[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 532-536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0208; Directorate Identifier 2012-NM-204-AD; 
Amendment 39-17702; AD 2013-25-06]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was 
prompted by a determination that certain maintenance activities, such 
as repairs or the accumulation of paint layers, might cause the weight 
of an elevator to exceed the certified limits. This AD requires 
checking the weight of certain elevators, and corrective action if 
necessary; and re-identifying the elevators. We are issuing this AD to 
detect and correct elevators that exceed the certified weight limits, 
which could result in reduced control of the airplane.

DATES: This AD becomes effective February 10, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 10, 
2014.

ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0208; 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 service information identified in this AD, contact Airbus, 
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email [email protected]; Internet http://www.airbus.com. You may view this

[[Page 533]]

referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405; 
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. 
The NPRM was published in the Federal Register on March 11, 2013 (78 FR 
15335). The NPRM proposed to correct an unsafe condition for the 
specified products.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0221, dated October 23, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

It has been identified that maintenance activities, such as repairs 
or the accumulation of paint layers, may cause the weight of an 
elevator to exceed the certified limits.
This condition, if not detected and corrected, could result in 
reduced control of the aeroplane.
For the reasons described above, this [EASA] AD requires a onetime 
weight check of both left-hand (LH) and right-hand (RH) elevators, 
accomplishment of corrective actions, as applicable, depending on 
findings, and re-identification of the elevators.
The monitoring of elevator weight evolution after having complied 
with this [EASA] AD is ensured by Airbus A318/A319/A320/A321 ALS 
Part 2 CDCCL (Critical Design Configuration Control Limitations), 
compliance with which is currently required by EASA AD 2010-0071R1 
(http://ad.easa.europa.eu/blob/easa_ad_2010_0071_R1.pdf/AD_2010-0071R1_1), [which corresponds to FAA AD 2011-14-06, Amendment 
39-16741 (76 FR 42024, July 18, 2011)].

Corrective action includes removing the paint from the elevator surface 
and repainting, or replacing the elevator with a serviceable elevator 
if the weight estimate is over the certified weight limit; and 
repairing the elevator. You may examine the MCAI in the AD docket on 
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
0208-0002.

Comments

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

Support for the NPRM (78 FR 15335, March 11, 2013)

    US Airways stated it agrees with the NPRM (78 FR 15335, March 11, 
2013) to ensure safety and has been actively weighing and applying new 
part numbers for over a year.

Request To Change Compliance Time Stipulation

    Airbus requested we change paragraph (i) of the NPRM (78 FR 15335, 
March 11, 2013) to specify that the corrective action for an overweight 
elevator is required before further flight for that elevator and not 
for the airplane.
    We agree with the commenter's request because the intent of the 
final rule is to prohibit flight with elevators that exceed the weight 
limit established in accordance with Airbus Service Bulletin A320-55-
1034, including Appendices 1 and 2, dated August 19, 2011. We have 
changed paragraph (i) in this final rule to state ``. . . Before 
further flight with an elevator that exceeds the weight limits 
established in Airbus Service Bulletin A320-55-1034, including 
Appendices 1 and 2, dated August 19, 2011, repair . . . .''

Request To Allow Maintenance Record Check To Identify Affected 
Elevators

    Delta Airlines (DAL) requested we revise the NPRM (78 FR 15335, 
March 11, 2013) to allow omitting the elevator weight check if a review 
of the airplane maintenance records shows that an affected elevator is 
not installed on the airplane.
    We disagree with the commenter's request. This final rule does not 
specify a particular method of determining if an affected elevator is 
installed. Paragraph (c) of this final rule identifies the affected 
airplanes, and table 1 to paragraph (g) of this AD lists the affected 
elevator part numbers. Once an operator determines an affected elevator 
part number is not installed on an airplane in its fleet, the operator 
may record compliance with this AD for those airplanes and elevator 
part numbers. However, the operator is still subject to paragraph (l) 
of this AD, which prohibits installing the elevator part numbers listed 
in table 1 to paragraph (g) of this AD, unless the actions required by 
this AD are accomplished on the elevator before installation. We have 
not changed this final rule in this regard.

Request To Omit the Elevator Weight Check Under Certain Conditions

    DAL requested we add a note to the NPRM (78 FR 15335, March 11, 
2013) similar to a note in paragraph 1.E., ``Compliance,'' of Airbus 
Service Bulletin A320-55-1034, including Appendices 1 and 2, dated 
August 19, 2011. DAL stated that elevator installation requires 
compliance with a critical design configuration control limitation 
(CDCCL) that requires weighing the elevator. DAL commented that the 
note states it is not necessary to weigh the elevator again if an 
elevator has previously been weighed for the CDCCL requirement and, 
since the elevator was weighed, no maintenance actions were carried out 
on it that could have led to an elevator weight increase.
    We disagree with the commenter's request to add a note to this 
final rule. Paragraph (g)(1) of this AD already allows a records review 
if the elevator weight can be conclusively determined from review of 
maintenance records. We have not changed this final rule in this 
regard.

Request To Change Applicability

    US Airways requested we change the applicability of the NPRM (78 FR 
15335, March 11, 2013) from airplanes to all part numbers of affected 
elevators. US Airways stated that the NPRM should be a component AD, as 
the elevators are interchanged among the fleet, and AD applicability by 
manufacturer serial number (MSN) of the airplane could be confusing.
    We disagree with the commenter's request. The FAA risk assessment 
was performed to determine corrective action(s) for mitigating the 
unsafe condition at an airplane level. Since the elevator parts are 
interchanged among the fleet, this final rule applicability at an 
airplane level will ensure discrepant elevator parts are identified and 
corrected. We have not changed this final rule in this regard.

Request for Clarification of Applicability

    US Airways requested clarification as to why elevators having ``MPN 
D55280002002 & D55280002003'' are not included in the NPRM (78 FR 
15335, March 11, 2013). US Airways stated that these elevators have a 
requirement for a weight check after any repair according to Component 
Maintenance Manual Manufacturer 55-21-15, Revision 13, dated January 1, 
2013.

[[Page 534]]

    We agree to clarify. The purpose of this AD is to perform a one-
time weight check of all elevators that are in service with no record 
of weight at the time of production. Airbus Modification 150390 
installs a placard with the elevator weight during production. The two 
part numbers referenced by US Airways are installed in production by 
Airbus Modification 150390, and the configuration is maintained by 
CDCCL in Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
Part 2--Damage-Tolerant Airworthiness Limitation Items. Therefore, the 
two part numbers are not included in this final rule. We have not 
changed this final rule in this regard.

Request To Approve Alternative Paints

    US Airways requested we change the corrective actions in the NPRM 
(78 FR 15335, March 11, 2013) to reflect that primer paints called out 
in Structural Repair Manual 51-23-11, Page 10, Table 6, Sheet 3 (F1 
area), are approved as alternate paints to apply to elevators that need 
to be re-painted. US Airways stated that Appendix 1, step (5)(b) and 
step (6) of Airbus Service Bulletin A320-55-1034, including Appendices 
1 and 2, dated August 19, 2011, requires an external paint scheme and 
the primer materials called out in this service information are not 
readily available.
    We disagree with the commenter's request. The commenter did not 
provide substantiation for an equivalent alternative to the primer 
material referenced in the service information in this final rule. The 
operator may apply for approval of an alternative method of compliance 
under the provisions of paragraph (m) of this final rule to use 
different primer material. We have not changed this final rule in this 
regard.

Request To Correct Typographical Error

    DAL noted an error in paragraph (h)(2) of the NPRM (78 FR 15335, 
March 11, 2013), which should state ``than'' instead of ``that.''
    Paragraph (h)(2) of the NPRM (78 FR 15335, March 11, 2013) stated 
``For elevators other that those identified in . . . .'' We agree with 
the commenter's request and have changed paragraph (h)(2) of this final 
rule to state ``For elevators other than those . . . .''

Request To Revise Certain Terminology

    Airbus requested we revise paragraph (i) of the NPRM (78 FR 15335, 
March 11, 2013) to use the word ``restore'' in lieu of ``repair.'' 
Airbus stated it considers the word ``restore'' to be more appropriate 
for the required actions (i.e., removal of paint layers).
    We disagree with the commenter's request. The intent of word 
``repair'' is to restore the structure/part to its original type design 
configuration. Therefore, replacing the word ``repair'' with 
``restore'' may be misinterpreted. We have not changed this final rule 
in this regard.

Change to This Final Rule

    We have changed the first compliance time specified in paragraph 
(i) of this AD from ``before further flight'' to ``within the 
applicable time specified in paragraph (h)(1) or (h)(2) of this AD.'' 
We have determined that this change will provide sufficient time to 
adequately address the identified unsafe condition.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 15335, March 11, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 15335, March 11, 2013).

Costs of Compliance

    We estimate that this AD affects 755 products of U.S. registry. We 
estimate that it will take about 45 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $85 
per work-hour. Based on these figures, we estimate the cost of this AD 
to the U.S. operators to be $2,887,875, or $3,825 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0208-0002; 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 
this AD, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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:

[[Page 535]]

2013-25-06 Airbus: Amendment 39-17702. Docket No. FAA-2013-0208; 
Directorate Identifier 2012-NM-204-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 10, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, listed in paragraphs (c)(1) through (c)(4) of this AD, all 
serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-111, -211, -212, -214, -231, -232, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that certain maintenance 
activities, such as repairs or the accumulation of paint layers, 
might cause the weight of an elevator to exceed the certified 
limits. We are issuing this AD to detect and correct elevators that 
exceed certified weight limits, which could result in reduced 
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Weight Check

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: Do a weight check on the elevators identified in table 1 
to paragraph (g) of this AD. Do the weight check in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-55-
1034, including Appendices 1 and 2, dated August 19, 2011, except as 
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

    Table 1 to Paragraph (g) of This AD--Affected Part Numbers (P/N)
------------------------------------------------------------------------
                 Part name                   P/N (first 12 digits only)
------------------------------------------------------------------------
Left Hand Elevator........................  D55280001000
Left Hand Elevator........................  D55280001002
Left Hand Elevator........................  D55280001004
Left Hand Elevator........................  D55280001008
Left Hand Elevator........................  D55280001010
Left Hand Elevator........................  D55280001012
Left Hand Elevator........................  D55280002000
Right Hand Elevator.......................  D55280001001
Right Hand Elevator.......................  D55280001003
Right Hand Elevator.......................  D55280001005
Right Hand Elevator.......................  D55280001009
Right Hand Elevator.......................  D55280001011
Right Hand Elevator.......................  D55280001013
Right Hand Elevator.......................  D55280002001
------------------------------------------------------------------------

    (1) A review of the airplane maintenance records is acceptable 
in lieu of the weight check required by the introductory text of 
paragraph (g) of this AD, provided the elevator weight can be 
conclusively determined from that review.
    (2) The use of elevator weight data from production, as 
specified in Airbus Service Bulletin A320-55-1034, including 
Appendices 1 and 2, dated August 19, 2011, is acceptable in lieu of 
the weight check required by the introductory text of paragraph (g) 
of this AD, provided that the affected elevator has not been 
subjected to any maintenance action that could have modified the 
weight.
    (3) Airplanes on which Airbus Modification 150390 has been 
embodied in production are not required to do the actions specified 
in the introductory text of paragraph (g) of this AD, provided that 
no elevator having a part number specified in table 1 to paragraph 
(g) of this AD has been installed on that airplane since the 
airplane's first flight.

(h) Compliance Time for the Actions Specified in Paragraphs (g) and (i) 
of This AD

    (1) For an elevator for which, as of the effective date of this 
AD, the records show that no maintenance actions have been performed 
since first installation of the elevator on an airplane, which might 
have increased its weight: Within 72 months after the effective date 
of this AD.
    (2) For elevators other than those identified in paragraph 
(h)(1) of this AD: Within 48 months after the effective date of this 
AD.

(i) Corrective Actions

    If the elevator weight, determined as required by paragraph (g) 
of this AD, exceeds the weight limit specified in the Accomplishment 
Instructions of Airbus Service Bulletin A320-55-1034, including 
Appendices 1 and 2, dated August 19, 2011: Within the applicable 
time specified in paragraph (h)(1) or (h)(2) of this AD, do the 
applicable corrective actions followed by a new weight check of the 
elevator, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-55-1034, including Appendices 1 and 2, 
dated August 19, 2011. If the elevator weight, determined as 
required by the new weight check, exceeds the weight limit specified 
in the Accomplishment Instructions of Airbus Service Bulletin A320-
55-1034, including Appendices 1 and 2, dated August 19, 2011: Before 
further flight with an elevator that exceeds the weight limits 
established in Airbus Service Bulletin A320-55-1034, including 
Appendices 1 and 2, dated August 19, 2011, repair the elevator using 
a method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation 
Safety Agency (EASA) (or its delegated agent).

(j) Elevator Re-Identification

    If the elevator weight, determined by the weight check specified 
in paragraph (g) or (i) of this AD, does not exceed the weight limit 
specified in the Accomplishment Instructions of Airbus Service 
Bulletin A320-55-1034, including Appendices 1 and 2, dated August 
19, 2011: Within 72 months after the effective date of this AD, 
record the elevator weight and re-identify the elevator, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-55-1042, Revision 01, dated June 29, 2012.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(j) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Service Bulletin A320-55-1042, dated 
August 19, 2011, which is not incorporated by reference in this AD.

(l) Parts Installation Limitation

    As of the effective date of this AD, no person may install on 
any airplane an elevator with a part number listed in table 1 to 
paragraph (g) of this AD, unless that elevator is in compliance with 
the requirements of this AD.

(m) Other FAA AD Provisions

    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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone (425) 227-1405; fax (425) 227-1149. Information may 
be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2012-0221, dated

[[Page 536]]

October 23, 2012, for related information. You may examine the MCAI 
in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0208-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraph (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Service Bulletin A320-55-1034, including Appendices 1 
and 2, dated August 19, 2011.
    (ii) Airbus Service Bulletin A320-55-1042, Revision 01, dated 
June 29, 2012.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
    (4) You may view copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-31527 Filed 1-3-14; 8:45 am]
BILLING CODE 4910-13-P