[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53478-53480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20512]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-398-AD; Amendment 39-12851; AD 2002-16-12]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A330 and A340 series airplanes, that 
requires 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: Effective September 20, 2002.

ADDRESSES: Information pertaining to this amendment may be examined at 
the Federal Aviation Administration (FAA), Transport Airplane 
Directorate, Rules Docket, 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: 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 May 23, 2002 
(67 FR 36119). That action proposed to require revising the Limitations 
Section of the FAA-approved Airplane Flight Manual (AFM) to ensure the 
flightcrew is advised of the proper procedures in the event of 
uncommanded movement of a spoiler during flight.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule as proposed.

Cost Impact

    The FAA estimates that 5 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required AFM revision, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the 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 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 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.
    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, 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:

2002-16-12  Airbus: Amendment 39-12851. Docket 2001-NM-398-AD.

    Applicability: Model A330 and A340 series airplanes, 
certificated in any category; equipped with any spoiler servo 
control 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 AFM by including the 
procedures listed in Figure 1 of this AD. This revision may be done 
by inserting a copy of the following Figure 1 into the AFM:
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    Note 1: When the statement 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 is identical. 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, FAA. 
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 
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 2001-608(B) and 2001-609(B), both dated 
December 12, 2001.

Effective Date

    (d) This amendment becomes effective on September 20, 2002.

    Issued in Renton, Washington, on August 7, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20512 Filed 8-15-02; 8:45 am]
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