[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Rules and Regulations]
[Pages 38062-38064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5943]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-247-AD; Amendment 39-14673; AD 2006-14-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and A330-300 
Series Airplanes, and Airbus Model 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 A330-200 and A330-300 series 
airplanes; and Airbus Model A340-200 and A340-300 series airplanes. 
This AD requires lubrication of the upper and lower shortening 
mechanism (SM) link of the main landing gear, and consequent detection 
of resistance or blockage of the greaseway. Depending upon the 
resistance finding and upon whether or not the airplane has a certain 
modification, this AD also requires various other actions including 
unblocking the greaseway; accomplishing all necessary repairs; 
performing various inspections; and accomplishing the eventual 
replacement of the SM8 pin, if necessary. This action is necessary to 
prevent failure of the landing gear lengthening system, which could 
result in reduced controllability of the airplane on the ground during 
landing. This action is intended to address the identified unsafe 
condition.

DATES: Effective August 9, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 9, 2006.

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.

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 series 
airplanes; Airbus Model A340-300 series airplanes; and Airbus Model 
A340-541 airplanes was published in the Federal Register on April 1, 
2004 (69 FR 17088). That action proposed to require lubrication of the 
upper and lower shortening mechanism (SM) link of the main landing 
gear, and consequent detection of resistance or blockage of the 
greaseway. Depending upon the resistance finding and upon whether or 
not the airplane has a certain modification, that action also proposed 
to require various other actions including unblocking the greaseway; 
accomplishing all necessary repairs; performing various inspections; 
and accomplishing the eventual replacement of the SM8 pin, if 
necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed AD

    US Airways expresses support for the proposed AD. Northwest 
Airlines notes that it does not operate any airplanes affected by the 
proposed AD.

Request To Remove Certain Airplanes From Applicability

    Airbus notes that the applicability of the proposed AD should not 
include Airbus Model A340-541 airplanes. Airbus states that Model A340-
541 airplanes do not have SM8 pins that are affected by the actions in 
this proposed AD.
    We agree. Airbus Model A340-541 airplanes are not included in 
either the French airworthiness directives or the all-operators telexes 
(AOTs) that are referenced in the proposed AD. We included the Airbus 
Model A340-541 inadvertently in our proposed AD. We have revised the 
final rule to exclude this airplane model.

Request To Revise Compliance Time in Paragraph (e)(1) of the Proposed 
AD

    Airbus also observes that the proposed AD includes in paragraph 
(e)(1) the requirement to make all necessary repairs and unblock any 
blocked greaseway ``before further flight.'' Airbus suggests that we 
may have misunderstood the intent of the French airworthiness 
directives and the AOTs, and requests that we change this compliance 
time to agree with the time in those documents. Instead of ``before 
further flight,'' Airbus states that the compliance time should be 
``within 700 flight hours.''
    We agree. We have changed paragraph (e)(1) of the final rule to 
state that operators should comply with the actions in that paragraph 
``within 700 flight hours after the general visual inspection'' rather 
than ``before further flight.'' We have determined that extending the 
compliance time will not adversely affect safety.

Requests To Revise Compliance Time in Paragraph (e)(2) of the Proposed 
AD

    Air Transportation Association, on behalf of U.S. Airways, 
expresses concern over the facilities needed to perform the ``tall'' 
airplane jacking that must be done to accomplish the SM8 pin 
replacement. U.S. Airways notes that this jacking procedure must be 
accomplished indoors and requires equipment and a facility capable of 
handling the abnormal jacking height. U.S. Airways recommends that we 
revise paragraph (e)(2) of the proposed AD to allow 180 flight cycles 
for operators to plan for the pin replacement after a finding in 
accordance with paragraph (e) of the proposed AD. ATA supports the 
observation and recommends that we adopt U.S. Airways' recommendation.
    We partially agree. We agree with the commenters that a grace 
period should be added. We disagree with the proposed 180 flight 
cycles. Instead, we have changed paragraph (e)(2) of the final rule to 
require that the actions in paragraph (e)(2) be performed ``within 20 
flight cycles after the general visual inspection'' to match the intent 
of the

[[Page 38063]]

French airworthiness directives and the AOTs.

Explanation of Further Changes to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.
    We also have made minor editorial changes to clarify the 
applicability and paragraph (b)(1) of this AD, as follows. We changed 
the phrases ``original Airworthiness Certificate'' to ``original French 
standard Airworthiness Certificate,'' and ``Export Certificate of 
Airworthiness'' to ``original Export Certificate of Airworthiness. We 
also removed an unnecessary phrase, ``whichever occurs later,'' from 
the applicability. In addition, we revised paragraph (b)(1) of this AD 
to remove an unnecessary phrase--``whichever occurs first.''
    Furthermore, we inadvertently excluded Airbus Model A340-200 series 
airplanes from the applicability of the NPRM. Both French airworthiness 
directive 2002-265(B) R2, dated January 8, 2003, and Airbus AOT 
323A4189, dated March 26, 2002, are applicable to both A340-200 and 
A340-300 series airplanes. Since there are no affected A340-200 series 
airplanes on the U.S. register, we find that this correction does not 
expand the scope of the NPRM. We have revised the final rule to include 
the Model A340-200 series airplanes.

Clarification of Editorial Changes to AD

    We have clarified paragraphs (b), (c), (e), and (f) of the AD to 
reference specific paragraphs of the AOT that are necessary for 
accomplishing the specified actions.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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 previously described. 
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 Model A330 series airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the proposed lubrication, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $585, or $65 
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.
    Currently, there are no affected Model A340 airplanes on the U.S. 
Register. However, if an affected airplane is imported and placed on 
the U.S. Register in the future, it would take approximately 1 work 
hour per airplane to accomplish the proposed lubrication at an average 
labor rate of $65 per work hour. Based on these figures, we estimate 
the cost of the lubrication required by this AD for these airplanes to 
be $65 per airplane.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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:

2006-14-02 Airbus: Amendment 39-14673. Docket 2002-NM-247-AD.

    Applicability: Model A330-201, -202, -203, -223, -243, -301, -
321, -322, -323, -341, -342, and -343 airplanes; and Model A340-211, 
-212, -213, -311, -312, and -313 airplanes, certificated in any 
category; having a date of issuance of the original French standard 
Airworthiness Certificate or the date of issuance of the original 
Export Certificate of Airworthiness of May 24, 2002, or earlier.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the landing gear lengthening system, which 
could result in reduced controllability of the airplane on the 
ground during landing, accomplish the following:

All Operators Telex Reference

    (a) The term ``all operators telex,'' or ``AOT,'' as used in 
this AD, means the Short-

[[Page 38064]]

Term Action section of the following AOTs, as applicable:
    (1) For Model A330-201, -202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes: Airbus A330 AOT 32A3151, 
dated March 26, 2002; and
    (2) For Model A340-211, -212, -213, -311, -312, and -313 
airplanes: Airbus A340 AOT 32A4189, dated March 26, 2002.

Lubrication

    (b) At the later of the compliance times in paragraphs (b)(1) 
and (b)(2) of this AD: Lubricate the upper and lower shortening 
mechanism (SM) link of the main landing gear in accordance with 
paragraph 4.2.1 of the applicable AOT.
    (1) Within 6 months after the date of issuance of the original 
French standard Airworthiness Certificate or the date of issuance of 
the original Export Certificate of Airworthiness.
    (2) Within 700 flight hours or 60 days after the effective date 
of this AD, whichever occurs first.
    (c) If, during the lubrication required by paragraph (b) of this 
AD, any corrective actions are required, do paragraph (c)(1) or 
(c)(2) of this AD, as applicable.
    (1) If Airbus Modification 46904 has been accomplished, the 
corrective actions must be performed in accordance with paragraphs 
4.2.2 and 4.3 of the applicable AOT.
    (2) If Airbus Modification 46904 has not been accomplished, do 
the applicable inspection and all necessary corrective actions in 
accordance with paragraph 4.3 of the applicable AOT.
    (d) If, during the lubrication required by paragraph (b) of this 
AD, there is noticeable resistance or blockage of the greaseway: 
Before further flight, do the applicable inspection and all 
necessary corrective actions in paragraphs (e) and (f) of this AD.

Inspections and Corrective Action

    (e) For airplanes on which Airbus Modification 46904 has been 
incorporated that have a discrepant greaseway per paragraph (d) of 
this AD; and for airplanes on which Airbus Modification 46904 has 
not been incorporated that do not have a discrepant greaseway: 
Before further flight following the lubrication required by 
paragraph (b) of this AD, do a general visual inspection for 
clearance of the end caps of the SM8 pin, and the presence of the 
split pin, the nut, the end caps, and the bolts; in accordance with 
paragraph 4.2.2 of the applicable AOT.
    (1) If the combined gap of both end caps to the outer flanges of 
the bushes in the lower SM is less than 0.75 mm: Within 700 flight 
hours after the general visual inspection, make all necessary 
repairs and unblock any blocked greaseway, in accordance with 
paragraphs 4.2.2 and 4.3 of the applicable AOT.
    (2) If the inspection required by paragraph (e) of this AD 
reveals a migration of the SM8 pin end caps to a gap of 0.75 mm to 
3.0 mm: Within 20 flight cycles after the general visual inspection, 
unblock any blocked greaseway in accordance with paragraph 4.3 of 
the applicable AOT, and repeat the inspection required by paragraph 
(e) of this AD at intervals not to exceed 20 flight cycles until the 
action in paragraph (e)(3) is accomplished.
    (3) If the inspection required by paragraph (e) of this AD 
reveals a migration of the SM8 pin end caps to a gap of 3.0 mm or 
greater: Before further flight, remove the SM8 pin, and perform a 
general visual inspection of the SM upper link, SM lower link, and 
SM8 pin for damage or blockage, and make all necessary repairs 
before further flight in accordance with paragraph 4.3 of the 
applicable AOT.


    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop light and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Detailed Inspections and Corrective Actions

    (f) If no noticeable resistance or blockage of the greaseway is 
noted during the lubrication required by paragraph (b) of this AD: 
Within 700 flight hours after the effective date of this AD, do a 
detailed inspection of the SM8 pin for damage or corrosion; unblock 
any blocked greaseway; and replace any damaged or corroded pin with 
a new part; in accordance with paragraph 4.2.2 of the applicable 
AOT.


    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.''

No Reporting Requirements

    (g) Although the AOTs referenced in this AD specify to report 
inspection results to the manufacturer, this AD does not include 
such a requirement.

Alternative Methods of Compliance

    (h)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Note 3: The subject of this AD is addressed in French 
airworthiness directives 2002-262(B) R1, and 2002-265(B) R2, both 
dated January 8, 2003.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions must be 
done in accordance with Airbus A330 All Operators Telex 32A3151, 
dated March 26, 2002; and Airbus A340 All Operators Telex 32A4189, 
dated March 26, 2002; 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. To get copies of this 
service information, contact Airbus, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html.

Effective Date

    (j) This amendment becomes effective on August 9, 2006.

    Issued in Renton, Washington, on June 22, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5943 Filed 7-3-06; 8:45 am]
BILLING CODE 4910-13-P