[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Rules and Regulations]
[Pages 55326-55329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20407]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-228-AD; Amendment 39-13793; AD 2004-18-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Airbus Model A330 and A340-200 and -300 
series airplanes, that currently requires revising the Limitations 
Section of the airplane flight manual (AFM) to ensure that the 
flightcrew is advised of the proper procedures in the event of 
uncommanded movement of a spoiler during flight. This amendment adds 
inspections of the function of the pressure relief valves of each 
spoiler servo control (SSC), and corrective action if necessary. This 
new AD also mandates eventual modification of the SSCs, which 
terminates the AFM revision in the existing AD. The actions specified 
by this AD are intended to prevent uncommanded movement of a spoiler 
during flight, which 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: Effective October 19, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 19, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2002-16-12, 
amendment 39-12851 (67 FR 53478, August 16, 2002), which is applicable 
to certain Airbus Model A330 and A340 series airplanes, was published 
in the Federal Register on April 1, 2004 (69 FR 17091). The action 
proposed to continue to require revising the Limitations Section of the 
airplane flight manual (AFM) 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 spoiler 
servo control (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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the

[[Page 55327]]

making of this amendment. Due consideration has been given to the 
comments received.
    One commenter supports the proposed AD. One commenter indicates 
that it does not own or operate any affected airplanes.

Request To Change Applicability

    One commenter reiterates the applicability listed in the French 
airworthiness directives referenced in the proposed AD, and issued by 
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which 
is the airworthiness authority for France, and suggests that the 
applicability specified in the proposed AD be changed to match the 
French airworthiness directives.
    We do not agree. The applicability specified in the proposed AD was 
carried over from AD 2002-16-12, and has not changed. For 
clarification, the model designation listed on the type certificate 
data sheet, specifying Airbus Model A330 series airplanes, covers the 
airplane models identified as ``Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes.'' 
Airbus Model A340-200 and -300 series airplanes covers the airplane 
models identified as ``Airbus Model A340-211, -212, -213, and A340-311, 
-312, and -313 airplanes.'' In addition, the applicability in the 
proposed AD already specifies the part numbers for the SSCs, as does 
the effectivity in the French airworthiness directives. No change is 
made to the AD in this regard.

Request To Clarify Paragraphs (c) and (d) of the Proposed AD

    One commenter states that the repetitive inspection intervals for 
SSCs with any malfunction, as specified in paragraph (c) of the 
proposed AD, and the repetitive inspection intervals for SSCs with no 
malfunction, as specified in paragraph (d) of the proposed AD, are 
redundant.
    Although the commenter does not make a specific request, we infer 
that the commenter is asking for clarification of the repetitive 
inspection intervals specified in paragraphs (c) and (d) of the 
proposed AD. We agree that some clarification is necessary; therefore, 
we have removed the repetitive inspection/check intervals for 
functioning SSCs from paragraph (c), and included clarification that 
the requirements in paragraph (c) are only for affected SSCs on which a 
malfunction is found. In addition, we have included clarification that 
the repetitive inspections/checks required by paragraph (d) are only 
for affected SSCs on which no malfunction is found.

Requests To Change Compliance Times

    One commenter states that there is a difference between the 
proposed AD and the referenced French airworthiness directives 
regarding the starting date for the initial detailed inspection/
functional check. The commenter also notes that there is a difference 
between the proposed AD and the referenced French airworthiness 
directives which provide a calendar date for accomplishment of the 
terminating action for all SSCs.
    Although the commenter does not make a specific request, we infer 
that the commenter is asking that the compliance time for the initial 
detailed inspection/functional check and the terminating action, as 
specified in paragraphs (b) and (e) of the proposed AD, respectively, 
be changed to match the compliance times in the French airworthiness 
directives.
    We do not agree. The French airworthiness directives give a 
compliance time for the initial detailed inspection/functional check 
based on the original issue date of those airworthiness directives. Due 
to some procedural differences in the way we express compliance times, 
the compliance time in this AD is presented in a manner that differs 
from that in the French airworthiness directives. However, the 
compliance time captures the intent of the French airworthiness 
directives, and ensures that operators of all affected airplanes are 
given sufficient time to accomplish the inspection, while still 
ensuring operational safety.
    In addition, the compliance time in the French airworthiness 
directives for the terminating action specifies a calendar time, but we 
do not express compliance times in terms of calendar dates unless an 
engineering analysis establishes a direct relationship between the date 
and the compliance time. Additionally, a risk assessment done by the 
manufacturer and the DGAC, in agreement with the FAA, validates the 
compliance times required by this AD.
    In light of these factors, we have determined that 700 flight hours 
for the initial detailed inspection/functional check, and 13 months for 
the terminating action, is appropriate. No change is made to the AD in 
this regard.
    Another commenter asks that the compliance time for the terminating 
action be extended. The commenter states that the actions required by 
the proposed AD are best suited for a base maintenance environment. The 
commenter adds that the current compliance time of 13 months for 
accomplishment of the modification of the SSCs does not coincide with 
any scheduled maintenance interval. The commenter asks that the 
compliance time be extended to 18 months to correspond with the C-check 
interval.
    We do not agree that the compliance time for the terminating action 
should be extended. As specified in our response above, a risk 
assessment done by the manufacturer and the DGAC, in agreement with the 
FAA, validates the compliance times required by this AD. No change is 
made to the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Cost Impact

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

[[Page 55328]]

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 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 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 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 removing amendment 39-12851 (67 FR 
53478, August 16, 2002), and by adding a new airworthiness directive 
(AD), amendment 39-13793, to read as follows:

2004-18-14 Airbus: Amendment 39-13793. Docket 2002-NM-228-AD. 
Supersedes AD 2002-16-12, Amendment 39-12851.

    Applicability: Model A330 and A340-200 and -300 series 
airplanes, certificated in any category; equipped with any spoiler 
servo control having part number (P/N) 1386A0000-01, 1386B0000-01, 
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 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:

Figure 1

``PROCEDURE:
 
 If ``F/CTL SPLR FAULT'' is triggered
    --F/CTL S/D
    page.......................................  CHECK
 
 If the affected spoiler is not
 indicated extended amber:
    The spoiler is faulty in the retracted
     position. In such a case, the specific OEB
     procedure does not apply.
    --LDG DIST PROC............................  APPLY
    Multiply the landing distance by 1.1 for 3
     or 4 spoilers lost per wing..
    Multiply the landing distance by 1.2 for 5
     or 6 spoilers lost per wing..
 
 If the affected spoiler is indicated
 extended amber, apply the following procedure:
    IN CRUISE
 
    CAUTION
    Disregard FMGC fuel predictions, as they do
     not take the increase in fuel consumption
     into account.
 
    --FUEL CONSUMPTION INCREASE................  APPLY
    Apply 18.5% increase in the fuel
     consumption..
    --IN-FLIGHT TURN BACK/DIVERSION............  CONSIDER
    In-flight turn back or diversion may have
     to be considered due to this fuel penalty..
    --MAX ACHIEVABLE ALTITUDE DECREASE.........  CONSIDER
    With the maximum spoiler deflection, the
     maximum altitude in ISA conditions may
     decrease by 4,500 feet..
 
    FOR LANDING
 
    --FOR LDG..................................  USE FLAP 3
    Use CONF 3 for landing to avoid possible
     buffeting, which, however, may be high
     depending on the failed spoiler..
 
    --VAPP.....................................  NORM
    --LDG DIST.................................  x 1.1''
 


    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

[[Page 55329]]

inspection/functional check of the blocking function of the pressure 
relief valves (PRVs) of affected spoiler servo controls (SSCs) by 
doing all the actions in accordance with 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 A340-200 and -300 series airplanes), both Revision 
02, both dated August 1, 2002, as applicable.

    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate 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, both Revision 02, as an additional source of 
service information for accomplishment of the inspections.

Corrective Action

    (c) For airplanes having an affected SSC on which any 
malfunction is found during the inspection/functional check required 
by paragraph (a) of this AD: Before further flight, do the 
terminating action required by paragraph (e) of this AD for that 
SSC.
    (d) For airplanes having affected SSCs on which no malfunction 
is found during the inspection/functional check required by 
paragraph (a) of this AD: Repeat the inspection/functional check one 
time within 1,600 flight hours after accomplishment of the initial 
inspection required by paragraph (a) 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 in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-27-3094 (for A330 
series airplanes) or A340-27-4100 (for A340-200 and -300 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 in accordance with Airbus 
Service Bulletins A330-27-3090 and A340-27-4096, both dated 
September 28, 2001; or A340-27-4096, Revision 01, dated December 12, 
2001; as applicable; is considered acceptable for compliance with 
the inspections 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 that 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.

Incorporation by Reference

    (j) The actions shall be done in accordance with the applicable 
service bulletins listed in Table 1 of this AD, unless the AD 
specifies otherwise.

              Table 1.--Materials Incorporated by Reference
------------------------------------------------------------------------
                                      Revision
      Airbus service bulletin           level              Date
------------------------------------------------------------------------
A330-27-3090.......................          02  Aug. 1, 2002.
A330-27-3094.......................          01  Aug. 1, 2002.
A340-27-4096.......................          02  Aug. 1, 2002.
A340-27-4100.......................          01  Aug. 1, 2002.
------------------------------------------------------------------------

The Director of the Federal Register approved the incorporation by 
reference of these documents in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You can get copies of the documents from Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You can 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; 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 5: The subject of this AD is addressed in French 
airworthiness directives 2002-552(B) and 2002-553(B), both dated 
November 13, 2002.

Effective Date

    (k) This amendment becomes effective on October 19, 2004.

    Issued in Renton, Washington, on August 31, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20407 Filed 9-13-04; 8:45 am]
BILLING CODE 4910-13-P