[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Proposed Rules]
[Pages 16225-16227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-02-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 all Airbus Model A330 and A340 
series airplanes. This proposal would require revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate life limits for the servo-controls located 
on the ailerons and replacement of the servo-controls with new servo-
controls when they have reached their operational life limits. This 
action is necessary to prevent hydraulic leakage and failure of the 
servo-controls due to cracks in the end caps and along the barrel, 
which could result in loss of the ailerons and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by May 5, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-02-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-02-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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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 2002-NM-02-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-02-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the

[[Page 16226]]

airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on all Airbus A330 and A340 series airplanes. The 
DGAC advises that the operational life limits for the servo-controls 
located on the ailerons, which are listed in Revision 8, chapter 05-11-
00, configuration 1, of the Aircraft Maintenance Manual (AMM), dated 
September 15, 1999, are not addressed by section 9 of the Airworthiness 
Limitations Section (ALS), which replaces chapter 05-11-00 of the AMM. 
When the servo-controls have reached their operational life limits, it 
is necessary to remove and replace them with new servo-controls to 
prevent hydraulic leakage and failure due to cracks in the end caps and 
along the barrel, which could result in loss of the ailerons and 
consequent reduced controllability of the airplane.

Explanation of Action Taken by the DGAC

    The DGAC issued French airworthiness directives 2001-529(B) and 
2001-530(B), both dated November 14, 2001, to require operational life 
limits for the inboard and outboard aileron servo-controls operating in 
the active mode. The French airworthiness directives also require the 
replacement of the servo-controls with new servo-controls when the 
operational life limits have been reached.

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 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 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 require a revision to the 
ALS of the Instructions for Continued Airworthiness to incorporate life 
limits for servo-controls located in the ailerons and replacement of 
the servo-controls with new servo-controls when the operational life 
limits have been reached.

Clarification of Compliance Time

    French airworthiness directives 2001-529(B) and 2001-530(B) both 
include a note that provides a formula for calculating the remaining 
life (in the present configuration) for parts that have been used in 
several airplane models or type configurations. This proposed AD 
mirrors the compliance times specified in paragraphs (A) and (B) of the 
French airworthiness directives, but does not provide the formula 
specified in the note of the French airworthiness directives. However, 
we would consider a request for approval to use the specified formula, 
under the provisions of paragraph (d) of this proposed AD, provided 
that appropriate substantiating data accompany the request.

Cost Impact

    The FAA estimates that 9 Model A330 series airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 5 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would be provided to the operators at no cost. Based on these 
figures, the cost impact of the proposed AD on U.S. operators of Model 
A330 series airplanes is estimated to be $2,700, or $300 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 proposed 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.
    Currently, there are no Airbus Model A340 series airplanes on the 
U.S. Register. However, should an affected airplane be imported and 
placed on the U.S. Register in the future, it would require 
approximately 5 work hours to accomplish the proposed actions, at an 
average labor rate of $60 per work hour. Required parts would be 
provided to the operators at no cost. Based on these figures, the cost 
impact of this AD for Model A340 operators would be $300 per airplane.

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 2002-NM-02-AD.

    Applicability: All Model A330 and A340 series airplanes, 
certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR Part 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by these inspections, the operator may not be 
able to accomplish the inspections described in the revisions. In 
this situation, to comply with 14 CFR part 91.403(c), the operator 
must request approval for an alternative method of compliance in 
accordance with paragraph (d) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued damage tolerance of the affected structure. The 
FAA has provided

[[Page 16227]]

guidance for this determination in Advisory Circular (AC) 25-1529.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent hydraulic leakage and failure of the servo-controls 
located on the ailerons due to cracks in the end caps and along the 
barrel, which could result in loss of the ailerons and consequent 
reduced controllability of the airplane, accomplish the following:
    Airworthiness Limitations Revision and Replacement of Servo-
Control Units
    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by inserting a copy of this AD into the ALS.
    (b) Replace the servo-control units operating in the active mode 
at the times specified in the following table, counted from the date 
of initial installation on the airplane, as applicable:

                                 Table--Part Numbers and Replacement Life Limits
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                                             Replace servo-controls
                                           having the following part
               For model--                   numbers with new parts                  Replace before
                                              having the same part
                                                    numbers:
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(1) A330 series airplanes...............  (i) 3337457-21, -22, and -   6,000 flight hours.
                                           23 (inboard).
                                          (ii) 3337457-25, -26, and -  18,000 flight hours.
                                           27 (inboard).
                                          (iii) 3337457-30, -31, -34,  21,000 flight cycles or 32,000 flight
                                           -35, -36, -37, and -38       hours, whichever occurs first.
                                           (inboard).
                                          (iv) 3337457-59 and -60      60,000 flight hours. This is a temporary
                                           (inboard).                   and life limit; if the operator wants to
                                                                        use the parts beyond 60,000 flight hours
                                                                        the accumulated flight hours of the
                                                                        parts since their origin must be tracked
                                                                        and a request submitted for an
                                                                        alternative method of compliance in
                                                                        accordance with paragraph (d) of this
                                                                        AD.
                                          (v) 3337458-30, -31, -34, -  21,000 flight cycles or 32,000 flight
                                           35, -36, -37, and -38        hours, whichever occurs first.
                                           (outboard).
                                          (vi) 3337458-59 and -60      60,000 flight hours. This is a temporary
                                           (outboard).                  life limit; if the operator wants to use
                                                                        the parts beyond 60,000 flight hours the
                                                                        accumulated flight hours of the parts
                                                                        since their origin must be tracked and a
                                                                        request submitted for an alternative
                                                                        method of compliance in accordance with
                                                                        paragraph (d) of this AD.
(2) A340 series airplanes...............  (i) 3337457-21, -22, and -   9,000 flight hours.
                                           23 (inboard).
                                          (ii) 3337457-25, -26, and -  27,000 flight hours.
                                           27 (inboard).
                                          (iii) 3337457-30, -31, -34,  16,400 flight cycles or 65,600 flight
                                           -35, -36, -37, and -38       hours, whichever occurs first.
                                           (inboard).
                                          (iv) 3337457-59 and -60      80,000 flight hours. This is a temporary
                                           (inboard).                   and life limit; if the operator wants to
                                                                        use the parts beyond 80,000 flight hours
                                                                        the accumulated flight hours of the
                                                                        parts since their origin must be tracked
                                                                        and a request submitted for an
                                                                        alternative method of compliance in
                                                                        accordance with paragraph (d) of this
                                                                        AD.
                                          (v) 3337458-30, -31, -34, -  16,400 flight cycles or 65,600 flight
                                           35, -36, -37, and -38        hours, whichever occurs first.
                                           (outboard).
                                          (vi) 3337458-59 and -60      80,000 flight hours. This is a temporary
                                           (outboard).                  and life limit and if the operator wants
                                                                        to use the parts beyond 80,000 flight
                                                                        hours must track the accumulated flight
                                                                        hours of the parts since their origin
                                                                        and request approval for an alternative
                                                                        method of compliance in accordance with
                                                                        paragraph (d) of this AD.
----------------------------------------------------------------------------------------------------------------

    (c) Except as provided by paragraph (d) of this AD: After the 
actions specified in paragraphs (a) and (b) of this AD have been 
accomplished, no alternative life limits may be approved for the 
components specified in paragraph (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, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Operations 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

    (e) Special flight permits may be issued in accordance with 
Sec. 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 2001-529(B) and 2001-530(B), both dated 
November 14, 2001.


    Issued in Renton, Washington, on March 28, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-8065 Filed 4-2-03; 8:45 am]
BILLING CODE 4910-13-P