[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)] [Proposed Rules] [Pages 54797-54799] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-26279] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 99-NM-195-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-301, -321, -322 Series Airplanes, and Model A340-211, -212, -213, -311, -312, and -313 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to all Airbus Model A330-301, -321, and -322 series airplanes, and Model A340-211, -212, -213, -311, -312, and -313 series airplanes. This proposal would require repetitive replacements of the yaw damper actuator installed on active position with a new or overhauled yaw damper actuator. This proposal is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by the proposed AD are intended to prevent hydraulic leakage from the yaw damper actuator installed on active position due to premature wear of the dynamic seals between the actuator piston and the piston bearing. Hydraulic leakage could lead to complete loss of the green hydraulic circuit, which could result in reduced controllability of the airplane. DATES: Comments must be received by November 8, 1999. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 99-NM-195-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. The service information referenced in the proposed rule 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. 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: Comments Invited Interested persons are invited to participate in the making of the proposed 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 above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 99-NM-195-AD.'' The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 99-NM-195-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion 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 A330-301, -321, -322 series airplanes, and Model A340-211, -212, -213, -311, -312, and -313 series airplanes. The DGAC advises that it has received several reports of hydraulic fluid leakage from the yaw damper actuator installed on active position. Investigation has revealed that the hydraulic leakage was caused by premature wear of the dynamic seals between the actuator piston and the piston bearing. This condition, if not corrected, could lead to complete loss of the green hydraulic circuit, which could [[Page 54798]] result in reduced controllability of the airplane. Explanation of Relevant Service Information Airbus has issued Service Bulletins A330-27-3055, Revision 01, dated July 1, 1998 (for Model A330 series airplanes) and A340-27-4063, Revision 01, dated July 1, 1998 (for Model A340 series airplanes), which describe procedures for repetitive replacements of the yaw damper actuator installed on active position with a new or overhauled yaw damper actuator. The DGAC classified these service bulletins as mandatory and issued French airworthiness directives 1998-100-067(B) R2, dated May 19, 1999, and 98-104-083(B), dated February 25, 1998, 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 Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) 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 Proposed 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 proposed AD would require accomplishment of the actions specified in the service bulletins described previously. Interim Action This is considered to be interim action. The manufacturer has advised that it currently is developing a modification that will positively address the unsafe condition addressed by this AD. Once this modification is developed, approved, and available, the FAA may consider additional rulemaking. Cost Impact Currently, there are no Airbus Model A330-301, -321, -322 series airplanes, or Model A340-211, -212, -213, -311, -312, and -313 series airplanes on the U.S. Register. However, should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 2 work hours to accomplish the proposed replacement, at an average labor rate of $60 per work hour. The manufacturer has committed previously to its customers that it will bear the cost of replacement parts. As a result, the cost of those parts are not attributable to this proposed AD. Based on these figures, the cost impact of this proposed AD would be $120 per airplane, per replacement cycle. Regulatory Impact The regulations proposed herein would 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 proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that 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); and (3) if promulgated, 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 copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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: Airbus Industrie: Docket 99-NM-195-AD. Applicability: All Model A330-301, -321, and -322 series airplanes, and Model A340-211, -212, -213, -311, -312, and -313 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 hydraulic leakage from the yaw damper actuator which could lead to complete loss of the green hydraulic circuit, which could result in reduced controllability of the airplane, accomplish the following: Repetitive Replacement (a) Prior to the accumulation of 6,500 total flight hours, or within 500 flight hours after the effective date of this AD, whichever occurs later, replace the yaw damper actuator installed on active position with a new or overhauled yaw damper actuator in accordance with Airbus Service Bulletins A330-27-3055, Revision 01, dated July 1, 1998 (for Model A330 series airplanes); or A340-27- 4063, Revision 01, dated July 1, 1998 (for Model A340 series airplanes); as applicable. Thereafter, repeat the replacement at intervals not to exceed 6,500 flight hours. Note 2: Replacement of yaw dampers accomplished prior to the effective date of this AD in accordance with Airbus Service Bulletin A330-27-3055, dated August 26, 1997 (for Model A330 series airplanes), or Airbus Service Bulletin A340-27-4063, dated August 26, 1997 (for Model A340 series airplanes); as applicable; is an acceptable method of compliance for the initial replacement required by paragraph (a) of this AD. Alternative Methods of Compliance (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 [[Page 54799]] compliance with this AD, if any, may be obtained from the International Branch, ANM-116. Special Flight Permits (c) Special flight permits may be issued in accordance with Secs. 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. Note 4: The subject of this AD is addressed in French airworthiness directives 1998-100-067(B) R2, dated May 19, 1999, and 98-104-083(B), dated February 25, 1998. Issued in Renton, Washington, on October 4, 1999. D. L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 99-26279 Filed 10-7-99; 8:45 am] BILLING CODE 4910-13-P