[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Proposed Rules]
[Pages 29082-29084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10043]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / 
Proposed Rules  

[[Page 29082]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28258; Directorate Identifier 2006-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    During a BCM (back-up control module) retrofit campaign, one 
resistor manufactured by SRT (Siegert) was found with an abnormal 
resistance drift. * * *
* * * * *
    When the aircraft is in control back up configuration 
(considered to be an extremely remote case), an incorrect value on 
these resistors may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and to possible 
impact on the Dutch Roll [uncommanded coupling of airplane roll and 
yaw motions].
* * * * *
The unsafe condition is erratic motion of the rudder could result in 
reduced controllability of the airplane due to dutch roll 
characteristics. The proposed AD would require actions that are 
intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 25, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28258; Directorate Identifier 2006-NM-251-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2006-0313, dated October 13, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During a BCM (back-up control module) retrofit campaign, one 
resistor manufactured by SRT (Siegert) was found with an abnormal 
resistance drift. This resistor was subject to humidity absorption 
and then to oxidation, which leads to increase the resistor value.
    This oxidation has been determined coming from a production 
quality issue.
    When the aircraft is in control back up configuration 
(considered to be an extremely remote case), an incorrect value on 
these resistors may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and to possible 
impact on the Dutch Roll [uncommanded coupling of airplane roll and 
yaw motions].
    In order to detect a degradation of the BCM piloting laws due to 
resistor oxidation, this Airworthiness Directive (AD) mandates a 
repetitive ground operational test of the BCM fitted with resistor 
manufactured by SRT until accomplishment of terminating action 
(installation of BCM fitted with resistors manufactured by VISHAY).

You may obtain further information by examining the MCAI in the AD 
docket.

[[Page 29083]]

Relevant Service Information

    Airbus has issued the service bulletins listed below. The actions 
described in the service information are intended to correct the unsafe 
condition identified in the MCAI.
     Airbus Service Bulletin A330-27-3142, dated August 17, 
2006.
     Airbus Service Bulletin A330-27-3147, including Appendix 
01, dated August 4, 2006.
     Airbus Service Bulletin A340-27-4142, dated August 17, 
2006.
     Airbus Service Bulletin A340-27-4147, including Appendix 
01, dated August 4, 2006.
     Airbus Service Bulletin A340-27-5036, dated August 17, 
2006.
     Airbus Service Bulletin A340-27-5038, including Appendix 
01, dated August 4, 2006.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 20 products of U.S. registry. We also estimate that 
it would take about 15 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $0 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $24,000, or $1,200 
per product.

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 Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2007-28258; Directorate Identifier 2006-NM-
251-AD.

Comments Due Date

    (a) We must receive comments by June 25, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD:
    (1) Model A330 airplanes, certificated in any category, with 
Modification 49144 installed in production, but without Production 
Modification 55185 or Airbus Service Bulletin A330-27-3142 installed 
in-service.
    (2) Model A340-200 and -300 series airplanes, certificated in 
any category, with Modification 49144 installed in production, but 
without Production Modification 55185 or Airbus Service Bulletin 
A340-27-4142 installed in-service.
    (3) Model A340-500 and -600 series airplanes, certificated in 
any category, without Production Modification 55186 or Airbus 
Service Bulletin A340-27-5036 installed in-service.

Subject

    (d) Flight Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During a BCM (back-up control module) retrofit campaign, one 
resistor manufactured by SRT (Siegert) was found with an abnormal 
resistance drift. This resistor was subject to humidity absorption 
and then to oxidation, which leads to increase the resistor value.
    This oxidation has been determined coming from a production 
quality issue.
    When the aircraft is in control back up configuration 
(considered to be an extremely remote case), an incorrect value on 
these resistors may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and to possible 
impact on the Dutch Roll [uncommanded coupling of airplane roll and 
yaw motions].
    In order to detect a degradation of the BCM piloting laws due to 
resistor oxidation, this Airworthiness Directive (AD) mandates a 
repetitive ground operational test of the BCM

[[Page 29084]]

fitted with resistor manufactured by SRT until accomplishment of 
terminating action (installation of BCM fitted with resistors 
manufactured by VISHAY).

The unsafe condition is erratic motion of the rudder and could 
result in reduced controllability of the airplane due to dutch roll 
characteristics.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 900 flight hours after the effective date of this AD, 
and thereafter at intervals not to exceed 900 flight hours, perform 
an operational test of the BCM and back-up power supply (BPS) by 
BITE (built in test equipment), and as applicable, apply the 
corrective actions, in accordance with instructions defined in 
Airbus Service Bulletin A330-27-3147, dated August 4, 2006; Airbus 
Service Bulletin A340-27-4147, dated August 4, 2006; or Airbus 
Service Bulletin A340-27-5038, dated August 4, 2006; as applicable. 
Replacement of affected BCM in accordance with Airbus Service 
Bulletin A330-27-3142, dated August 17, 2006; A340-27-4142, dated 
August 17, 2006; or A340-27-5036, dated August 17, 2006; cancels the 
mandatory repetitive operational test.
    (2) Within 26 months after the effective date of this AD, 
install modified BCM in accordance with instructions given in Airbus 
Service Bulletin A330-27-3142, dated August 17, 2006; Airbus Service 
Bulletin A340-27-4142, dated August 17, 2006; or Airbus Service 
Bulletin A340-27-5036, dated August 17, 2006; as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/ or service information 
as follows: No Differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tim Backman, Aerospace Engineer; 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2797; fax (425) 227-1149. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0313, dated October 13, 2006; and the service 
bulletins listed in Table 1 for related information.

                   Table 1.--Airbus Service Bulletins
------------------------------------------------------------------------
      Airbus Service  Bulletin--                    Dated--
------------------------------------------------------------------------
A330-27-3123.........................  December 13, 2004.
A330-27-3142.........................  August 17, 2006.
A330-27-3147, including Appendix 01..  August 4, 2006.
A340-27-4124.........................  December 13, 2004.
A340-27-4142.........................  August 17, 2006.
A340-27-4147, including Appendix 01..  August 4, 2006.
A340-27-5036.........................  August 17, 2006.
A340-27-5038, including Appendix 01..  August 4, 2006.
------------------------------------------------------------------------


    Issued in Renton, Washington, on May 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10043 Filed 5-23-07; 8:45 am]
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