[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53156-53159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24447]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0907; Directorate Identifier 2009-NM-072-AD; 
Amendment 39-16042; AD 2009-21-05]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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

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:

    An A340-300 aeroplane experienced the opening of the engine 
n[deg]3 lower left thrust reverser pivoting door during climb.
    This event was the result of a primary lock malfunction and non-
engagement of the secondary lock.
* * * * *
    Deployment of one thrust reverser door in flight and during the 
take-off constitutes an unsafe condition.
* * * * *

Deployment of one thrust reverser door in flight or during take-off 
could result in reduced controllability of the airplane. This AD 
requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective November 2, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in the AD as of November 2, 
2009.
    We must receive comments on this AD by November 16, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this AD, 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.

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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0063, dated March 11, 2009, and corrected 
March 20, 2009 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    An A340-300 aeroplane experienced the opening of the engine 
n[deg]3 lower left thrust reverser pivoting door during climb.
    This event was the result of a primary lock malfunction and non-
engagement of the secondary lock.
    Preliminary investigations have revealed two main findings:

--The primary lock lever arm of the affected door was contaminated 
with lubrication fluid, which is a known contributor to incorrect 
operation;
--The actuator of the deployed door was found with 3 shim sets 
installed whereas the system is designed for a maximum of one shim 
set. It is considered that installation of three shim sets has a 
detrimental effect on the secondary lock capacity to engage in case 
of primary lock failure.

    Deployment of one thrust reverser door in flight and during the 
take-off constitutes an unsafe condition.
    In order to ensure that the fleet is clear from unauthorized 
actuator shimming configurations which may lead to non-engagement of 
the secondary lock, EASA AD 2008-0074 required a one-time visual 
inspection to check that no more than one shim set per pivoting door 
actuator was installed.

[[Page 53157]]

    Another A340-300 experienced a similar event after the 
publication of AD 2008-0074.
    Airbus and CFM are currently investigating the root cause.
    As a consequence, Airbus has defined a one-time inspection 
programme [for defects] to decrease the thrust reverser sensitivity 
to primary lock release.
    This AD requires the accomplishment of a one-time [detailed] 
inspection programme which consists in [the following actions]:

--Primary lock inspection [for improper locking],
--Pivoting door seal inspection [for defective seal],
--Pivoting door actuator gimbal gap inspection [for gaps exceeding 
limits],
--Pivoting door hydraulic actuators inspection to check that one 
shim set is installed (consequently [EASA] AD 2008-0074, which 
required to check the installation of one shim set only per pivoting 
door actuator, is superseded by this [EASA] AD [2009-0063]),
--Pivoting door adjustment [to ensure proper operation of pivoting 
door], and their associated corrective actions.

    Further mandatory action is foreseen (introduction of Additional 
Return Line restrictor on external engines).

* * * * *
Deployment of one thrust reverser door in flight or during take-off 
could result in reduced controllability of the airplane. Corrective 
actions include replacing with new or serviceable parts the thrust 
reverser pivoting door primary lock, the thrust reverser pivoting door, 
and the thrust reverser pivoting door actuator; removing excess shims 
from the thrust reverser pivoting door actuator or adding a shim; and 
adjusting the thrust reverser pivoting door. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telex A340-78A4040, dated February 
18, 2009. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0907; Directorate 
Identifier 2009-NM-072-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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.

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:

2009-21-05 Airbus: Amendment 39-16042. Docket No. FAA-2009-0907; 
Directorate Identifier 2009-NM-072-AD.

[[Page 53158]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
2, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, and -213 
series airplanes; and Model A340-311, -312, and -313 series 
airplanes; certificated in any category; all manufacturer serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 78: Engine 
exhaust.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    An A340-300 aeroplane experienced the opening of the engine 
n[deg]3 lower left thrust reverser pivoting door during climb.
    This event was the result of a primary lock malfunction and non-
engagement of the secondary lock.
    Preliminary investigations have revealed two main findings:

--The primary lock lever arm of the affected door was contaminated 
with lubrication fluid, which is a known contributor to incorrect 
operation;
--The actuator of the deployed door was found with 3 shim sets 
installed whereas the system is designed for a maximum of one shim 
set. It is considered that installation of three shim sets has a 
detrimental effect on the secondary lock capacity to engage in case 
of primary lock failure. Deployment of one thrust reverser door in 
flight and during the take-off constitutes an unsafe condition.

    In order to ensure that the fleet is clear from unauthorized 
actuator shimming configurations which may lead to non-engagement of 
the secondary lock, EASA AD 2008-0074 required a one-time visual 
inspection to check that no more than one shim set per pivoting door 
actuator was installed.
    Another A340-300 experienced a similar event after the 
publication of AD 2008-0074.
    Airbus and CFM are currently investigating the root cause.
    As a consequence, Airbus has defined a one-time inspection 
programme [for defects] to decrease the thrust reverser sensitivity 
to primary lock release.
    This AD requires the accomplishment of a one-time [detailed] 
inspection programme which consists in [the following actions]:

--Primary lock inspection [for improper locking],
--Pivoting door seal inspection [for defective seal],
--Pivoting door actuator gimbal gap inspection [for gaps exceeding 
limits],
--Pivoting door hydraulic actuators inspection to check that one 
shim set is installed (consequently [EASA] AD 2008-0074, which 
required to check the installation of one shim set only per pivoting 
door actuator, is superseded by this [EASA] AD [2009-0063]),
--Pivoting door adjustment [to ensure proper operation of pivoting 
door], and their associated corrective actions.

    Further mandatory action is foreseen (introduction of Additional 
Return Line restrictor on external engines).
* * * * *
Deployment of one thrust reverser door in flight or during take-off 
could result in reduced controllability of the airplane. Corrective 
actions include replacing with new or serviceable parts the thrust 
reverser pivoting door primary lock, the thrust reverser pivoting 
door, and the thrust reverser pivoting door actuator; removing 
excess shims from the thrust reverser pivoting door actuator or 
adding a shim; and adjusting the thrust reverser pivoting door.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,800 flight hours after the effective date of this 
AD, do the detailed inspections for the discrepancies identified in 
paragraphs (f)(1)(i), (f)(1)(ii), (f)(1)(iii), (f)(1)(iv), and 
(f)(1)(v) of this AD, in accordance with the applicable paragraph of 
Airbus All Operators Telex A340-78A4040, dated February 18, 2009 
(``the AOT'').
    (i) Improper locking of the thrust reverser pivoting door 
primary lock as specified in paragraph 4.2.1 of the AOT.
    (ii) Defects of the thrust reverser pivoting door seal as 
specified in paragraph 4.2.2 of the AOT.
    (iii) Gaps exceeding limits of the thrust reverser pivoting door 
actuator gimbal as specified in paragraph 4.2.3 of the AOT.
    (iv) Incorrect number of shim sets is installed on the thrust 
reverser pivoting door hydraulic actuator as specified in paragraph 
4.2.4 of the AOT.
    (v) Incorrect adjustment of the thrust reverser pivoting door as 
specified in paragraph 4.2.5 of the AOT.
    (2) If any discrepancy is found during the inspections required 
by paragraph (f)(1) of this AD, before further flight, do all 
applicable corrective actions required by paragraphs (f)(2)(i), 
(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), and (f)(2)(v) of this AD, in 
accordance with the applicable paragraph of Airbus All Operators 
Telex A340-78A4040, dated February 18, 2009 (``the AOT''); except 
that if a replacement actuator is not available, the airplane may be 
dispatched with the thrust reverser inhibited per Master Minimum 
Equipment List reference 2.10.
    (i) Replace the thrust reverser pivoting door primary lock with 
a new or serviceable thrust reverser pivoting door primary lock in 
accordance with paragraph 4.2.1 of the AOT.
    (ii) Replace the thrust reverser pivoting door with a new or 
serviceable thrust reverser pivoting door in accordance with 
paragraph 4.2.2 of the AOT.
    (iii) Replace the thrust reverser pivoting door actuator with a 
new or serviceable thrust reverser pivoting door actuator in 
accordance with paragraph 4.2.3 of the AOT.
    (iv) Remove excess shims from the thrust reverser pivoting door 
actuator or add a shim in accordance with paragraph 4.2.4 of the 
AOT.
    (v) Adjust the thrust reverser pivoting door in accordance with 
paragraph 4.2.5 of the AOT.

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. 
The AMOC approval letter must specifically reference this AD.
    (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 Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2009-0063, dated March 11, 2009, and corrected March 20, 
2009; and Airbus All Operators Telex A340-78A4040, dated February 
18, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus All Operators Telex A340-78A4040, dated 
February 18, 2009, to do the actions required by this AD, unless the 
AD specifies otherwise. (The issue date of this document is 
specified only on the first page of the document.)
    (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 [email protected]; 
Internet http://www.airbus.com.

[[Page 53159]]

    (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.

    Issued in Renton, Washington, on September 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24447 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-13-P