[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16102-16104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8542]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-327-AD; Amendment 39-10445; AD 98-07-23]
RIN 2120-AA64


Airworthiness Directives; Airbus Model 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 A340 series airplanes. This action 
requires revising the Airplane Flight Manual (AFM) to provide the 
flightcrew with procedures to prevent thrust loss during initial climb. 
This action also requires installing a new or modified electronic 
control unit on each engine, which, when accomplished, terminates the 
requirement for the AFM revision. 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 significant thrust loss during initial climb, which 
could result in an increased risk of collision with obstacles in the 
initial climb path of the airplane.

DATES: Effective April 17, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 17, 1998.

[[Page 16103]]

    Comments for inclusion in the Rules Docket must be received on or 
before May 4, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-327-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 certain Airbus Model A340 
series airplanes. The DGAC advises that it has received reports of 
significant power loss during initial climb of the airplane. Such power 
loss has been attributed to anomalies in the software installed in the 
electronic control unit (ECU) on each engine. This condition, if not 
corrected, could result in an increased risk of collision with 
obstacles in the initial climb path of the airplane.

Explanation of Relevant Service Information

    Airbus has issued A340 Airplane Flight Manual (AFM) Temporary 
Revision 4.03.00/14, dated October 18, 1996, which provides the 
flightcrew with revised takeoff procedures to prevent thrust loss 
during initial climb. The revised takeoff procedures involve turning 
off one bleed pack and all engine bleeds prior to takeoff, and turning 
them on after thrust reduction following takeoff. Airbus also has 
issued Service Bulletin A340-73-4012, Revision 1, dated August 25, 
1997, which describes procedures to replace the existing ECU on each 
engine with a new ECU or modify the existing ECU on each engine. 
Accomplishment of the actions in Airbus Service Bulletin A340-73-4012 
eliminates the need for the AFM revision. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The DGAC classified the AFM temporary 
revision and service bulletin as mandatory and issued French 
airworthiness directive 97-166-065(B), dated July 30, 1997, in order to 
assure the continued airworthiness of these airplanes in France.

FAA's Conclusions

    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.

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 is being issued to prevent significant 
thrust loss during initial climb, which could result in an increased 
risk of collision with obstacles in the initial climb path. This AD 
requires revising the Normal Procedures Section of the FAA-approved AFM 
by incorporating the previously described temporary AFM revision. This 
AD also requires accomplishment of the actions specified in the service 
bulletin described previously. Accomplishment of the specified actions 
constitutes terminating action for the AFM revision.

Cost Impact

    None of the 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; 
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 AFM revision, at an average labor rate of $60 per work 
hour. Based on this estimate, the cost impact of this action would be 
$60 per airplane.
    It would take approximately 12 work hours to accomplish replacement 
of the existing ECU's with new ECU's, at an average labor rate of $60 
per work hour. Required parts would be provided by the manufacturer at 
no cost to operators. Based on this figure, the cost impact of the 
replacement required by this AD would be $720 per airplane.
    Should an operator elect the option of modifying the existing ECU's 
instead of replacing them with new units, the FAA estimates that 8 work 
hours per airplane would be required to modify the existing ECU's, at 
an average labor rate of $60 per work hour. Based on this figure, the 
cost impact of the modification required by this AD would be $480 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.

[[Page 16104]]

    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-327-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:

98-07-23  Airbus Industrie: Amendment 39-10445. Docket 97-NM-327-AD.

    Applicability: Model A340-211, -212, -213, -311, -312, and -313 
series airplanes; on which Airbus Modification 45504 (reference 
Airbus Service Bulletin A340-73-4012, evision 1, dated August 25, 
1997) has not been accomplished; 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 (c) 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 significant thrust loss during initial climb, which 
could result in an increased risk of collision with obstacles in the 
initial climb path of the airplane, accomplish the following:
    (a) Within 5 days after the effective date of this AD, revise 
the Normal Procedures Section of the FAA-approved Airplane Flight 
Manual (AFM) to include the information specified in Airbus A340 AFM 
Temporary Revision 4.03.00/14, dated October 18, 1996, to provide 
the flightcrew with procedures to prevent thrust loss during initial 
climb, as specified in the temporary revision; and operate the 
airplane in accordance with those limitations and procedures.

    Note 2: This may be accomplished by inserting a copy of 
Temporary Revision 4.03.00/14 into the AFM. When this temporary 
revision has been incorporated into general revisions of the AFM, 
the general revisions may be inserted into the AFM, provided the 
information contained in the general revision is identical to that 
specified in Temporary Revision 4.03.00/14.

    (b) Within 6 months after the effective date of this AD, replace 
the existing electronic control unit (ECU) on each engine with a new 
ECU, or modify the existing ECU on each engine; in accordance with 
Airbus Service Bulletin A340-73-4012, Revision 1, dated August 25, 
1997. After the replacement or modification has been accomplished, 
Airbus A340 AFM Temporary Revision 4.03.00/14, dated October 18, 
1996, may be removed from the AFM.
    (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, 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.

    (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 AFM revision shall be done in accordance with Airbus 
A340 Airplane Flight Manual Temporary Revision 4.03.00/14, dated 
October 18, 1996. The replacement or modification shall be done in 
accordance with Airbus Service Bulletin A340-73-4012, Revision 1, 
dated August 25, 1997. 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 4: The subject of this AD is addressed in French 
airworthiness directive 97-166-065(B), dated July 30, 1997.

    (f) This amendment becomes effective on April 17, 1998.

    Issued in Renton, Washington, on March 26, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8542 Filed 4-1-98; 8:45 am]
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