[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4568-4570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2286]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-320-AD; Amendment 39-10297; AD 98-03-05]
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 all Airbus Model A330 and A340 series airplanes. This 
action requires removal of three electric motor-driven hydraulic pumps 
(EHP) and associated wiring, and installation of placards in the flight 
deck. This amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified in this AD are intended to prevent operation of 
the EHP, which could result in fire in the wheel well area, and 
consequent damage to airplane structure or injury to airplane 
occupants.

DATES: Effective February 17, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 17, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before March 2, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-320-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, notified the 
FAA that an unsafe condition may exist on all Airbus Model A330 and 
A340 series airplanes. The DGAC advises that it has received several 
reports of fires in the wheel well area. The cause of the fires has 
been attributed to use of the electric motor-driven hydraulic pumps 
(EHP). The DGAC had previously issued French airworthiness directives 
to require electrical isolation of the three EHP in order to address 
the unsafe condition. However, since that time, the DGAC has received 
one additional report of an on-ground fire in the wheel well. The 
investigation into the cause of this incident has not yet concluded; 
however, deliberate or inadvertent operation of the EHP is believed to 
be related to the incident. This condition, if not corrected, could 
result in fire in the wheel well area, and consequent damage to 
airplane structure or injury to airplane occupants.

Explanation of Relevant Service Information

    Airbus has issued All Operators Telex (AOT) 29-21, Revision 1, 
dated January 8, 1997, which describes procedures for the disconnection 
and electrical isolation of all EHP's, and the installation of certain 
system `inoperative' placards in the flight deck.
    Airbus also has issued Service Bulletins A330-29-3041, dated 
February 25, 1997 (for Model A330 series airplanes), and A340-29-4041, 
dated February 26, 1997 (for Model A340 series airplanes), which 
describe procedures for removal of the three EHP's and associated 
wiring to permit installation of alternative pumps, or installation of 
provisions that would allow use of dedicated ground support equipment. 
Accomplishment of the actions specified in the AOT and service 
bulletins described previously is intended to adequately address the 
identified unsafe condition.
    The DGAC classified the AOT and service bulletins as mandatory and 
issued French airworthiness directives 97-017-043(B)R2, dated June 18, 
1997, as revised by ERRATUM, dated July 2, 1997; and 97-018-059(B)R2, 
dated June 18, 1997, as revised by ERRATUM, dated July 2, 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, the AD requires accomplishment of the actions 
specified in the AOT and service bulletins described previously.

Differences Between This AD and the French AD's

    This AD differs from the parallel French airworthiness directives 
in that it requires a single method of preventing operation of the 
three EHP's. The DGAC AD's provide three methods of compliance: 
describing procedures for disconnection and electrical isolation of the 
three EHP's; removal of the three EHP's with installation of placards 
in the flight deck; or removal of the three EHP's and subsequent 
installation of replacement EHP's. However, the FAA has determined that 
removal of the EHP's is the most effective method of addressing the 
unsafe condition; therefore, this AD requires the removal of the three 
EHP's and installation of placards in the flight deck. Operators should 
note that such removal of the three EHP's allows the option of using 
ground support equipment, or installing alternative pumps, as described 
in the French airworthiness directives.

Cost Impact

    None of the Model A330 and A340 series airplanes affected by this 
action are 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;

[[Page 4569]]

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 20 work hours to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Required parts would be provided by the manufacturer at no 
charge to the operator. Based on these figures, the cost impact of this 
AD would be $1,200 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-320-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:

98-03-05  Airbus: Amendment 39-10297. Docket 97-NM-320-AD.

    Applicability: All Model A330 and A340 series airplanes, 
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 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 operation of the electric motor-driven hydraulic 
pumps (EHP), which could result in fire in the wheel well area, and 
consequent damage to airplane structure or injury to airplane 
occupants, accomplish the following:
    (a) Within 48 hours after the effective date of this AD, 
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD.
    (1) Remove the three EHP's and associated wiring in accordance 
with Airbus Service Bulletin A330-29-3041, dated February 25, 1997 
(for Model A330 series airplanes), or A340-29-4041, dated February 
26, 1997 (for Model A340 series airplanes), as applicable; and
    (2) Open circuit breakers associated with the EHP's, and install 
placards in the flight deck, in accordance with paragraphs 4.2.2 and 
4.2.3 of Airbus All Operators Telex (AOT) 29-21, Revision 1, dated 
January 8, 1997.

    Note 2: Operators should note that removal of the three EHP's 
allows the option of using ground support equipment, or installing 
alternative pumps, as described in French airworthiness directives 
97-017-043(B)R2, dated June 18, 1997, as revised by ERRATUM, dated 
July 2, 1997; and 97-018-059(B)R2, dated June 18, 1997, as revised 
by ERRATUM, dated July 2, 1997.

    (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 3: 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 shall be done in accordance with Airbus Service 
Bulletin A330-29-3041, dated February 25, 1997; or Airbus Service 
Bulletin A340-29-4041, dated February 26, 1997; as applicable; and 
Airbus All Operators Telex (AOT) 29-21, Revision 1, dated January 8, 
1997. This incorporation by

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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 4: The subject of this AD is addressed in French 
airworthiness directives 97-017-043(B)R2, dated June 18, 1997, as 
revised by ERRATUM, dated July 2, 1997; and 97-018-059(B)R2, dated 
June 18, 1997, as revised by ERRATUM, dated July 2, 1997.

    (e) This amendment becomes effective on February 17, 1998.

    Issued in Renton, Washington, on January 23, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-2286 Filed 1-29-98; 8:45 am]
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