[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46313-46317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21408]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0264; Directorate Identifier 2008-NM-174-AD; 
Amendment 39-16017; AD 2009-18-20]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    * * * The rupture of the maintenance cover in flight may result 
in the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking).

[[Page 46314]]

It may also result in the loss of the associated hydraulic system 
(external leakage). In the worst case, the three hydraulic systems 
may be affected, which constitutes an unsafe condition.
* * * * *
    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 14, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 26, 2009 (74 
FR 13148). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    The maintenance cover allows switching the servo-control from 
``Operational'' to ``Maintenance'' modes. The same cover is 
installed on all standard MZ spoiler servo-controls except on P/N 
MZ4339390-12 and MZ4306000-12, which have a reinforced maintenance 
cover. The rupture of the maintenance cover in flight may result in 
the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking). It may also result 
in the loss of the associated hydraulic system (external leakage). 
In the worst case, the three hydraulic systems may be affected, 
which constitutes an unsafe condition.
    For the reasons described above, this EASA (European Aviation 
Safety Agency) AD requires the identification and the modification 
of all standard MZ spoiler servo-controls with initial maintenance 
cover (P/N MZ4339390-01X, -02X, -10X for position 1 and P/N 
MZ4306000-01X, -02X, -10X for positions 2 to 6) into standard MZ 
servo-controls with reinforced maintenance cover (P/N MZ4339390-12 
for position 1 and P/N MZ4306000-12 for positions 2 to 6).

    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Revised Service Information

    We have reviewed Airbus Service Bulletin A330-27-3110, Revision 03, 
dated September 3, 2008. We referred to Airbus Service Bulletin A330-
27-3110, Revision 02, dated March 2, 2007, as the appropriate source of 
service information for accomplishing certain actions specified in the 
NPRM. We have determined that the actions specified in Airbus Service 
Bulletin A330-27-3110, Revision 03, dated September 3, 2008, are 
essentially the same as the actions specified in Airbus Service 
Bulletin A330-27-3110, Revision 02, dated March 2, 2007. Therefore, we 
find that no additional work will be required for airplanes that have 
done the requirements of this AD in accordance with Airbus Service 
Bulletin A330-27-3110, Revision 02, dated March 2, 2007. We have 
changed paragraphs (f)(2) through (f)(6) of this AD to refer to 
Revision 03, dated September 3, 2008, of Airbus Service Bulletin A330-
27-3110. We have also changed paragraph (f)(7) of this AD to give 
credit to operators who have accomplished the actions in accordance 
with Airbus Service Bulletin A330-27-3110, Revision 02, dated March 2, 
2007, as well as the earlier versions of the service bulletin.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Clarify Proposed Applicability

    Airbus asks that the applicability specified in paragraph (c) of 
the NPRM be clarified. Airbus notes that the language ``* * * except 
those identified in paragraphs (c)(1) and (c)(2) of this AD'' is 
misleading, because the exceptions are already included in paragraphs 
(c)(1) and (c)(2) of the AD.
    We agree with Airbus. We have changed paragraph (c) of this AD as 
follows: ``This AD applies to Airbus Model A330-300, A340-200, and 
A340-300 series airplanes; certificated in any category; as identified 
in paragraphs (c)(1) and (c)(2) of this AD.''

Request To Clarify Paragraphs (f)(1), (f)(2)(i), and (f)(2)(ii) of the 
NPRM

    Airbus also asks that the words ``of the aircraft'' be added to the 
applicable paragraphs after the words ``since first flight'' for 
clarification. Airbus notes that the missing text is confusing to 
operators, who are asking Airbus if ``since first flight'' refers to 
flight hours on the equipment or flight hours on the airplane.
    We agree with Airbus. It was our intent that the phrase ``since 
first flight'' apply to the subject airplanes, not equipment. 
Therefore, we have changed all applicable references in paragraphs 
(f)(1) through (f)(6) of this AD to specify ``since first flight of the 
airplane.''

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a note within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
16 products of U.S. registry. We also estimate that it takes 1 work-
hour per product to comply with the basic requirements of this AD. The 
average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of the AD on U.S. operators to be $1,280, or $80 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

[[Page 46315]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2009-18-20 Airbus: Amendment 39-16017. Docket No. FAA-2009-0264; 
Directorate Identifier 2008-NM-174-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-300, A340-200, and 
A340-300 series airplanes; certificated in any category; as 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes, manufacturer serial numbers (MSNs) up to 
and including MSN 588, except those on which Airbus Service Bulletin 
A330-27-3110 has been embodied in service.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
airplanes, MSNs up to and including MSN 598, except those on which 
Airbus Service Bulletin A340-27-4115 has been embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    The maintenance cover allows switching the servo-control from 
``Operational'' to ``Maintenance'' modes. The same cover is 
installed on all standard MZ spoiler servo-controls except on P/N 
MZ4339390-12 and MZ4306000-12, which have a reinforced maintenance 
cover. The rupture of the maintenance cover in flight may result in 
the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking). It may also result 
in the loss of the associated hydraulic system (external leakage). 
In the worst case, the three hydraulic systems may be affected, 
which constitutes an unsafe condition.
    For the reasons described above, this EASA (European Aviation 
Safety Agency) AD requires the identification and the modification 
of all standard MZ spoiler servo-controls with initial maintenance 
cover (P/N MZ4339390-01X, -02X, -10X for position 1 and P/N 
MZ4306000-01X, 02X, -10X for positions 2 to 6) into standard MZ 
servo-controls with reinforced maintenance cover (P/N MZ4339390-12 
for position 1 and P/N MZ4306000-12 for positions 2 to 6).
    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes that have accumulated more than 8,500 total 
flight cycles since first flight of the airplane as of the effective 
date of this AD: Do the actions required by paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, as applicable.
    (i) Within 3 months after the effective date of this AD: 
Identify the part number of spoiler servo-controls installed on the 
airplane at all positions in order to determine the number of 
affected hydraulic circuits in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-27A3154, 
Revision 01; or Airbus Mandatory Service Bulletin A340-27A4154, 
Revision 01; both dated July 25, 2008; as applicable. If there is no 
spoiler servo-control installed with a part number identified in 
Table 1 of this AD, no further action is required by this paragraph.
    (ii) If there is any spoiler servo-control installed with a part 
number identified in Table 1 of this AD, do all applicable actions 
required by paragraph (f)(2), (f)(3), or (f)(4) of this AD, as 
applicable.

               Table 1--Spoiler Servo-Control Part Numbers
------------------------------------------------------------------------
                Position 1                      Positions 2 through 6
------------------------------------------------------------------------
MZ4339390-01X.............................  MZ4306000-01X
MZ4339390-02X.............................  MZ4306000-02X
MZ4339390-10X.............................  MZ4306000-10X
------------------------------------------------------------------------

     (2) If three affected hydraulic circuits are identified during 
the inspection required by paragraph (f)(1) of this AD, do the 
actions required by paragraphs (f)(2)(i), (f)(2)(ii), and 
(f)(2)(iii) of this AD, at the time specified.
    (i) Before the accumulation of 10,400 total flight cycles since 
first flight of the airplane, or within 3 months after accomplishing 
the requirements of paragraph (f)(1)(i) of this AD, whichever occurs 
later: Modify the affected spoiler servo-controls on one hydraulic 
circuit in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-27-3110, Revision 03, dated September 3, 2008; 
or Airbus Service Bulletin A340-27-4115, Revision 01, dated March 2, 
2007; as applicable.
    (ii) Before the accumulation of 10,800 total flight cycles since 
first flight of the airplane, or within 6 months after accomplishing 
the requirements in paragraph (f)(1)(i) of this AD, whichever occurs 
later: Modify the affected spoiler servo-controls on the second 
hydraulic circuit in accordance with the

[[Page 46316]]

Accomplishment Instructions of Airbus Service Bulletin A330-27-3110, 
Revision 03, dated September 3, 2008; or Airbus Service Bulletin 
A340-27-4115, Revision 01, dated March 2, 2007; as applicable.
    (iii) Within 18 months after the effective date of this AD: 
Modify the remaining affected spoiler servo-controls in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A330-27-3110, Revision 03, dated September 3, 2008; or Airbus 
Service Bulletin A340-27-4115, Revision 01, dated March 2, 2007; as 
applicable.
    (3) If two affected hydraulic circuits are identified during the 
inspection required by paragraph (f)(1) of this AD, do the actions 
required by paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, at the 
time specified.
    (i) Before the accumulation of 10,800 total flight cycles since 
first flight of the airplane, or within 6 months after accomplishing 
the requirements specified in paragraph (f)(1)(i) of this AD, 
whichever occurs later: Modify the affected spoiler servo-controls 
on one hydraulic circuit in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-27-3110, Revision 03, 
dated September 3, 2008; or Airbus Service Bulletin A340-27-4115, 
Revision 01, dated March 2, 2007; as applicable.
    (ii) Within 18 months after the effective date of this AD: 
Modify the remaining affected spoiler servo-controls in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A330-27-3110, Revision 03, dated September 3, 2008; or Airbus 
Service Bulletin A340-27-4115, Revision 01, dated March 2, 2007; as 
applicable.
    (4) If one affected hydraulic circuit is identified during the 
inspection required by paragraph (f)(1) of this AD: Within 18 months 
after the effective date of this AD, modify the affected spoiler 
servo-controls in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3110, Revision 03, dated September 
3, 2008; or Airbus Service Bulletin A340-27-4115, Revision 01, dated 
March 2, 2007; as applicable.
    (5) For airplanes that have accumulated less than or equal to 
8,500 total flight cycles since first flight of the airplane as of 
the effective date of this AD: Do the actions required by paragraphs 
(f)(5)(i) and (f)(5)(ii) of this AD, as applicable.
    (i) Within 9 months after the effective date of this AD: Do the 
actions specified in paragraph (f)(1)(i) of this AD. If there is no 
spoiler servo-control installed with a part number identified in 
Table 1 of this AD, no further action is required by this paragraph.
    (ii) If there is any spoiler servo-control installed with a part 
number identified in Table 1 of this AD: Within 18 months after the 
effective date of this AD, modify all the affected spoiler servo-
controls in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3110, Revision 03, dated September 
3, 2008; or Airbus Service Bulletin A340-27-4115, Revision 01, dated 
March 2, 2007; as applicable.
    (6) As of the effective date of this AD, no person may install 
any spoiler servo-control with a part number identified in Table 1 
of this AD on any airplane as a replacement part, unless the part 
has been modified in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A330-27-3110, Revision 03, dated 
September 3, 2008; or Airbus Service Bulletin A340-27-4115, Revision 
01, dated March 2, 2007; as applicable.
    (7) Actions accomplished before the effective date of this AD in 
accordance with the service bulletins specified in Table 2 of this 
AD are considered acceptable for compliance with the corresponding 
requirements of this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
            Service Bulletin                     Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A330-27-3110....  Original...................  November 28, 2003.
Airbus Service Bulletin A330-27-3110....  01.........................  March 26, 2004.
Airbus Service Bulletin A330-27-3110....  02.........................  March 2, 2007.
Airbus Service Bulletin A340-27-4115....  Original...................  November 28, 2003.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: 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, Transport Airplane Directorate, 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: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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 EASA Airworthiness Directive 2008-0160, dated 
August 22, 2008, and the service bulletins specified in Table 3 of 
this AD, for related information.

                                      Table 3--Related Service Information
----------------------------------------------------------------------------------------------------------------
               Service Bulletin                 Revision level                         Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-                      01  July 25, 2008.
 27A3154.
Airbus Mandatory Service Bulletin A340-                      01  July 25, 2008.
 27A4154.
Airbus Service Bulletin A330-27-3110.........                03  September 3, 2008.
Airbus Service Bulletin A340-27-4115.........                01  March 2, 2007.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information contained in Table 4 of 
this AD to do the actions required by this AD, as applicable, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80, e-mail

[[Page 46317]]

[email protected]; Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.

                                   Table 4--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
               Service Bulletin                 Revision level                         Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-                      01  July 25, 2008.
 27A3154, excluding Appendix 1.
Airbus Mandatory Service Bulletin A340-                      01  July 25, 2008.
 27A4154, excluding Appendix 1.
Airbus Service Bulletin A330-27-3110.........                03  September 3, 2008.
Airbus Service Bulletin A340-27-4115.........                01  March 2, 2007.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21408 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P