[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 3983-3984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1290]



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  Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / 
Rules and Regulations  

[[Page 3983]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0713; Directorate Identifier 2007-NM-303-AD; 
Amendment 39-16180; AD 2010-02-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318 Series Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    Investigations have revealed that under such conditions, 
vibrations may occur when the hinge moment of the elevator is close 
to zero, associated to elevator free-play.
* * * * *

The unsafe condition is excessive vibration of the elevators, which 
could result in reduced structural integrity and reduced 
controllability of the airplane. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective March 2, 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:

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 August 13, 2009 (74 
FR 40776). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    Investigations have revealed that under such conditions, 
vibrations may occur when the hinge moment of the elevator is close 
to zero, associated to elevator free-play.
* * * * *

The unsafe condition is excessive vibration of the elevators, which 
could result in reduced structural integrity and reduced 
controllability of the airplane. The corrective action includes 
inspecting the elevators for excessive freeplay, and repairing the 
elevator or servo controls, if necessary. 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 comment received. The commenter, Airbus, 
states that it has no comment on the NPRM.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

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 11 products of U.S. registry. We 
also estimate that it will take 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 $1,760, 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;

[[Page 3984]]

    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, 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:

2010-02-09 Airbus: Amendment 39-16180. Docket No. FAA-2009-0713; 
Directorate Identifier 2007-NM-303-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A318 series airplanes; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Some operators have reported airframe vibration under specific 
flight conditions including gusts.
    Investigations have revealed that under such conditions, 
vibrations may occur when the hinge moment of the elevator is close 
to zero, associated to elevator free-play.
* * * * *
The unsafe condition is excessive vibration of the elevators, which 
could result in reduced structural integrity and reduced 
controllability of the airplane. The corrective action includes 
inspecting the elevators for excessive freeplay, and repairing the 
elevator or servo controls, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the times specified in paragraphs (f)(1)(i) 
and (f)(1)(ii) of this AD, inspect the elevators for excessive 
freeplay, using a load application tool and a spring scale assembly, 
in accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA) (or its delegated agent). 
Repeat the inspection at intervals not to exceed 20 months.

    Note 1:  Guidance on the inspection procedures can be found in 
Task 27-34-00-200-001 of the Airbus A318/A319/A320/A321 Aircraft 
Maintenance Manual (AMM).

    (i) Within 20 months since the date of issuance of the original 
French, German, or EASA airworthiness certificate or the date of 
issuance of the original French, German, or EASA export certificate 
of airworthiness, or within 3 months after the effective date of 
this AD, whichever occurs later.
    (ii) Within 20 months since the last inspection of the elevators 
for excessive freeplay performed in accordance with Task 27-34-00-
200-001 of the Airbus A318/A319/A320/A321 AMM.
    (2) If any inspection required by paragraph (f)(1) of this AD 
indicates that the freeplay in the elevator exceeds 7 millimeters, 
before further flight, repair the elevator or servo controls in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA 
(or its delegated agent).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The EASA AD applies to Airbus Model A318, A319, A320, and 
A321 series airplanes, but the FAA AD applies only to Airbus Model 
A318 series airplanes. The actions required by the EASA AD for 
Airbus Model A319, A320, and A321 series airplanes are addressed in 
FAA AD 2001-16-09, Amendment 39-12377; and FAA AD 2005-22-10 R1, 
Amendment 39-14354.
    (2) This FAA AD does not require modification of the elevator 
neutral setting as specified in paragraph 2. of the EASA AD because 
this modification is already part of the FAA-approved type design 
for Airbus Model A318 series airplanes.
    (3) This FAA AD does not require a detailed inspection to 
determine the position of each tail cone triangle as specified in 
paragraph 3. of the EASA AD because that action was already 
accomplished on all Airbus Model A318 series airplanes during 
production.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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 (44 
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2007-0163, dated 
June 11, 2007, for related information.

Material Incorporated by Reference

    (i) None.

    Issued in Renton, Washington, on January 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1290 Filed 1-25-10; 8:45 am]
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