[Federal Register Volume 63, Number 8 (Tuesday, January 13, 1998)]
[Rules and Regulations]
[Pages 1909-1911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-314-AD; Amendment 39-10277; AD 98-01-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
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 A330 and A340 series airplanes. This 
action requires repetitive operational tests of the override mechanism 
of the trimmable horizontal stabilizer (THS) to determine if the system 
functions correctly; and corrective action, if necessary. This 
amendment is prompted by the issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified in this AD are intended to prevent uncommanded 
movement of the THS, which could result in reduced controllability of 
the airplane.

DATES: Effective January 28, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 28, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before February 12, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-314-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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on certain Airbus 
Model A330 and A340 series airplanes. The DGAC advises that results of 
simulator testing have indicated that uncommanded movement of the 
trimmable horizontal stabilizer (THS) can occur, if the manual override 
switch fails in the open position and the THS control wheel is blocked 
by either the pilot or a mechanical control jam. Such uncommanded 
movement of the THS, if not corrected, could result in reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-27-3051 (for Model A330 
series

[[Page 1910]]

airplanes) and A340-27-4058 (for Model A340 series airplanes), both 
dated February 13, 1997. These service bulletins describe procedures 
for repetitive operational tests of the override mechanism of the THS 
to determine if the system functions correctly. The service bulletins 
also describe procedures for repair, if necessary. The DGAC classified 
these service bulletins as mandatory and issued French airworthiness 
directives 97-064-044(B)R2 and 97-065-055(B)R2, both dated November 5, 
1997, in order to assure the continued airworthiness of these airplanes 
in France.

FAA's Conclusions

    These airplane models are manufactured in France and are 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.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD requires accomplishment of the actions 
specified in the service bulletins described previously, except as 
described below.

Differences Between this AD and the Service Information

    Operators should note that, unlike the procedures described in the 
referenced service bulletins and French airworthiness directives, this 
AD does not address compliance times for affected airplanes used in 
training because the anticipated use of these airplanes in the United 
States does not include training.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    None of the airplanes affected by this action is 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 1 work hour to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$60 per airplane.

Determination of Rule's Effective Date

    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, prior 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 97-NM-314-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

98-01-15  Airbus Industrie: Amendment 39-10277. Docket 97-NM-314-AD.

    Applicability: Model A330-301, -321, -322, -341, and -342 series 
airplanes on which Airbus Modification 45631 has not been installed; 
and Model A340-211, -212, -213, -311, -312, and -313 series 
airplanes

[[Page 1911]]

on which Airbus Modification 45485 has not been installed; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded movement of the trimmable horizontal 
stabilizer (THS), which could result in reduced controllability of 
the airplane, accomplish the following:
    (a) Within 500 flight hours after the effective date of this AD, 
perform an operational test of the THS override mechanism to 
determine if the override system functions correctly, in accordance 
with paragraph (a)(1) or (a)(2) of this AD, as applicable. Repeat 
the operational test thereafter at intervals not to exceed 500 
flight hours.
    (1) For Model A330 series airplanes: Perform the operational 
test in accordance with Airbus Service Bulletin A330-27-3051, dated 
February 13, 1997; and, prior to further flight, repair any 
discrepancy in accordance with this service bulletin.
    (2) For Model A340 series airplanes: Perform the operational 
test in accordance with Airbus Service Bulletin A340-27-4058, dated 
February 13, 1997; and, prior to further flight, repair any 
discrepancy in accordance with this service bulletin.
    (b) 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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (c) 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.
    (d) The actions required by this AD shall be done in accordance 
with Airbus Service Bulletin A330-27-3051, dated February 13, 1997 
(for Model A330 series airplanes); or A340-27-4058, dated February 
13, 1997 (for Model A340 series airplanes); as applicable. 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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directives 97-064-044(B)R2 and 97-065-055(B)R2, both 
dated November 5, 1997.

    (e) This amendment becomes effective on January 28, 1998.

    Issued in Renton, Washington, on December 31, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-312 Filed 1-12-98; 8:45 am]
BILLING CODE 4910-13-U