[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Proposed Rules]
[Pages 302-305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-142-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration, (DOT).

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Airbus Model A330 and A340 series 
airplanes, that would have required modification of the down drive 
brackets of the left- and right-hand sides of the inboard flap track 1 
assembly and installation of bigger bolts and washers. This new action 
revises the proposed AD by expanding the applicability and, for certain 
airplanes, adding improved

[[Page 303]]

torque requirements specifying the correct torque value of the nuts. 
The actions specified by this new proposed AD are intended to prevent 
failure of the bolts due to flexural loads caused by transmission jam 
loading, which could lead to a ``flap-locked'' condition, causing 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by January 28, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-142-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-142-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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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-142-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-142-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Airbus Model A330 and A340 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on October 
4, 2001 (66 FR 50580). That NPRM would have required modification of 
the down drive brackets of the left- and right-hand sides of the 
inboard flap track 1 assembly and installation of bigger bolts and 
washers. That NPRM was prompted by a report that, for certain airplanes 
on which Airbus Modification 45326 has been accomplished, the strength 
of the connection bolts at the down drive bracket of the track 1 
assembly on the inboard flap is not sufficient. Failure of the bolts 
due to flexural loads caused by transmission jam loading, if not 
corrected, could lead to a ``flap-locked'' condition, causing reduced 
controllability of the airplane.

Comments

    Due consideration has been given to the comments received in 
response to the original NPRM.

Request to Reference A Revised Service Bulletin

    One commenter requests that the original NPRM be revised to 
reference Airbus Service Bulletin A330-57-3067, Revision 02, dated 
February 2, 2002 (for Model A330 series airplanes), which increases 
hole tolerances, and corrects improper nut torque conversions. The 
commenter states that the existing tolerances in Revision 01 of the 
service bulletin are not obtainable when reaming the existing 
production fastener holes on an affected airplane.
    The FAA partially agrees. Since issuance of the original NPRM, the 
Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is 
the airworthiness authority for France, has issued French airworthiness 
directives 2002-368(B) (for Model A330 series airplanes), and 2002-
369(B) (for Model A340 series airplanes); both dated August 7, 2002. 
These French airworthiness directives replace French airworthiness 
directives 2001-125(B) (for Model A330 series airplanes), and 2001-
123(B) (for Model A340 series airplanes); both dated April 4, 2001; 
respectively (which were referenced in the original NPRM).
    French airworthiness directive 2002-368(B) states that a conversion 
error with regard to applied torque values (metric units to U.S. 
Customary Units) specified in Airbus Service Bulletin A330-57-3067, 
dated October 12, 2000; and Revision 01, dated April 10, 2001; has been 
identified. This error might lead the operators using U.S. Customary 
Units to apply a torque value being less than those required, which 
could lead to a loose nut. Revision 02 of the service bulletin, dated 
February 2, 2002, takes into account the right torque values, but does 
not mention additional work that is necessary. The applicability of 
this French airworthiness directive has also been revised to include 
additional airplanes on which these improper procedures may have been 
done.
    French airworthiness directive 2002-369(B) states that an identical 
conversion error with regard to applied torque values has also been 
identified in Airbus Service Bulletin A340-57-4075, dated October 12, 
2000; and Revision 01, dated April 10, 2001. The applicability of that 
French airworthiness directive has also been revised to include 
additional airplanes on which these improper procedures may have been 
done.
    Airbus has issued Service Bulletin A330-57-3067, Revision 03, dated

[[Page 304]]

August 7, 2002 (for Model A330 series airplanes); and Service Bulletin 
A340-57-4075, Revision 02, dated August 7, 2002 (for Model A340 series 
airplanes). These service bulletins describe procedures for, among 
other things, modifying the down drive brackets of the left- and right-
hand inboard flap track 1 assembly; re-identifying the tracks; 
installing bigger bolts and washers to improve the strength of the 
connection at the down drive brackets; and testing the torque value of 
the nuts.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The 
DGAC classified these service bulletins as mandatory in order to assure 
the continued airworthiness of these airplanes in France.
    Therefore, we have revised this supplemental NPRM to reference 
these service bulletins as the appropriate sources of service 
information for accomplishing the proposed actions. We have also 
revised the applicability of the supplemental NPRM to include the 
additional airplanes listed in the French airworthiness directives.

Conclusion

    Since these changes expands the scope of the originally proposed 
rule, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    The FAA estimates that 9 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 13 work 
hours per airplane to accomplish the proposed modifications and 
installations, 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 $7,020, or $780 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 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 adding the following new 
airworthiness directive:

Airbus: Docket 2001-NM-142-AD.

    Applicability: The airplanes specified in Table 1 of this AD, 
certificated in any category. Table 1 is as follows:

                         Table 1.--Applicability
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                                    Which have
             Model                  received--     Excluding airplanes--
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A330 series airplanes.........  Airbus             Modified in
                                 Modification       production per
                                 45326 in           Airbus Modification
                                 production.        47619, or modified
                                                    in service per
                                                    Airbus Service
                                                    Bulletin A330-57-
                                                    3067, Revision 03,
                                                    dated August 7,
                                                    2002.
A340 series airplanes.........  Airbus             Modified in
                                 Modification       production per
                                 45326 in           Airbus Modification
                                 production.        47619, or modified
                                                    in service per
                                                    Airbus Service
                                                    Bulletin A340-57-
                                                    4075, Revision 02,
                                                    dated August 7,
                                                    2002.
------------------------------------------------------------------------


    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 (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 failure of the bolts due to flexural loads caused by 
transmission jam loading, which could lead to a ``flap-locked'' 
condition, causing reduced controllability of the airplane, 
accomplish the following:

Modification and Testing

    (a) At the times specified in Table 2 of this AD, modify the 
down drive brackets of the left- and right-hand inboard flap track 1 
assembly and test the torque value of the nuts by accomplishing all 
actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A330-57-3067, Revision 03, dated August 7, 2002 
(for Model A330 series airplanes); or Airbus Service Bulletin A340-
57-4075, Revision 02, dated August 7, 2002 (for Model A340 series 
airplanes); as applicable. Table 2 is as follows:

[[Page 305]]



                                            Table 2.--Compliance Time
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          Compliance time                     Action                     For model               On which--
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(1) Within 36 months since date of  (i) Modify................  A330 series airplanes.....  Airbus Service
 manufacture of the airplane, or                                                             Bulletin A330-57-
 within 6 months from the                                                                    3067, dated October
 effective date of this AD,                                                                  12, 2000; Revision
 whichever occurs Later.                                                                     01, dated April 10,
                                                                                             2001; or Revision
                                                                                             02, dated February
                                                                                             2, 2002; has not
                                                                                             been done.
                                    (ii) Modify...............  A340 series airplanes.....  Airbus Service
                                                                                             Bulletin A340-57-
                                                                                             4075, dated October
                                                                                             12, 2000; or
                                                                                             Revision 01, dated
                                                                                             April 10, 2001; has
                                                                                             not been done.
(2) Within 700 flight hours from    (i) Modify................  A330 series airplanes.....  Airbus Service
 the effective date of this AD.                                                              Bulletin A330-57-
                                                                                             3067, dated October
                                                                                             12, 2000; Revision
                                                                                             01, dated April 10,
                                                                                             2001; has been done
                                                                                             using U.S.
                                                                                             Customary Units.
                                    (ii) Test.................  4A330 series airplanes....  Airbus Service
                                                                                             Bulletin A340-57-
                                                                                             4075, dated October
                                                                                             12, 2000; or
                                                                                             Revision 01, dated
                                                                                             April 10, 2001; has
                                                                                             been done using
                                                                                             U.S. Customary
                                                                                             Unit.
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Parts Installation

    (b) As of the effective date of this AD, no person shall 
install, on any airplane inboard flap track I assembly unless it has 
been modified and its associated nuts have been torqued in 
accordance with 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 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

    (d) Special flight permits may be issued in accordance with 
Sec.  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 2002-368(B) (for Model A330 series 
airplanes), and 2002-369(B) (for Model A340 series airplanes); both 
dated August 7, 2002.


    Issued in Renton, Washington, on December 24, 2002.
Charles D. Huber,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28 Filed 1-2-03; 8:45 am]
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