[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31874-31876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12572]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-111-AD; Amendment 39-13654; AD 2004-11-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330, A340-200, and A340-
300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A330, A340-200, and A340-300 series 
airplanes, that requires 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: Effective July 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 13, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A330, A340-
200, and A340-300 series airplanes was published in the Federal 
Register on February 13, 2004 (69 FR 7181). That action proposed to 
require replacement of flap rotary actuators with modified flap rotary 
actuators.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The FAA has duly considered the 
comments received.

Request To Reference Latest Revisions of Service Information

    One commenter, the airplane manufacturer, requests that we revise 
the proposed AD to refer to Airbus Service Bulletins A330-27-3106 (for 
Model A330 series airplanes) and A340-27-4111 (for Model A340-200 and -
300 series airplanes), both Revision 02, both dated February 4, 2004. 
The proposed AD refers to the original issue of those service 
bulletins, dated February 18, 2003, as the acceptable sources of 
service information for the accomplishment of the proposed actions.
    We concur with the commenter's request. The procedures in Revision 
01, dated April 8, 2003, and Revision 02 of the referenced service 
bulletins are essentially the same as those in the

[[Page 31875]]

original issue of the service bulletins. Revision 02 of the service 
bulletins adds references to Liebherr-Aerospace Lindenberg GmbH Service 
Bulletins 697510-27-03 and 697511-27-03, both dated December 5, 2003, 
as additional sources of service information for replacing the subject 
flap rotary actuators. Accordingly, we have revised paragraph (a) of 
this AD to refer to Revision 02 of the Airbus service bulletins as the 
appropriate sources of service information for accomplishment of the 
required actions. We have also added a new paragraph (b) (and 
reidentified subsequent paragraphs accordingly) to state that 
replacements accomplished before the effective date of this AD per the 
original issue or Revision 01 of the service bulletins are acceptable 
for compliance with this AD. Also, we have revised Note 1 of this AD to 
add references to the new Liebherr-Aerospace Lindenberg GmbH service 
bulletins.

Request To Revise Compliance Threshold

    The same commenter requests that we revise the proposed AD to make 
the compliance threshold for the proposed actions consistent with that 
specified in the parallel French airworthiness directives. The 
commenter notes that, while paragraph (a) of the proposed AD specifies 
doing the replacement at the later of the times specified in paragraphs 
(a)(1) and (a)(2) of this AD, French airworthiness directives 2003-
140(B) and 2003-141(B), both dated April 2, 2003, specify doing the 
replacement at the earlier of those times.
    We concur. The reference to the ``later'' of the times in 
paragraphs (a)(1) and (a)(2) of the proposed AD was inadvertent, and 
was due to a misinterpretation of the French airworthiness directives. 
We intend the requirements of this AD and the compliance times for 
those requirements to be the same as those in the parallel French 
airworthiness directives. (We state no difference from the French 
airworthiness directives in the proposed AD.) We have revised paragraph 
(a) of this AD to require compliance at the earlier of the times 
specified in paragraphs (a)(1) and (a)(2) of this AD. We have 
determined that no U.S.-registered airplane is close to the compliance 
threshold, so this change should not increase the economic burden on 
any operator.

Difference Between the French Airworthiness Directive and This AD

    The applicability of French airworthiness directives 2003-140(B) 
and 2003-141(B), both dated April 2, 2003, excludes airplanes on which 
Airbus Service Bulletin A330-27-3106 (for Model A330 series airplanes) 
or A340-27-4111 (for Model A340-200 and -300 series airplanes) has been 
accomplished in service. However, we have not excluded those airplanes 
from the applicability of this AD. Rather, this AD includes a 
requirement to accomplish the actions specified in those service 
bulletins. Such a requirement ensures that the actions specified in the 
service bulletins and required by this AD are accomplished on all 
affected airplanes. Operators must continue to operate the airplane in 
the configuration required by this AD unless an alternative method of 
compliance is approved.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 9 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 45 work hours per airplane to 
accomplish the required replacement, and that the average labor rate is 
$65 per work hour. Required parts will cost approximately $35,000 per 
airplane. Based on these figures, the cost impact of this 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 the 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-11-08 Airbus: Amendment 39-13654. 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 A330-27-3106 (for Model A330 series 
airplanes) or A340-27-4111 (for Model A340-200 and -300 series 
airplanes), both Revision 02, both dated February 4, 2004, as 
applicable. Do the replacement at the earlier of the times specified 
in paragraphs (a)(1) and (a)(2) of this AD.

[[Page 31876]]

    (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 original Export Certificate of Airworthiness, 
whichever occurs first.
    (b) Replacements accomplished before the effective date of this 
AD in accordance with Airbus Service Bulletin A330-27-3106 (for 
Model A330 series airplanes) or A340-27-4111 (for Model A340-200 and 
-300 series airplanes), both dated February 18, 2003; or Revision 01 
of those service bulletins, both dated April 8, 2003; as applicable; 
are acceptable for compliance with paragraph (a) of this AD.

    Note 1: Airbus Service Bulletins A330-27-3106 and A340-27-4111, 
both Revision 02, reference Liebherr-Aerospace Lindenberg GmbH 
Service Bulletins 697510-27-02 and 697511-27-02, both dated February 
21, 2003; and Liebherr-Aerospace Lindenberg GmbH Service Bulletins 
697510-27-03 and 697511-27-03, both dated December 5, 2003; as 
additional sources of service information for accomplishment of the 
replacement.

Alternative Methods of Compliance

    (c) 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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A330-27-3106, 
Revision 02, dated February 4, 2004; or Airbus Service Bulletin 
A340-27-4111, Revision 02, dated February 4, 2004; as applicable. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Airbus, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    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.

Effective Date

    (e) This amendment becomes effective on July 13, 2004.

    Issued in Renton, Washington, on May 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-12572 Filed 6-7-04; 8:45 am]
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