[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63585-63587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0379; Directorate Identifier 2008-NM-220-AD; 
Amendment 39-16113; AD 2009-24-19]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    An A320 operator experienced difficulties in extending the RAT 
[ram air turbine] during a deployment testing.
    During the trouble shooting, the Ejection Jack of the RAT was 
removed and investigated.
    The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. * * *
    This Ejection Jack failure may prevent the effective deployment 
and use of the RAT in emergency conditions.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 8, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

[[Page 63586]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 29, 2009 (74 
FR 19462). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    An A320 operator experienced difficulties in extending the RAT 
[ram air turbine] during a deployment testing.
    During the trouble shooting, the Ejection Jack of the RAT was 
removed and investigated.
    The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. This problem was 
determined to be caused during the previous rework of the Ejection 
Jack and was possible due to the incomplete requirements contained 
within the Component Maintenance Manual (CMM).
    This Ejection Jack failure may prevent the effective deployment 
and use of the RAT in emergency conditions.
    This AD therefore mandates the replacement of an Ejection Jack 
that has been previously reworked in accordance with the incomplete 
CMM requirements. This will restore the reliability of the Ejection 
Jack of the RAT.
    The implementation of this modification was originally managed 
by an Airbus monitoring campaign. However, the rate of installation 
of the corrective action by operators has not met the predicated 
[sic] target. As such and to ensure continued compliance with the 
certification requirements, it is considered necessary to require 
compliance by means of an AD.

    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request for Inclusion of Airbus Model A320 Only

    Both Airbus and Virgin America request that we revise the 
applicability section (paragraph (c)) of the NPRM to state that only 
Airbus Model A320 airplanes are affected. The commenters note that 
Airbus Model A318, A319, and A321 series airplanes are equipped with 
Sundstrand RATs as part of the basic type design per Airbus 
modification 22803 and that there is no option to install Hamilton 
Sundstrand (formerly Dowty) RATs, which is the subject of this AD.
    We agree, for the reason stated above, and have removed Airbus 
Model A318, A319, and A321 airplanes from the applicability statement 
of this AD. We also noted this change as a difference between European 
Aviation Safety Agency (EASA) Airworthiness Directive 2008-0199, dated 
November 5, 2008, and the FAA AD in Note 1 of this AD. We coordinated 
with European Aviation Safety Agency on this issue.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD affects 187 products of U.S. registry. We 
also estimate that it takes about 2 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of this AD 
to the U.S. operators to be $29,920, or $160 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-24-19 Airbus: Amendment 39-16113. Docket No. FAA-2009-0379; 
Directorate Identifier 2008-NM-220-AD.

[[Page 63587]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A320-111, -211, -212, -214, 
-231, -232, and -233 series airplanes, certificated in any category, 
all certified models, all serial numbers, equipped with Hamilton 
Sundstrand (formerly Dowty) Ram Air Turbine (RAT) Ejection Jack, 
Model ERPS13EJ, part number (P/N) 114160004A or 114160005, except 
those airplanes on which Airbus modification 27189 was done in 
production or Airbus Service Bulletin A320-29-1100 was done in 
service, and on which Airbus modification 28413 was not done in 
production.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An A320 operator experienced difficulties in extending the RAT 
during a deployment testing.
    During the trouble shooting, the Ejection Jack of the RAT was 
removed and investigated.
    The investigation identified excessive wear of the uplock 
segments against the inner cylinder of the Ejection Jack, due to an 
incorrect blend radius of the inner cylinder. This problem was 
determined to be caused during the previous rework of the Ejection 
Jack and was possibly due to the incomplete requirements contained 
within the Component Maintenance Manual (CMM).
    This Ejection Jack failure may prevent the effective deployment 
and use of the RAT in emergency conditions.
    This AD therefore mandates the replacement of an Ejection Jack 
that has been previously reworked in accordance with the incomplete 
CMM requirements. This will restore the reliability of the Ejection 
Jack of the RAT.
    The implementation of this modification was originally managed 
by an Airbus monitoring campaign. However, the rate of installation 
of the corrective action by operators has not met the predicated 
[sic] target. As such and to ensure continued compliance with the 
certification requirements, it is considered necessary to require 
compliance by means of an AD.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD, 
identify the serial number of the installed ejection jack of the 
RAT, in accordance with Accomplishment Instructions of Airbus 
Service Bulletin A320-29-1136, dated February 20, 2007. If the 
serial number is included in the affected batch identified in the 
service bulletin, before further flight, replace the ejection jack 
of the RAT with a modified or reworked ejection jack, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-29-1136, dated February 20, 2007.
    (2) As of the effective date of this AD, no person may install a 
RAT Ejection Jack Model ERPS13EJ, P/N 114160004A or 114160005, on 
any airplane unless the ejection jack has been modified or reworked 
in accordance with Airbus Service Bulletin A320-29-1136, dated 
February 20, 2007.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: While the European Aviation Safety Agency AD 
2008-0199, dated November 5, 2008, applies to Airbus Model A318, 
A319, and A321 series airplanes, this AD does not list these models 
for reasons explained in the Comments section of this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim 
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0199, dated November 5, 2008; and Airbus Service 
Bulletin A320-29-1136, dated February 20, 2007; for related 
information.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-29-1136, excluding 
Appendix 01, dated February 20, 2007, to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; fax +33 5 61 93 44 51; e-mail: 
[email protected]; Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28556 Filed 12-3-09; 8:45 am]
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