[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62072-62075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24557]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-013-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A321 series airplanes; and Model A320-211,
-212, -214, -231, -232, and -233 airplanes. This proposed AD was
prompted by reports of wear of the trimmable horizontal stabilizer
actuator (THSA). This proposed AD would require repetitive inspections
of the THSA for damage, and replacement if necessary; and replacement
of the THSA after reaching a certain life limit. We are proposing this
AD to detect and correct wear on the THSA, which would reduce the
remaining life of the THSA, possibly resulting in premature failure and
consequent reduced control of the airplane.
DATES: We must receive comments on this proposed AD by December 1,
2014.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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 referenced service information at the
FAA, Transport
[[Page 62073]]
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0748; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed 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.
Comments will be available in the AD docket shortly after receipt.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0748;
Directorate Identifier 2014-NM-013-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0011R1, dated January 17, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, and A321 series airplanes and Model A320-211, -212, -214, -
231, -232, and -233 airplanes. The MCAI states:
In the frame of the A320 Extended Service Goal (ESG) project and
the study on the Trimmable Horizontal Stabilizer Actuator (THSA), a
sampling programme of in-service units has been performed and
several cases of wear at different THSA levels were reported.
This condition, if not detected and corrected, would reduce the
remaining life of the THSA, possibly resulting in premature failure
and consequent reduced control of the aeroplane.
Prompted by these findings, Airbus issued Service Bulletin (SB)
A320-27-1227 to provide THSA inspection instructions.
For the reasons described above, this [EASA] AD requires
repetitive inspections of the THSA and introduces a life limit for
the THSA.
The MCAI specifies a detailed inspection of the magnetic chip detector
for metal particles, a spectrometric analysis of the oil drained from
the THSA gearbox, a detailed inspection of the ballscrew and nut, and a
detailed inspection of the upper and the lower attachments for damage.
The corrective action is replacement of the THSA with a serviceable
THSA. The compliance time for the THSA replacement ranges from before
further flight to within 4 months from drainage of the oil sample. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0748.
Relevant Service Information
Airbus has issued Service Bulletin A320-27-1227, Revision 01, dated
October 7, 2013. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance
[[Page 62074]]
to the AD-required actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or
Airbus's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature are not EASA-approved,
unless EASA directly approves the manufacturer's message or other
information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH.
Costs of Compliance
We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
We also estimate that it would take about 6 work-hours per product
to comply with the inspection requirements of this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost for the inspection specified in this proposed AD on
U.S. operators to be $434,010, or $510 per product.
We estimate that it would take about 7 work-hours per product to
comply with the actuator replacement requirements of this proposed AD.
Required parts would cost about $240,000 per product. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
for the actuator replacement specified in this proposed AD on U.S.
operators to be $204,746,345, or $240,595 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 airworthiness
directive (AD):
Airbus: Docket No. FAA-2014-0748; Directorate Identifier 2014-NM-
013-AD.
(a) Comments Due Date
We must receive comments by December 1, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), (c)(3), and
(c)(4) of this AD, all manufacturer 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 A320-211, -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 27, Flight
Controls.
(e) Reason
This AD was prompted by reports of wear of the trimmable
horizontal stabilizer actuator (THSA). We are issuing this AD to
detect and correct wear on the THSA, which would reduce the
remaining life of the THSA, possibly resulting in premature failure
and consequent reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Initial Inspections
At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Do a detailed inspection of the magnetic chip
detector for metal particles, a spectrometric analysis of the oil
drained from the THSA gearbox, a detailed inspection of the
ballscrew and nut for damage (including, but not limited to, cracks,
dents, corrosion, and
[[Page 62075]]
unsatisfactory surface protection), and a detailed inspection of the
upper and the lower attachments for damage (including, but not
limited to, cracks, dents, corrosion, and unsatisfactory surface
protection), in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-27-1227, Revision 01, dated October 7,
2013.
(1) Before the THSA accumulates 48,000 total flight hours or
30,000 total flight cycles, whichever occurs first since first
installation on an airplane.
(2) Within 4 months after the effective date of this AD.
(h) Repetitive Inspections
Repeat the inspections required by paragraph (g) of this AD
thereafter at intervals not to exceed the applicable time specified
in paragraphs (h)(1) and (h)(2) of this AD.
(1) For a THSA that, as of the date of the most recent
inspection required by paragraph (g) of this AD, has accumulated
less than 67,500 total flight hours since first installation on an
airplane: The repetitive inspection interval is 24 months.
(2) For a THSA that, as of the date of the most recent
inspection required by paragraph (g) of this AD, has accumulated
67,500 total flight hours or more since first installation on an
airplane: The repetitive inspection interval is 4 months.
(i) THSA Corrective Action
If, during any inspection required by paragraphs (g) and (h) of
this AD, any finding as described in Airbus Service Bulletin A320-
27-1227, Revision 01, dated October 7, 2013, is found: At the
applicable compliance time (depending on the applicable findings)
specified in paragraph 1.E., ``Compliance,'' of Airbus Service
Bulletin A320-27-1227, Revision 01, dated October 7, 2013, replace
the THSA with a serviceable THSA, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-27-1227,
Revision 01, dated October 7, 2013. For the purposes of this AD, a
serviceable THSA is a THSA that has accumulated less than 67,500
total flight hours since first installation on an airplane.
(j) THSA Replacement
Before a THSA accumulates 67,500 total flight hours since first
installation on an airplane, or within 12 months after the effective
date of this AD, whichever occurs later: Replace the THSA with a
serviceable THSA, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A320-27-1227, Revision 01, dated October
7, 2013. Thereafter, before the accumulation of 67,500 total flight
hours since first installation on an airplane on any THSA, replace
it with a serviceable THSA.
(k) Replacement THSA: No Terminating Action
Replacement of a THSA on an airplane, as required by paragraph
(i) or (j) of this AD, does not constitute terminating action for
the repetitive inspections required by paragraphs (g) and (h) of
this AD for that airplane. After THSA replacement: At the applicable
compliance time specified in paragraphs (g)(1), (g)(2), (h)(1), and
(h)(2) of this AD, do the inspections required by paragraph (g) of
this AD.
(l) Replacement THSA Equivalency
Repairs of a THSA in shop, as described in United Technologies
Corporation Aerospace Systems Component Maintenance Manual 27-44-51,
are considered equivalent to having passed an inspection in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-27-1227, dated July 1, 2013; or Airbus Service
Bulletin A320-27-1227, Revision 01, dated October 7, 2013. Depending
on the flight hours or flight cycles accumulated by the repaired
THSA: At the applicable compliance time specified in paragraphs
(g)(1), (g)(2), (h)(1), and (h)(2) of this AD, do the inspections
required by paragraph (g) of this AD.
(m) Parts Installation Limitation
As of the effective date of this AD, installation on an airplane
of a THSA that has accumulated 67,500 or more total flight hours is
allowed, provided that, prior to installation, the THSA has been
modified or inspected using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA); or Airbus's EASA
Design Organization Approval (DOA).
(n) Credit for Previous Actions
This paragraph provides credit for inspections required by
paragraphs (g) and (h) of this AD, if those inspections were
performed before the effective date of this AD using Airbus Service
Bulletin A320-27-1227, dated July 1, 2013, which is not incorporated
by reference in this AD.
(o) 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(p) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0011R1, dated January 17, 2014, for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0748.
(2) 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 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.
Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24557 Filed 10-15-14; 8:45 am]
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