[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Proposed Rules]
[Pages 69674-69676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32370]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / 
Proposed Rules  

[[Page 69674]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-185-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A330 
and A340 series airplanes, that currently 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 action would require replacement 
of existing flight control primary computers (FCPC) with improved 
FCPC's, which would terminate the repetitive operational tests. This 
proposal is prompted by the issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by this proposal are intended to prevent 
uncommanded movement of the THS, which could result in reduced 
controllability of the airplane.

DATES: Comments must be received by January 13, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-185-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    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.

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-185-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-185-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 31, 1997, the FAA issued AD 98-01-15, amendment 39-
10277 (63 FR 1909, January 13, 1998), applicable to certain Airbus 
Model A330 and A340 series airplanes, to require 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. That action was prompted by the issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The requirements of that AD are intended to 
prevent uncommanded movement of the trimmable horizontal stabilizer 
(THS) in the event of a failure of the manual override switch in the 
open position and the THS control wheel 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.

Actions Since Issuance of Previous Rule

    In the preamble to AD 98-01-15, the FAA indicated that the actions 
required by that AD were considered ``interim action'' until final 
action was identified, at which time further rulemaking action would be 
considered. The FAA now has determined that further rulemaking action 
is indeed necessary to require replacement of certain Aerospatiale 
flight control primary computers (FCPC) with improved Aerospatiale 
FCPC's, which would constitute terminating action for the repetitive 
operational tests of the override mechanism of the THS. This proposed 
AD follows from that determination and allows opportunity for public 
comment.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A330-27-3056, Revision 01, dated 
May 5, 1998 (for Model A330 series airplanes), and Service Bulletin 
A340-27-4061, Revision 02, dated May 5, 1998 (for Model A340 series 
airplanes). These service bulletins provide information on replacement 
of FCPC's with improved FCPC's of computer standard L14 having a new 
part number. The service bulletins also provide instructions on 
modification of FCPC's to the new standard by replacement or 
reprogramming of the FCPC on-board replacement modules (OBRM), and 
subsequent change of the FCPC part number to the new part number. The

[[Page 69675]]

Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, classified these service bulletins 
as mandatory and issued French airworthiness directives 98-124-069(B) 
and 98-126-085(B), both dated March 11, 1998, in order to ensure the 
continued airworthiness of these airplanes in France.
    Airbus has developed production modification 45631 (for Model A330 
series airplanes) and production modification 45485 (for Model A340 
series airplanes). These modifications involve the installation of 
improved FCPC's on these airplanes during production, which would 
eliminate the need for the repetitive operational tests of the override 
mechanism of the THS.

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 supersede AD 98-01-15 to 
continue to require 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. 
The proposed AD would add a new requirement for replacement of all 
FCPC's with improved FCPC's, which would constitute terminating action 
for the repetitive operational tests of the override mechanism of the 
THS described previously. The replacement would be required to be 
accomplished in accordance with Airbus Service Bulletin A330-27-3056, 
Revision 01, dated May 5, 1998 (for Model A330 series airplanes), and 
Airbus Service Bulletin A340-27-4061, Revision 02, dated May 5, 1998, 
described previously.

Differences Between Proposed Rule and Foreign AD

    The proposed AD would differ from the parallel French airworthiness 
directive in that the proposed AD would not require replacement of the 
flight control secondary computers. The DGAC does require such 
replacement; however, that action addresses a different unsafe 
condition from that identified in this proposed AD. The FAA will 
address this different unsafe condition in separate action, as 
necessary.

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 operational test required by AD 98-01-15, and retained 
in this proposed AD, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the operational test on U.S. 
operators is estimated to be $60 per airplane, per test cycle.
    It would require approximately 2 work hours to accomplish the FCPC 
replacements (or 9 work hours if the FCPC on-board replacement modules 
have been replaced or reprogrammed), at an average labor rate of $60 
per work hour. Required parts would be provided to the operator at no 
charge. Based on these figures, the cost impact of the FCPC 
replacements proposed by this AD on U.S. operators would be $120 or 
$540 per airplane.
    Accomplishment of the FCPC replacements proposed by this AD would 
allow operators to terminate the repetitive operational tests required 
by AD 98-01-15, thereby offsetting the cost of the actions proposed by 
this AD.

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 removing amendment 39-10277 (63 FR 
1909, January 13, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 99-NM-185-AD. Supersedes AD 98-01-15, 
Amendment 39-10277.

    Applicability: The following airplanes, certificated in any 
category, equipped with Aerospatiale Flight Control Primary Computer 
(FCPC), part number (P/N) LA2K01500190000:


     Model A330-301, -321, -322, -341, and -342 series 
airplanes; excluding those on which Aerospatiale FCPC's, P/N 
LA2K01500210000 (Airbus Modification 45631), have been installed.
     Model A340-211, -212, -213, -311, -312, and -313 series 
airplanes; excluding those on which Aerospatiale FCPC's, P/N 
LA2K01500210000 (Airbus Modification 45485), have been installed.


[[Page 69676]]


    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 (d) 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:

Restatement of Requirements of            AD 98-01-15

    (a) Within 500 flight hours after January 28, 1998 (the 
effective date of AD 98-01-15, amendment 39-10277), 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 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 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.

New Requirements of This AD

    (b) Within 15 months after the effective date of this AD, 
accomplish the actions specified by either paragraph (b)(1) or 
paragraph (b)(2) of this AD, in accordance with Airbus Service 
Bulletin A330-27-3056, Revision 01, dated May 5, 1998 (for Model 
A330 series airplanes), or Service Bulletin A340-27-4061, Revision 
02, dated May 5, 1998 (for Model A340 series airplanes); as 
applicable.
    (1) Replace three Flight Control Primary Computers (FCPC) (2CE1, 
2CE2, and 2CE3), P/N LA2K01500190000, with new FCPCs, P/N 
LA2K01500210000; in accordance with the applicable service bulletin. 
Such replacement constitutes terminating action for the requirements 
of paragraph (a) of this AD.
    (2) Replace the on-board replaceable module (OBRM) of the three 
FCPCs (2CE1, 2CE2, and 2CE3), P/N LA2K01500190000, with OBRMs that 
have been modified by converting FCPC P/N's to LA2K01500210000 in 
accordance with the applicable service bulletin. Such replacement 
constitutes terminating action for the requirements of paragraph (a) 
of this AD.

Spares

    (c) As of the effective date of this AD, no person shall install 
on any airplane an FCPC, P/N LA2K01500190000.

Alternative Methods of Compliance

    (d) 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 Operations Inspector 
or Principal Avionics Inspector or 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.

Special Flight Permits

    (e) 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 3: The subject of this AD is addressed in French 
airworthiness directives 98-124-069(B) (for Model A330 series 
airplanes) and 98-126-085(B) (for Model A340 series airplanes), both 
dated March 11, 1998.

    Issued in Renton, Washington, on December 8, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-32370 Filed 12-13-99; 8:45 am]
BILLING CODE 4910-13-U