[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17091-17095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7356]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-228-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 revising the 
Limitations Section of the airplane flight manual to ensure that the 
flightcrew is advised of the proper procedures in the event of 
uncommanded movement of a spoiler during flight. This action would add 
inspections of the function of the pressure relief valves of each 
spoiler servo control (SSC), and corrective action if necessary. This 
action also would mandate eventual modification of the SSCs, which 
would terminate the AFM revision in the existing AD. Uncommanded 
movement of a spoiler during flight could result in reduced 
controllability of the airplane, and consequent significant increased 
fuel consumption during flight, which could necessitate an in-flight 
turn-back or diversion to an unscheduled airport destination. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by May 3, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-228-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-228-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-228-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-228-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 7, 2002, the FAA issued AD 2002-16-12, amendment 39-12851 
(67 FR 53478, August 16, 2002), applicable to certain Airbus Model A330 
and A340 series airplanes, to require revising the Limitations Section 
of the airplane flight manual to ensure that the flightcrew is advised 
of the proper procedures in the event of uncommanded movement of a 
spoiler during flight. That action was prompted by several reports of 
incidents where a spoiler servo control (SSC) was not locked in the 
retracted position during flight. Such uncommanded movement could 
result in reduced controllability of the airplane, and consequent 
significant increased fuel consumption

[[Page 17092]]

during flight, which could necessitate an in-flight turn-back or 
diversion to an unscheduled airport destination.

Actions Since Issuance of Previous Rule

    The preamble to AD 2002-16-12 explains that we consider the 
requirements ``interim action'' and are considering further rulemaking. 
We now have determined that further rulemaking is indeed necessary, and 
this proposed AD follows from that determination.
    In addition, the Direction G[eacute]n[eacute]rale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, was 
notified that the incidents that prompted the existing AD (where a SSC 
was not locked in the retracted position during flight) were caused by 
the loosening of an insert screw of the pressure relief valve (PRV) 
located in the SSC. Further inspections revealed two additional loose 
insert screws; therefore, the DGAC has mandated an inspection program 
and terminating modification.

Explanation of Relevant Service Information

    Airbus has issued the following service bulletins:

------------------------------------------------------------------------
                                  Revision                      Affected
        Service bulletin           level           Date          models
------------------------------------------------------------------------
A330-27-3090...................         02  August 1, 2002....      A330
A330-27-3094...................         01  August 1, 2002....      A330
A340-27-4096...................         02  August 1, 2002....      A340
A340-27-4100...................         01  August 1, 2002....      A340
------------------------------------------------------------------------

    Service Bulletins A330-27-3090 and A340-27-4096 describe procedures 
for inspections and checks of the function of the PRV of each SSC, and 
corrective action if necessary. The actions include checking for 
correct locking of the SSC and, if any movement is possible, replacing 
the SSC with a modified or exchange unit, and adjustment of the 
spoiler. The service bulletins also describe procedures for an 
operational test and specify reporting inspection results to Airbus. 
These service bulletins reference Liebherr Service Bulletin 1386A-27-
03, Revision 1, dated February 4, 2002, as an additional source of 
service information for accomplishment of the inspections.
    Service Bulletins A330-27-3094 and A340-27-4100 describe procedures 
for modification of the SSCs. The modification includes checking the 
identification plates of the SSCs for certain part numbers, and if the 
identification plates are missing, checking for the location of the SSC 
to determine if the SSC is affected. If the SSC is affected, the 
procedures involve removing and inspecting the PRV and installing a 
new, improved PRV in the SSC. If the PRV screw is detached, or the SSC 
does not lock in place correctly, the procedures involve replacing the 
SSC with a modified or exchange unit. The service bulletins also 
describe procedures for an operational test following the modification, 
which includes checking for correct locking of the SSCs, replacement of 
the SSC with a modified or exchange unit if any movement is detected, 
and a visual inspection for leakage and repair of any leakage found. 
Accomplishment of the modification eliminates the need for the AFM 
revision. These service bulletins reference Liebherr Service Bulletin 
1386A-27-05, dated February 25, 2002, as an additional source of 
service information for accomplishment of the modification.
    The DGAC classified the Airbus service information as mandatory and 
issued French airworthiness directives 2002-552(B) and 2002-553(B), 
both dated November 13, 2002; to ensure the continued airworthiness of 
these airplanes in France.

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 us informed of the 
situation described above. We have 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 2002-16-12 to 
continue to require revising the Limitations Section of the airplane 
flight manual to ensure the flightcrew is advised of the proper 
procedures in the event of uncommanded movement of a spoiler during 
flight. The proposed AD also would require inspections and checks of 
the function of the pressure relief valves of each SSC, and corrective 
action if necessary. The proposed AD would also mandate eventual 
modification of the SSCs, which would terminate the AFM revision in the 
existing AD. The actions would be required to be accomplished in 
accordance with the Airbus service information described previously, 
except as discussed below.

Differences Between Airbus Service Bulletins and This Proposed AD

    Service Bulletins A330-27-3090 and A340-27-4096 specify submitting 
the inspection results to the manufacturer, but this proposed AD does 
not include such a requirement.
    Service Bulletins A330-27-3090 and A340-27-4096 refer to an 
``inspection'' of the function of the pressure relief valve of the SSC. 
We have determined that the procedures in the service bulletins refer 
to a ``detailed inspection.'' Note 2 has been included in this proposed 
AD to define this type of inspection.

Work Hour Rate Increase

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 14 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The AFM revision that is currently required by AD 2002-16-12 takes 
about 1 work hour per airplane to accomplish, at an average labor rate 
of $65 per work hour. Based on these figures, the cost impact of the 
currently required actions on U.S. operators is estimated to be $65 per 
airplane.
    The new inspections/checks that are proposed in this AD action 
would take about 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of these proposed inspections/checks of this AD on U.S. 
operators is estimated to be $910, or $65 per airplane, per inspection/
check cycle.
    The new modification that is proposed in this AD action would take 
about 15 work hours per airplane to accomplish, at an average labor 
rate of $65 per work hour. Required parts would be provided to 
operators free of charge. Based on these figures, the cost impact of 
the proposed modification of

[[Page 17093]]

this AD on U.S. operators is estimated to be $13,650, or $975 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.
    Currently, there are no Model A340 series airplanes on the U.S. 
Register. However, if an affected airplane is imported and placed on 
the U.S. Register in the future, the new inspections/checks proposed in 
this AD action would take about 1 work hour, at an average labor rate 
of $65 per work hour. Based on these figures, we estimate the cost of 
the inspections/checks to be $65 per airplane, per inspection/check 
cycle. The new modification that is proposed in this AD action would 
take about 15 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would be provided to 
operators free of charge. Based on these figures, we estimate the cost 
of this modification to be $975 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 removing amendment 39-12851 (67 FR 
53478, August 16, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2002-NM-228-AD. Supersedes AD 2002-16-12, Amendment 
39-12851.

    Applicability: Model A330 and A340 series airplanes, 
certificated in any category; equipped with any spoiler servo 
control having part number (P/N) 1386A0000-01 or 1386B0000-01, or P/
N 1387A0000-01 or 1387B0000-01.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew is advised of the proper 
procedures in the event of uncommanded movement of a spoiler during 
flight, which could result in reduced controllability of the 
airplane and consequent significant increased fuel consumption 
during flight, and could result in an in-flight turn-back or 
diversion to an unscheduled airport destination, accomplish the 
following:

Restatement of Requirements of AD 2002-16-12

Revision to Airplane Flight Manual (AFM)

    (a) Within 10 days after September 20, 2002 (the effective date 
of AD 2002-16-12, amendment 39-12851), revise the Limitations 
Section of the airplane flight manual (AFM) by including the 
procedures listed in Figure 1 of this AD. This revision may be done 
by inserting a copy of the following Figure 1 into the AFM:
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[[Page 17094]]

[GRAPHIC] [TIFF OMITTED] TP01AP04.000

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[[Page 17095]]


    Note 1: When the procedure in paragraph (a) of this AD has been 
incorporated into the general revisions of the AFM, the general 
revisions may be incorporated into the AFM, provided the procedures 
in this AD and the general revisions are identical. This AD may then 
be removed from the AFM.

New Requirements of This AD

Initial Detailed Inspection/Functional Check

    (b) Within 700 flight hours after the effective date of this AD: 
Do a detailed inspection/functional check of the blocking function 
of the pressure relief valves (PRVs) of affected spoiler servo 
controls (SSCs) by doing all the actions per paragraphs 3.A., 
3.B.(1)(a), 3.D., and 3.E. of the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3090 (for A330 series airplanes) or 
A340-27-4096 (for A340 series airplanes), both Revision 02, both 
dated August 1, 2002; as applicable.

    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.''


    Note 3: Liebherr Service Bulletin 1386A-27-03, Revision 1, dated 
February 4, 2002, is referenced in Airbus Service Bulletins A330-27-
3090 and A340-27-4096 as an additional source of service information 
for accomplishment of the inspections.

Corrective Action

    (c) If any malfunction is found on any affected SSC during the 
inspection/functional check required by paragraph (b) of this AD, 
before further flight, do the terminating action required by 
paragraph (e) of this AD for the affected SSC only. Repeat the 
inspection/functional check of the functioning SSCs one time within 
1,600 flight hours after accomplishment of the initial inspection 
required by paragraph (b) of this AD. If no malfunction is found, 
repeat the inspection/functional check thereafter at intervals not 
to exceed 2,400 flight hours, until accomplishment of the 
terminating action required by paragraph (e) of this AD for the 
remaining SSCs.
    (d) If no malfunction is found on any affected SSC during the 
inspection/functional check required by paragraph (b) of this AD, 
repeat the inspection/functional check one time within 1,600 flight 
hours after accomplishment of the initial inspection required by 
paragraph (b) of this AD. If no malfunction is found, repeat the 
inspection/functional check thereafter at intervals not to exceed 
2,400 flight hours, until accomplishment of the terminating action 
required by paragraph (e) of this AD.

Terminating Action

    (e) Except as required by paragraph (c) of this AD: Within 13 
months after the effective date of this AD, modify all affected SSCs 
by doing all the actions per the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3094 (for A330 series airplanes) or 
A340-27-4100 (for A340 series airplanes), both Revision 01, both 
dated August 1, 2002; as applicable. Modification of all affected 
SSCs terminates the requirements of paragraphs (a), (b), (c), and 
(d) of this AD. After the modification has been done, the previously 
required AFM revision may be removed.

    Note 4: Liebherr Service Bulletin 1386A-27-05, dated February 
25, 2002, is referenced in Airbus Service Bulletins A330-27-3094 and 
A340-27-4100 as an additional source of service information for 
accomplishment of the modification.

Previously Accomplished Actions

    (f) Accomplishment of the inspections per Airbus Service 
Bulletins A330-27-3090 and A340-27-4096, both dated September 28, 
2001; or A330-27-3090 and A340-27-4096, both Revision 01, both dated 
December 12, 2001; as applicable; is considered acceptable for 
compliance with the inspections required by this AD. Accomplishment 
of the modification per Airbus Service Bulletins A330-27-3094 and 
A340-27-4100, both dated May 21, 2002; as applicable; is considered 
acceptable for compliance with the modification required by this AD.
    (g) Airbus Service Bulletins A330-27-3090 and A340-27-4096, both 
dated August 1, 2002, specify to submit inspection results to the 
manufacturer, however; this AD does not include such a requirement.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane a spoiler servo control having P/N 1386A0000-01, 
1386B0000-01, 1387A0000-01, or 1387B0000-01, unless it has been 
modified per paragraph (e) of this AD.

Alternative Methods of Compliance

    (i) 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 5: The subject of this AD is addressed in French 
airworthiness directives 2002-552(B) and 2002-553(B), both dated 
November 13, 2002.


    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7356 Filed 3-31-04; 8:45 am]
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