[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Proposed Rules]
[Pages 15268-15271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6681]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-246-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 
repetitive inspections for evidence of corrosion and sheared attachment 
bolts of the sensor struts at flap track 4 on the left and right sides 
of the airplane; related investigative and corrective actions as 
necessary; and a terminating action for the repetitive inspections, by 
requiring the eventual replacement of all sensor struts with new, 
improved sensor struts that are less sensitive to corrosion. This 
action is necessary to prevent loss of the sensor strut function, 
resulting in the

[[Page 15269]]

inability to detect flap drive disconnection at flap track stations 4 
and 5, which could lead to separation of the outboard flap from the 
airplane, and consequent reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by April 26, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-246-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-246-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 or 2000 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; 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-246-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-246-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 it has received 
several reports of corroded sensor struts and sheared attachment bolts 
at flap track 4 on Model A330 series airplanes. Investigation revealed 
that corrosion of the sensor struts was due to wear of the protective 
surface. Further investigation revealed that the corroded sensor struts 
created friction with the piston rod, resulting in increased axial 
loads. The increased loads caused the shearing of the attachment bolts 
due to fatigue rupture. This condition, if not corrected, could result 
in loss of the sensor strut function, resulting in the inability to 
detect flap drive disconnection at flap track stations 4 and 5, which 
could lead to separation of the outboard flap from the airplane, and 
consequent reduced controllability of the airplane.
    The sensor strut system on Model A340-200 and -300 series airplanes 
is identical to that on the affected Model A330 series airplanes. 
Therefore, those Model A340-200 and -300 series airplanes may be 
subject to the same unsafe condition revealed on the Model A330 series 
airplanes.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletins A330-27-3091, Revision 03 (for 
Model A330 series airplanes); and A340-27-4097, Revision 03 (for Model 
A340-200 and -300 series airplanes); both dated January 16, 2004. These 
service bulletins describe procedures for:
     Repetitively inspecting (by applying hand force 
to the piston of the sensor struts) the sensor struts at flap track 4, 
on the left and right sides of the airplane, for evidence of corrosion 
and sheared attachment bolts.
     For certain airplanes, removing affected sensor 
struts and measuring the axial force, cleaning sensor strut assemblies, 
re-installing the sensors, and inspecting (checking) the adjacent 
structure and attachment elements for cracking and/or deformation.
     Contacting Airbus for repair information if 
cracking and/or deformation are found.
     Replacing affected sensor struts with a part 
number as listed in Paragraph 2.C of the applicable service bulletin, 
including part numbers listed in the ``Old Part No.'' column.
     Doing an operational test of the flap system 
after installation of any new sensor strut.
    Accomplishment of the actions specified in the applicable service 
bulletins is intended to adequately address the identified unsafe 
condition. The DGAC classified these service bulletins as mandatory and 
issued French airworthiness directives F-2003-425 and F-2003-426, both 
dated December 10, 2003, to ensure the continued airworthiness of these 
airplanes in France.
    Airbus has also issued Service Bulletins A330-27-3092 (for Model 
A330 series airplanes); and A340-27-4098 (for Model A340-200 and -300 
series airplanes); both dated February 14, 2003. These service 
bulletins describe procedures for replacing the existing sensor struts 
at flap track 4 on the left and right sides of the airplane with new, 
improved sensor struts having part number F5757492600000, that are less 
sensitive to corrosion; and testing the flap system after installation 
of new sensor struts.
    Accomplishment of these service bulletins eliminates the need for 
the repetitive inspections specified in Airbus Service Bulletins A330-
27-3091, Revision 03, and A340-27-4097, Revision 03.

[[Page 15270]]

    Airbus Service Bulletin A330-27-3092 recommends prior or concurrent 
accomplishment of Airbus Service Bulletin A330-27-3091. Airbus Service 
Bulletin A340-27-4098 recommends prior or concurrent accomplishment of 
Airbus Service Bulletin A340-27-4097.

FAA's Conclusions

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 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 AD

    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 applicable service bulletins described 
previously, except as discussed below. This proposed AD also would 
provide for terminating action for the repetitive inspections.

Differences Among the Service Bulletins, French Airworthiness 
Directive, and the Proposed AD

    Although Airbus Service Bulletins A330-27-3091, Revision 03, and 
A340-27-4097, Revision 03, specify to report inspection results to 
Airbus, this proposed AD does not require that action. We do not need 
this information from operators.
    These service bulletins also specify that operators may contact the 
manufacturer for disposition of certain repair conditions. This 
proposed AD would require operators to repair those conditions per a 
method approved by either us or the DGAC (or its delegated agent). In 
light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either us or the DGAC would be acceptable for compliance 
with this proposed AD.

Cost Impact

    We estimate that 9 Airbus Model A330 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed repetitive inspections, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the proposed 
inspections on U.S. operators is estimated to be $585, or $65 per 
airplane, per inspection cycle.
    If required, replacement of discrepant sensor struts and attachment 
bolts would take approximately 3 work hours, at an average labor rate 
of $65 per work hour. The cost for required parts would be nominal. 
Based on these figures, the cost impact of the proposed replacement of 
sensor struts is $195 per airplane.
    It would take approximately 2 work hours accomplish the 
installation of the new, improved sensor struts, at an average labor 
rate of $65 per work hour. The cost of required parts would be $8,400. 
Based on these figures, the cost impact of the proposed installation on 
U.S. operators is estimated to be $76,770, or $8,530 per airplane.
    The cost impact figures discussed above are 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. The manufacturer may cover the cost of 
replacement parts associated with this proposed AD, subject to warranty 
conditions.
    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 take approximately 
work hour per airplane to accomplish the proposed inspection, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the AD for Model A340 operators would be $65 per 
airplane.
    Should an Airbus Model A340 series airplane be imported and placed 
on the U.S. Register in the future and replace affected sensor struts 
and attachment bolts, it would take approximately 3 work hours, at an 
average labor rate of $65 per work hour. The cost for required parts 
would be nominal. Based on these figures, the cost impact of the 
proposed replacement of sensor struts is $195 per airplane.
    It would take approximately 2 work hours accomplish the 
installation of the new, improved sensor struts, at an average labor 
rate of $65 per work hour. The cost of required parts would be $8,400. 
Based on these figures, the cost impact of the proposed installation is 
estimated to be $8,530 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-246-AD.
    Applicability: Model A330 series airplanes; and Model A340-200 
and A340-300 series airplanes; certificated in any category; except

[[Page 15271]]

those airplanes on which one of the following has been incorporated: 
Airbus Modification 48579 in production; Airbus Service Bulletin 
A330-27-3092, dated February 14, 2003, in-service; or Airbus Service 
Bulletin A340-27-4098, dated February 14, 2003, in-service.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of the sensor strut function, resulting in the 
inability to detect flap drive disconnection at flap track stations 
4 and 5, which could lead to separation of the outboard flap from 
the airplane, and consequent reduced controllability of the 
airplane, accomplish the following:

Inspection

    (a) Within 2,800 flight hours or 18 months after the effective 
date of this AD, whichever occurs later: Do an inspection by 
applying hand force to the piston of the sensor struts and moving 
the sensor struts longitudinally, for evidence of corrosion in the 
sensor struts at flap track 4, on the left and right sides of the 
airplane, by doing all the applicable actions specified in the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3091, 
Revision 03 (for Model A330 series airplanes); or Service Bulletin 
A340-27-4097, Revision 03 (for Model A340-200 and -300 series 
airplanes); both dated January 16, 2004; as applicable. If the 
longitudinal travel range is 60.0mm (2.36 inches) or more: Repeat 
the inspection thereafter at intervals not to exceed 18 months, 
until the requirements of paragraph (d) of this AD are accomplished.

Related Investigative and Corrective Actions

    (b) If the result of the inspection required by paragraph (a) of 
this AD is a longitudinal travel range of less than 60.0mm (2.36 
inches): Before further flight, remove all affected sensor struts, 
and measure the axial force of any affected sensor struts, by doing 
all of the applicable actions per the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3091, Revision 03 (for Model A330 
series airplanes); or Service Bulletin A340-27-4097, Revision 03 
(for Model A340-200 and -300 series airplanes); both dated January 
16, 2004; as applicable.
    (1) If the axial force F is less than or equal to 50 daN (112.41 
lbf.): Clean and re-install the sensor struts per the Accomplishment 
Instructions of the applicable service bulletin. Repeat the 
inspection required by paragraph (a) of this AD thereafter at 
intervals not to exceed 18 months, until the requirements of 
paragraph (d) of this AD are accomplished.
    (2) If the axial force F is more than 50 daN (112.41 lbf.): 
Before further flight, do a detailed inspection for cracking and/or 
deformation of the adjacent structure and attachment parts per the 
Accomplishment Instructions of the applicable service bulletin
    (i) If no cracking and/or deformation is found: Within 25 flight 
cycles after the inspection required by paragraph (b) of this AD, 
replace the sensor struts and attachment bolts per the 
Accomplishment Instructions of the applicable service bulletin. 
Repeat the inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 18 months, until the 
requirements of paragraph (d) of this AD are accomplished.
    (ii) If any cracking and/or deformation is found: Before further 
flight, repair per a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its 
delegated agent); and replace the sensor struts and attachment bolts 
per the Accomplishment Instructions of the applicable service 
bulletin. Repeat the inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 18 months, until the 
requirements of paragraph (d) of this AD are accomplished.

    Note 1: 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.''

Concurrent Requirements

    (c) The actions required by paragraphs (a) and (b) of this AD 
must be done before or concurrently with the requirements of 
paragraph (d) of this AD. Replacement of any sensor strut with a 
sensor strut having part number (P/N) F5757492600000, during 
accomplishment of paragraph (b) of this AD, is acceptable for 
compliance with paragraph (d) of this AD, for that strut.

Terminating Action

    (d) Within 42 months after the effective date of this AD: 
Replace all existing sensor struts with new, improved sensor struts 
having P/N F5757492600000 per the Accomplishment Instructions of 
Airbus Service Bulletins A330-27-3092 (for Model A330 series 
airplanes); or A340-27-4098 (for Model A340-200 and -300 series 
airplanes); both dated February 14, 2003; as applicable. 
Accomplishment of this replacement constitutes terminating action 
for the repetitive inspections required by paragraphs (a) and (b) of 
this AD.

Credit for Actions Done per Previous Issue of Service Bulletins

    (e) Accomplishment of the specified actions before the effective 
date of this AD per Airbus Service Bulletin A330-27-3091, dated 
February 2, 2002; Revision 01, dated May 17, 2002; or Revision 02, 
dated September 5, 2002; or A340-27-4097, dated February 6, 2002; 
Revision 01, dated May 17, 2002; or Revision 02, dated September 5, 
2002; as applicable; is considered acceptable for compliance with 
the applicable requirements of paragraphs (a) and (b) of this AD.

Submission of Information Not Required

    (f) Although the service bulletins specify to send inspection 
results to the manufacturer, those actions are not required by this 
AD.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in French 
airworthiness directives F-2003-425 and F-2003-426, both dated 
December 10, 2003.


    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6681 Filed 3-24-04; 8:45 am]
BILLING CODE 4910-13-P