[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Proposed Rules]
[Pages 7181-7183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3205]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-111-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330, A340-200, and A340-
300 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, A340-
200, and A340-300 series airplanes. This proposal would require 
replacement of flap rotary actuators with modified flap rotary 
actuators. This action is necessary to prevent fatigue failure of the 
rotary actuator lever for the flaps, which could result in loss of the 
flap surface and consequent reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by March 15, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport

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Airplane Directorate, ANM-114, Attention: Rules Docket No. 2003-NM-111-
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. 2003-NM-111-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, 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 2003-NM-111-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. 2003-NM-111-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 airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on certain Airbus Model A330, A340-200, 
and A340-300 series airplanes. The DGAC advises that corrosion in 
splines has been observed on a certain number of flap rotary actuators, 
Types A and B, part number 6975XXXXX (where XXXXX is any part number), 
returned after service. An improved protection of the splines was 
introduced without success on in-service actuators. The corrosion, 
which reduces the fatigue strength, is due to the loss of the surface 
protection following axial and radial movements between the end cover 
and the splines of the lever under operational loads.
    The flap control system is ensured by two load paths. In case of 
loss of the first load path, which could occur subsequent to a rupture 
of the rotary actuator lever, the loads would be transferred to the 
second load path. The loss of the second load path might follow due to 
the transfer of the loads on the possibly corroded second flap rotary 
actuator.
    Corrosion in splines, if not corrected, could result in fatigue 
failure of the rotary actuator lever for the flaps, which could result 
in loss of the flap surface and consequent reduced controllability of 
the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-27-3106 and A340-27-4111, 
both dated February 18, 2003, which describe procedures for replacement 
of flap rotary actuators with modified flap rotary actuators. 
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 and issued French 
airworthiness directives 2003-140(B), dated April 2, 2003, and 2003-
141(B), dated April 2, 2003, in order to assure the continued 
airworthiness of these airplanes in France.

Secondary Service Information References

    Airbus Service Bulletins A330-27-3106 and A340-27-4111 reference 
Liebherr-Aerospace Lindenberg GmbH Service Bulletins 697510-27-02 and 
697511-27-02, both dated February 21, 2003, as additional sources of 
service information for accomplishment of the replacement.

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 accomplishment of 
the actions specified in the Airbus service bulletins described 
previously.

Cost Impact

    The FAA estimates that nine airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 45 work 
hours per airplane to accomplish the proposed replacement, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $35,000 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$341,325, or $37,925 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of

[[Page 7183]]

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.

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 2003-NM-111-AD.

    Applicability: Model A330, A340-200, and A340-300 series 
airplanes; except for those on which Airbus Modification 50044 has 
been accomplished in production, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue failure of the rotary actuator lever for the 
flaps, which could result in loss of the flap surface and consequent 
reduced controllability of the airplane, accomplish the following:

Replacement

    (a) Replace the flap rotary actuators with modified flap rotary 
actuators in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin (SB) A340-27-4111, dated February 18, 2003 
(for Model A340 -200 and -300 series airplanes); or Airbus SB A330-
27-3106, dated February 18, 2003 (for Model A330 series airplanes); 
as applicable. Do the replacement at the later of the times 
specified in paragraphs (a)(1) and (a)(2) of this AD.
    (1) Prior to the accumulation of 18,000 total flight cycles.
    (2) Within 12 years since the date of issuance of the original 
Airworthiness Certificate, or within 12 years since the date of 
issuance of the Export Certificate of Airworthiness, whichever 
occurs first.

    Note 1: Airbus Service Bulletins A330-27-3106 and A340-27-4111 
reference Liebherr-Aerospace Lindenberg GmbH Service Bulletins 
697510-27-02 and 697511-27-02, both dated February 21, 2003, as 
additional sources of service information for accomplishment of the 
replacement.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance (AMOCs) for this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directives 2003-140(B), dated April 2, 2003, and 2003-
141(B), dated April 2, 2003.


    Issued in Renton, Washington, on February 5, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3205 Filed 2-12-04; 8:45 am]
BILLING CODE 4910-13-P