[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Proposed Rules]
[Pages 36119-36122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12948]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-398-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 adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A330 and A340 
series airplanes. This proposal would require revising the Limitations 
Section of the FAA-approved Airplane Flight Manual to ensure the 
flightcrew is advised of the proper procedures in the event of 
uncommanded movement of a spoiler during flight. Such uncommanded 
movement could result in reduced controllability of the airplane, and 
consequent significant increased fuel consumption during flight, which 
could necessitate an in-flight turn-back or diversion to an unscheduled 
airport destination. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by June 24, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-398-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. 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 fax or the Internet must 
contain ``Docket No. 2001-NM-398-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: 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:

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 action may be changed in 
light of the comments received.
    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 proposed 
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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-398-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. 2001-NM-398-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 certain Airbus Model A330 and A340 series 
airplanes equipped with any spoiler servo control having part number 
(P/N) 1386A0000-01 or 1386B0000-01, or P/N 1387A0000-01 or 1387B0000-
01. The DGAC advises that it has received several reports of incidents 
where a spoiler servo control was not locked in the retracted position 
during flight. These failures were caused by the loosening of an insert 
screw in the pressure relief valve located in the spoiler servo 
control. The DGAC attributes this defect to the assembly process of the 
pressure relief valve. A loose insert screw in the pressure relief 
valve, if not corrected, could prevent the servo control of that 
spoiler from locking in the retracted position and cause uncommanded 
movement of the spoiler during flight. Such uncommanded movement could 
result in reduced controllability of the

[[Page 36120]]

airplane, and consequent increase in fuel consumption during flight, 
which could result in an in-flight turn-back or diversion to an 
unscheduled airport destination.

FAA's Conclusions

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
 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 these type designs 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 designs registered 
in the United States, the proposed AD would require revising the 
Limitations Section of the of the FAA-approved Airplane Flight Manual 
(AFM) to ensure the flightcrew is advised of in-flight procedures in 
the event of uncommanded movement of the spoiler during flight.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    The FAA estimates that 5 Model A330 and A340 series airplanes of 
U.S. registry would be affected by this proposed AD, that it would take 
approximately 1 work hour per airplane to accomplish the proposed AFM 
revision, and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $300, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 1 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.


 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus: Docket 2001-NM-398-AD.

    Applicability: Model A330 and A340 series airplanes, 
certificated in any category; equipped with any spoiler servo 
control (SSC) having part number (P/N) 1386A0000-01 or 1386B0000-01, 
or P/N 1387A0000-01 or 1387B0000-01.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure the flightcrew is advised of the proper procedures in 
the event of uncommanded movement of a spoiler during flight, which 
could result in reduced controllability of the airplane and 
consequent significant increased fuel consumption during flight, and 
could result in an in-flight turn-back or diversion to an 
unscheduled airport destination, accomplish the following:

Revision to Airplane Flight Manual (AFM)

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) by including the procedures listed in Figure 1 of this AD. 
This revision may be done by inserting a copy of Figure 1 into the 
AFM.

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[GRAPHIC] [TIFF OMITTED] TP23MY02.066

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    Note 1: When the procedure in paragraph (a) of this AD has been 
incorporated into the FAA-approved general revisions of the AFM, the 
general revisions may be incorporated into the AFM, provided the 
statement in this AD and the general revisions are identical.

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This AD may then be removed from the AFM.

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. 
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 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

    (c) Special flight permits may be issued in accordance with 
 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 2001-608(B) and 2001-609(B), both dated 
December 12, 2001.


    Issued in Renton, Washington, on May 15, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-12948 Filed 5-22-02; 8:45 am]
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