[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Rules and Regulations]
[Pages 15-17]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0999; Directorate Identifier 2012-NM-049-AD; 
Amendment 39-17300; AD 2012-26-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A330-200 Freighter series airplanes, Model A330-200 series 
airplanes, Model A330-300 series airplanes, Model A340-200 series 
airplanes, and Model A340-300 series airplanes. This AD was prompted by 
a report of an in-flight turn back after the nose landing gear (NLG) 
did not retract after take-off. This AD requires repetitive overhaul of 
the NLG retraction actuator. We are issuing this AD to prevent failure 
of the retraction actuator, which could cause collapse of the NLG after 
touchdown and possible injury to flightcrew and passengers.

DATES: This AD becomes effective February 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 6, 
2013.

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, WA 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 September 24, 2012 
(77 FR 58789). That NPRM proposed to correct an unsafe condition for 
the specified products. The Mandatory Continuing Airworthiness 
Information (MCAI) states:

    An A330 aeroplane experienced an in-flight turn back due to 
inability to retract the NLG [nose landing gear] after take-off.
    The subsequent technical investigations revealed that the NLG 
retraction actuator eye-end fitting was detached from the retraction 
actuation rod, that both the eye-end male threads and piston rod 
female threads were almost completely stripped, and that there was 
evidence of significant corrosion on these parts. Further 
investigations have shown that corrosion caused the retraction 
actuator eye failure.
    This condition, if not corrected, could lead to NLG collapse 
after touchdown, potentially resulting in damage to the aeroplane 
and injury to its occupants.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD requires accomplishment of an overhaul of the NLG 
retraction actuator. This [EASA] AD also defines the Time Between 
Overhaul (TBO) for the NLG retraction actuator to be 10 years.

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

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 58789, September 
24, 2012) or on the determination of the cost to the public.

[[Page 16]]

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 58789, September 24, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 58789, September 24, 2012).

Costs of Compliance

    We estimate that this AD will affect 65 products of U.S. registry. 
We also estimate that it will take about 16 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $88,400 or $1,360 per product.
    Should an operator elect to accomplish an optional replacement 
instead, we estimate that any optional replacement action would take 
about 16 work-hours and require parts costing $94,000 for a cost of 
$95,360 per product. We have no way of determining the number of 
products that may need these actions.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (77 FR 58789, September 24, 
2012), 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

    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:

2012-26-05 Airbus: Amendment 39-17300. Docket No. FAA-2012-0999; 
Directorate Identifier 2012-NM-049-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 6, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
223F, A330-243, A330-243F, A330-301, A330-302, A330-303, A330-321, 
A330-322, A330-323, A330-341, A330-342, and A330-343 airplanes, all 
manufacturer serial numbers (MSN).
    (2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, and A340-313 airplanes, all MSN.

(d) Subject

    Air Transport Association (ATA) of America Code 32; Landing 
gear.

(e) Reason

    This AD was prompted by a report of an in-flight turn-back after 
the nose landing gear (NLG) did not retract after take-off. We are 
issuing this AD to prevent failure of the retraction actuator, which 
could cause collapse of the NLG after touchdown and possible injury 
to flightcrew and passengers.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    At the applicable compliance time specified in paragraph (g)(1) 
or (g)(2) of this AD, whichever occurs later: Do an overhaul of the 
NLG retraction actuator, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-32-3255, 
dated October 13, 2011 (for Model A330 series airplanes); or Airbus 
Mandatory Service Bulletin A340-32-4291, dated October 13, 2011 (for 
Model A340 series airplanes). Repeat the overhaul thereafter at 
intervals not to exceed 10 years.
    (1) Prior to the accumulation of 10 years since the NLG 
retraction actuator's first flight on an airplane, or from its first 
flight following its last overhaul.
    (2) At the applicable time specified in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this AD.
    (i) If, on the effective date of this AD, the NLG retraction 
actuator has accumulated more than 8 years, and less than 14 years, 
from its first flight on an airplane: Within 24 months after the 
effective date of this AD, or prior to the accumulation of 15 years 
since the NLG retraction actuator's first flight on an airplane, 
whichever occurs first.
    (ii) If, on the effective date of this AD, the NLG retraction 
actuator has accumulated 14 years or more since its first flight on 
an airplane: Within 12 months after the effective date of this AD.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install on an 
airplane any NLG retraction actuator, unless it has been overhauled 
in accordance with the requirements of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

[[Page 17]]

    (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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2012-0034, dated February 29, 2012, and the service 
information identified in paragraphs (j)(1) and (j)(2) of this AD, 
for related information.
    (1) Airbus Mandatory Service Bulletin A330-32-3255, dated 
October 13, 2011.
    (2) Airbus Mandatory Service Bulletin A340-32-4291, dated 
October 13, 2011.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A330-32-3255, dated 
October 13, 2011.
    (ii) Airbus Mandatory Service Bulletin A340-32-4291, dated 
October 13, 2011.
    (3) 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; email [email protected]; 
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 17, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-31004 Filed 12-31-12; 8:45 am]
BILLING CODE 4910-13-P