[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19650-19652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9567]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-350-AD; Amendment 39-12720; AD 2002-08-12]
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) that 
is applicable to certain Airbus Model A330 and A340 series airplanes. 
This action requires an inspection of the parking brake operated valve 
(PBOV) of the main landing gear to identify the part and serial 
numbers, and follow-on actions if necessary. This action provides for 
optional terminating action for the requirements of this AD. This 
action is necessary to prevent leakage of the PBOV and consequent 
failure of the ``blue'' hydraulic system, which could affect elements 
of the hydraulics for flaps, stabilizer, certain spoilers, elevator, 
rudder, and aileron. This action is intended to address the identified 
unsafe condition.

DATES: Effective May 8, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 8, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before May 23, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-350-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2001-NM-350-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056, telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A330 and A340 
series airplanes was published in the Federal Register on January 2, 
2002 (67 FR 31). That action proposed to require a one-time inspection 
of the parking brake operated valve (PBOV) of the main landing gear to 
identify the part and serial numbers, and follow-on actions if 
necessary.
    As stated in the proposed AD, the Direction Generale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, advised 
the FAA that PBOV leakage has been identified on certain Airbus Model 
A320 series airplanes. The same PBOV is installed on Airbus Model A330 
and A340 series airplanes. Hydraulic fluid leakage was found at the 
hydraulic connections and the vent hole of the valve. PBOV leakage, if 
not corrected, could result in failure of the ``blue'' hydraulic system 
and consequent failure of alternate parking brake and emergency braking 
systems. In addition, loss of the ``blue'' hydraulic system could 
affect elements of the hydraulics for flaps, stabilizer, certain 
spoilers, elevator, rudder, and aileron.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-32A3139 and A340-32A4176, 
both Revision 01, dated November 23, 2001. The service bulletins 
describe procedures for a one-time detailed visual inspection of the 
PBOV of the main landing gear to identify the part and serial numbers, 
and follow-on actions, if necessary. The service bulletins also 
describe procedures for modification or replacement of affected PBOVs, 
to be done if certain conditions are found during the inspection. 
Accomplishment of the actions described in the revised service 
bulletins is intended to adequately address the identified unsafe 
condition. The DGAC has mandated all of the actions (including the PBOV 
modification/replacement) described in these service bulletins, and 
issued French airworthiness directives 2001-516(B) R1 and 2001-517(B) 
R1, both dated February 6, 2002, to ensure the continued airworthiness 
of these airplanes in France.

FAA's Determination of Urgency of Unsafe Condition

    Since the proposed AD was issued, we have issued or will issue two 
similar ADs as immediately adopted rules--one applicable to Airbus 
Model A319, A320, and A321 series airplanes, and the other applicable 
to Airbus Model A300, A300-600, and A310 series airplanes. Because of 
the urgency of the unsafe condition identified in those ADs, and the 
similarity to the unsafe condition identified by this AD for Model A330 
and A340 series airplanes, we have determined that immediate adoption 
of this AD is also necessary.

Explanation of Change to this AD

    The DGAC has mandated that affected PBOVs be modified or replaced--
regardless of the inspection findings. The service bulletins recommend 
this action only if certain conditions are found, and allow the 
repetitive inspections to continue under certain circumstances. We find 
that failure to

[[Page 19651]]

modify or replace the PBOVs in a timely manner may not provide the 
degree of safety necessary for the affected airplanes. However, the 
planned compliance time to accomplish the modification/replacement is 
long enough to provide notice and opportunity for prior public comment. 
Paragraph (b) of this AD provides for that action as optional. We may 
issue further rulemaking later to require the modification/replacement 
action.

Comments on the Proposed AD

    Interested persons were given an opportunity to comment on the 
proposed AD. Due consideration has been given to the comments received.

Request to Extend Compliance Times

    One commenter, an operator, requests that the proposed AD be 
revised to extend the compliance time from 7 days to 30 days, and the 
repetitive inspection interval from 10 days to 30 days. The operator's 
current operating schedule for the fleet permits little ground time 
outside of scheduled A- or C-checks, and requests the revised schedule 
to minimize the disruption to the flight operations. The commenter 
states that the proposed compliance times would make it difficult to 
accomplish the actions without resulting in flight delays and possible 
cancellations.
    We do not concur. The commenter provides no specific basis for the 
anticipated difficulty in completing the actions within the proposed 
compliance times. For example, the commenter does not describe any 
potential problems with parts availability or the status of airplanes 
already inspected. The ability to accomplish the initial requirements 
during an overnight maintenance visit and the multiple options for 
follow-on actions should accommodate operators' scheduling needs. The 
compliance time remains the same as proposed.

Request to Cite Most Recent Service Bulletin

    One commenter (an operator of Model A330 series airplanes) requests 
that the proposed AD be revised to cite Airbus Service Bulletin A330-
32A3139, Revision 01, as the guidance for the AD requirements. (The 
original service bulletin was cited in the proposed AD.)
    We concur with the commenter's request. In addition, as stated 
previously, Airbus has issued Revision 01 of Airbus Service Bulletin 
A340-32A4176 (for Model A340 series airplanes). This AD cites Revision 
01 of these service bulletins as the appropriate source of service 
information; however, operators will receive credit for prior 
accomplishment of the actions according to the original service 
bulletin, as provided by Note 2 of this AD.

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 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept us informed of the 
situation described above. We have examined the DGAC's findings, 
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 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 leakage of the 
PBOV and consequent failure of the ``blue'' hydraulic system, which 
could affect elements of the hydraulics for flaps, stabilizer, certain 
spoilers, elevator, rudder, and aileron. This AD requires an inspection 
of the hydraulically operated valve of the parking brake of the main 
landing gear to identify the part and serial numbers, and follow-on 
actions if necessary. This AD provides for the optional modification of 
affected PBOVs, or their replacement with new parts, which would 
terminate the requirements of this AD. The actions are required to be 
accomplished in accordance with the revised service bulletins described 
previously.

Interim Action

    This is considered to be interim action. We are considering 
requiring the modification or replacement of affected PBOVs, which 
would terminate the requirements of this AD. However, the planned 
compliance time for the modification/replacement is sufficiently long 
so that notice and opportunity for prior public comment will be 
practicable.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an 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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 us 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 2001-NM-350-AD.'' The postcard will be date-stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

[[Page 19652]]

    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2002-08-12  Airbus Industrie: Amendment 39-12720. Docket 2001-NM-
350-AD.
    Applicability: Model A330 and A340 series airplanes as listed in 
Airbus Service Bulletin A330-32A3139 or A340-32A4176, both Revision 
01, dated November 23, 2001; 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 (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 leakage of the parking brake operated valve (PBOV) of 
the main landing gear and consequent failure of the ``blue'' 
hydraulic system, which could affect elements of the hydraulics for 
flaps, stabilizer, certain spoilers, elevator, rudder, and aileron, 
accomplish the following:

Inspections/Follow-On Actions

    (a) Within 7 days after the effective date of this AD: Do a one-
time detailed inspection to determine the part number (P/N) and 
serial number (S/N) of the PBOV of the main landing gear, according 
to Airbus Service Bulletin A330-32A3139 (for Model A330 series 
airplanes) or A340-32A4176 (for Model A340 series airplanes), both 
Revision 01, dated November 23, 2001; as applicable.
    (1) If no P/N or S/N is identified as affected equipment 
according to the applicable service bulletin, no further action is 
required by this AD.
    (2) If any P/N or S/N is identified as affected equipment 
according to the applicable service bulletin: Before further flight, 
perform the follow-on actions (which may include a visual inspection 
for hydraulic fluid leakage at the PBOV, repair or replacement of 
the PBOV with a new or serviceable part if leakage is found, and an 
operational test) according to the applicable service bulletin. If 
the affected PBOV is not replaced, or if the PBOV is replaced with a 
part having the same P/N or S/N, repeat the inspection thereafter at 
the time specified by and according to the service bulletin, as 
applicable, until the part is replaced.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Optional PBOV Modification/Replacement

    (b) Modification of affected PBOVs, or their replacement with 
new PBOVs, according to Airbus Service Bulletin A330-32A3139 (for 
Model A330 series airplanes) or A340-32A4176 (for Model A340 series 
airplanes), both Revision 01, dated November 23, 2001, as 
applicable, terminates the requirements of this AD.

    Note 3: Accomplishment of the actions before the effective date 
of this AD according to Airbus Service Bulletin A330-32A3139 or 
A340-32A4176, dated September 14, 2001, as applicable, is acceptable 
for compliance with the requirements of paragraphs (a) and (b) of 
this AD.

Alternative Methods of Compliance

    (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 4: 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

    (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.

Incorporation by Reference

    (e) The actions must be done in accordance with Airbus Service 
Bulletin A330-32A3139, Revision 01, including Appendix 01, dated 
November 23, 2001; or Airbus Service Bulletin A340-32A4176, Revision 
01, including Appendix 01, dated November 23, 2001; 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 5: The subject of this AD is addressed in French 
airworthiness directives 2001-516(B) R1 and 2001-517(B) R1, both 
dated February 6, 2002.

Effective Date

    (f) This amendment becomes effective on May 8, 2002.

    Issued in Renton, Washington, on April 12, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-9567 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-13-U