[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31071-31073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13889]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-142-AD; Amendment 39-9257; AD 95-12-07]


Airworthiness Directives; Airbus Model A340-211 and -311 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A340-211 and -311 airplanes. This 
action requires replacement of the inboard and outboard aileron servo 
controls associated with hydraulic systems with new units that contain 
an improved seal installation. This amendment is prompted by reports of 
external leakage of hydraulic fluid on the inboard and/or outboard 
aileron servo controls on in-service airplanes. The actions specified 
in this AD are intended to prevent loss of hydraulic fluid, which may 
lead to the loss of the corresponding hydraulic system and its 
associated functions, and reduced controllability of the airplane.

DATES: Effective on June 28, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 28, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before August 14, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-142-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the Office 
of the Federal Register, 800 North Capitol Street NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified [[Page 31072]] the FAA that an unsafe condition may exist on 
certain Airbus Model A340-211 and -311 airplanes. The DGAC advises that 
it has received reports of external leakage of hydraulic fluid on the 
inboard and/or outboard aileron servo controls on several in-service 
airplanes. Investigation has revealed that the cause of this leakage is 
attributed to a partly extruded static seal located between the 
tailstock and the barrel of the aileron servo control. This condition, 
if not corrected, could result in loss of hydraulic fluid, which may 
lead to the loss of the corresponding hydraulic system and its 
associated functions, and reduced controllability of the airplane.
    Airbus has issued Service Bulletin A340-27-4013, dated October 27, 
1993, which describes procedures for replacement of the left- and 
right-hand inboard and outboard aileron servo controls associated with 
the green, yellow, and blue hydraulic systems with new units that 
contain an improved seal installation. The DGAC classified this service 
bulletin as mandatory and issued French airworthiness directive 94-010-
005(B), dated January 19, 1994, in order to assure the continued 
airworthiness of these airplanes in France.
    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent loss of hydraulic fluid, which may lead to the 
loss of the corresponding hydraulic system and its associated 
functions, and reduced controllability of the airplane. This AD 
requires replacement of the left- and right-hand inboard and outboard 
aileron servo controls associated with the green, yellow, and blue 
hydraulic systems with new units that contain an improved seal 
installation. The actions are required to be accomplished in accordance 
with the service bulletin described previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this rule to clarify this long-standing requirement.
    There currently are no Model A340-211 and -311 airplanes on the 
U.S. Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 33 work hours to 
accomplish the required actions, at an average labor charge of $60 per 
work hour. Based on these figures, the total cost impact of this AD 
would be $1,980 per airplane.
    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-142-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as 
follows: [[Page 31073]] 

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-12-07  Airbus Industrie: Amendment 39-9257. Docket 94-NM-142-AD.

    Applicability: Model A340-211 and -311 airplanes on which Airbus 
Modification 42247 has not been installed (reference Airbus Service 
Bulletin A340-27-4013, dated October 27, 1993), certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of hydraulic fluid, which may lead to the loss 
of the corresponding hydraulic system and its associated functions, 
and reduced controllability of the airplane, accomplish the 
following:
    (a) Within 3 months after the effective date of this AD, replace 
the left- and right-hand inboard and outboard aileron servo controls 
associated with the green hydraulic system with new units that 
contain an improved seal installation, in accordance with Airbus 
Service Bulletin A340-27-4013, dated October 27, 1993.
    (b) Within 6 months after the effective date of this AD, replace 
the left- and right-hand inboard and outboard aileron servo controls 
associated with the yellow and blue hydraulic systems with new units 
that contain an improved seal installation, in accordance with 
Airbus Service Bulletin A340-27-4013, dated October 27, 1993.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) The replacements shall be done in accordance with Airbus 
Service Bulletin A340-27-4013, dated October 27, 1993. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on June 28, 1995.

    Issued in Renton, Washington, on June 1, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-13889 Filed 6-12-95; 8:45 am]
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