[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Proposed Rules]
[Pages 53523-53525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20712]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-67-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 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. That AD also provides for optional terminating action for 
the requirements of the AD. This action would require accomplishment of 
the previously optional terminating action. The actions specified by 
the proposed AD are intended to prevent leakage of the PBOV and 
consequent failure of the ``blue'' hydraulic system and alternate 
parking brake and emergency braking systems, 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: Comments must be received by September 16, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-67-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. 2002-NM-67-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 2002-NM-67-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. 2002-NM-67-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 53524]]

Discussion

    On April 12, 2002, the FAA issued AD 2002-08-12, amendment 39-12720 
(67 FR 19650, April 23, 2002), applicable to certain Airbus Model A330 
and A340 series airplanes, to require 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. AD 2002-
08-12 also provides for optional terminating action (modification of 
affected PBOVs or their replacement with new PBOVs) for the 
requirements of the AD. That action was prompted by reports of PBOV 
leakage on certain Airbus Model A320 series airplanes. That same PBOV 
is installed on Airbus Model A330 and A340 series airplanes. The 
requirements of that AD are intended to prevent PBOV leakage, which 
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.

Actions Since Issuance of Previous Rule

    In the preamble to AD 2002-08-12, the FAA indicated that the 
actions required by that AD were considered ``interim action'' and that 
further rulemaking action was being considered. The FAA now has 
determined that further rulemaking action is indeed necessary, and this 
proposed AD follows from that determination.

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 Direction G[eacute]n[eacute]rale 
de l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, 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 2002-08-12 to 
continue to require an inspection of the main landing gear PBOV to 
identify the part and serial numbers, and follow-on actions if 
necessary. The proposed AD would also require the previously optional 
terminating action (modification of affected PBOVs or their replacement 
with new PBOVs), which would terminate the requirements of this 
proposed AD. The actions would be required to be accomplished in 
accordance with the service bulletins described previously (Airbus 
Service Bulletins A330-32A3139 and A340-32A4176, both Revision 01, 
dated November 23, 2001), except as discussed below.

Cost Impact

    There are approximately 9 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The inspection that is currently required by AD 2002-08-12, and 
retained in this AD, takes approximately 2 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions is 
estimated to be $120 per airplane.
    The new modification/replacement that would be required by this 
proposed AD would take approximately 4 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the proposed requirements of this AD 
on U.S. operators is estimated to be $2,160, or $240 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 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 39-12720 (67 FR 
19650, April 23, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2002-NM-67-AD. Supersedes AD 2002-08-12, Amendment 
39-12720.

    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 (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.



[[Page 53525]]


    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent leakage of the parking brake operated valve (PBOV) 
and consequent failure of the ``blue'' hydraulic system and 
alternate parking brake and emergency braking systems, which could 
affect elements of the hydraulics for flaps, stabilizer, certain 
spoilers, elevator, rudder, and aileron, accomplish the following:

Restatement of Requirements of AD 2002-08-12, Amendment 39-12720

Inspections/Follow-On Actions

    (a) Within 7 days after May 8, 2002 (the effective date of AD 
2002-08-12): 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.''

New Requirements of this AD

PBOV Modification/Replacement

    (b) Within 10 months after the effective date of this AD: Modify 
affected PBOVs, or replace them 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. This modification terminates 
the requirements of this AD.
    (c) 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

    (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 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 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 4: 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.


    Issued in Renton, Washington, on August 9, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20712 Filed 8-15-02; 8:45 am]
BILLING CODE 4910-13-P