[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Proposed Rules]
[Pages 29666-29668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0422; Directorate Identifier 2012-NM-097-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 
certain Airbus Model A330-200 and -300 series airplanes; Model A340-200 
and -300 series airplanes; and Model A340-541 and -642 airplanes. This 
proposed AD was prompted by reports of wing tip brakes (WTBs) losing 
their braking function in service due to heavy wear on the brake discs. 
WTBs are designed to stop and hold the mechanical transmission of slats 
and flaps in certain failure cases. This proposed AD would require 
repetitive operational tests of certain WTB pressure-off-brakes (POBs) 
for performance on the flap and slat systems, and replacement of any 
affected WTB with a new or serviceable part if the test fails. This 
proposed AD would also require eventual replacement of all affected 
WTBs with a new part, which would terminate the repetitive tests. We 
are proposing this AD to prevent loss of the WTB braking function, and 
consequent inability of the flap or slat system to be stopped and held 
in position during operation, which could result in loss of control of 
the airplane.

DATES: We must receive comments on this proposed AD by July 5, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the Accomplishment 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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 44 51; email [email protected]; Internet http://www.airbus.com. You may review copies of the referenced 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.

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 proposed 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:

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-2013-0422; 
Directorate Identifier 2012-NM-097-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://www.regulations.gov, including any personal information you provide. We

[[Page 29667]]

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 EASA 
Airworthiness Directive 2012-0082, dated May 15, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Several wing tip brakes (WTB) have lost their braking function 
in service. Inspection by the manufacturer of these units revealed 
that the drive shaft was found free to rotate and the braking discs 
worn. Investigations are still on-going to determine the exact root 
cause.
    The WTB is a Pressure-Off-Brake (POB) with a multi-plate 
friction device operated by a spring pack. In operation, the brakes 
are released by dual hydraulic pistons controlled by electro-
hydraulic solenoid valves, energized by the Slat Flap Control 
Computers (SFCC). The purpose of the WTBs (4 per aeroplane) is to 
stop and hold the mechanical transmission in position in some 
specific failure cases. In such cases, the SFCCs de-energize their 
WTB solenoids, which remove the hydraulic pressure and lead to the 
application of the brakes.
    This condition, if not detected and corrected, could, in some 
specific failure cases, result in loss of control of the aeroplane.
    For the reasons described above, EASA issued AD 2010-0267 to 
require a one-time Operational Test of the WTB/POB performance on 
the flap and slat systems to detect any dormant failure and, 
depending on findings, applicable corrective actions. This AD also 
required the reporting of findings, including none, to the TC 
holder.
    Since issuance of EASA AD 2010-0267, additional occurrences have 
been reported. The results of the investigations revealed that WTB 
fitted with brake plates manufactured by JURID (Part Number (P/N) 
1007A0000-03, P/N 1007A0000-04, or P/N 1007A0000-05) are more 
sensitive to wear than those manufactured by MIBA (P/N 1007A0000-06 
or P/N 1007B0000-01).
    For the reason described above, this AD retains the requirements 
of EASA AD 2010-0267, which is superseded, and requires:
     a repetitive Operational Test of the WTB/POB 
performance on the flap and slat systems, and
     embodiment of the terminating action which consists in 
the installation of WTB standard build on brake plates manufactured 
by MIBA.

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

Relevant Service Information

    Airbus has issued Alert Operators Transmission A27L001-12, Revision 
01, dated April 27, 2012.
    The actions described in the service information are intended to 
correct the unsafe condition identified in the MCAI.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 65 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $11,050, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $9,987 (per unit--
four units per airplane), for a cost of $10,327 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 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);
    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 proposed 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.

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

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:

Airbus: Docket No. FAA-2013-0422; Directorate Identifier 2012-NM-
097-AD.

(a) Comments Due Date

    We must receive comments by July 5, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
243, -223F, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes; Model A340-211, -212, -213, -311, -312, and -313 
airplanes; and Model A340-541 and Model A340-642 airplanes; 
certificated in any category; all manufacturer serial numbers.

[[Page 29668]]

(d) Subject

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

(e) Reason

    This AD was prompted by reports of wing tip brakes (WTBs) losing 
their braking function in service due to heavy wear on the brake 
discs. We are issuing this AD to detect and correct failure of the 
WTB and consequent loss of control of the airplane.

(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) Part Number Determination

    Within 30 days after the effective date of this AD: Inspect to 
determine the part number (P/N) of the four WTBs of the flap and 
slat systems, in accordance with the Instructions of Airbus Alert 
Operators Transmission (AOT) A27L001-12, Revision 01, dated April 
27, 2012. A review of the Airbus airplane inspection report (AIR) or 
airplane maintenance records is acceptable to identify the part 
number of the WTB installed, provided that part number can be 
conclusively determined from that review.

(h) Repetitive Operational Tests

    For any WTB having P/N 1007A0000-03, P/N 1007A0000-04, or P/N 
1007A0000-05, as determined by paragraph (g) of this AD: At the 
later of the times specified in paragraphs (h)(1) and (h)(2) of this 
AD, and thereafter at intervals not to exceed 1,000 flight hours, 
perform an operational test of the WTB on the affected flap and/or 
slat systems in accordance with the Instructions of Airbus AOT 
A27L001-12, Revision 01, dated April 27, 2012.
    (1) Within 1,000 flight hours since the last accomplishment of 
A330/A340 Maintenance Review Board Report (MRBR) tasks 27.50.00/14 
and 27.80.00/10, or since first flight of the airplane, whichever 
occurs later.
    (2) Within 30 days after the effective date of this AD.

(i) Replacement of WTBs That Fail the Operational Test

    If any WTB operational test fails, before further flight, 
replace the affected WTB with a serviceable WTB, in accordance with 
the Instructions of Airbus AOT A27L001-12, Revision 01, dated April 
27, 2012. Installation of a WTB having P/N 1007A0000-03, P/N 
1007A0000-04, or P/N 1007A0000-05, does not constitute terminating 
action for the repetitive tests required by paragraph (h) of this 
AD.

(j) Replacement of WTBs

    Within 26 months after the effective date of this AD, replace 
each WTB having P/N 1007A0000-03, P/N 1007A0000-04, or P/N 
1007A0000-05 with a WTB having P/N 1007A0000-06, in accordance with 
the Instructions of Airbus AOT A27L001-12, Revision 01, dated April 
27, 2012. Accomplishing the replacement required by this paragraph 
constitutes terminating action for the repetitive operational tests 
required by paragraph (h) of this AD.

(k) Optional Installation

    As an alternative to accomplishing the replacement required by 
paragraph (j) of this AD, installation of a WTB having P/N 
1007B0000-01, in accordance with the Instructions of Airbus AOT 
A27L001-12, Revision 01, dated April 27, 2012, is acceptable for 
compliance with the requirements of paragraph (j) of this AD and 
constitutes terminating action for the repetitive operational tests 
required by paragraph (h) of this AD.

(l) Parts Installation Prohibition and Limitation

    (1) For airplanes on which Airbus Modification 43512 has been 
embodied in production: As of the effective date of this AD, 
installing a WTB having P/N 1007A0000-03, P/N 1007A0000-04, or P/N 
1007A0000-05 is not allowed.
    (2) For airplanes on which Airbus Modification 43512 has not 
been embodied in production: Installing a WTB having P/N 1007A0000-
03, P/N 1007A0000-04, or P/N 1007A0000-05 is allowed; provided that 
after its installation the operational test is performed before 
further flight, and passed successfully, in accordance with the 
Instructions of Airbus AOT A27L001-12, Revision 01, dated April 27, 
2012.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g), (h), (i), (j), and (k) of this AD, if those actions 
were performed before the effective date of this AD using Airbus AOT 
A27L001-12, dated April 26, 2012, which is not incorporated by 
reference in this AD.

(n) Reporting to Airbus

    Submit a report of the initial identification of the part 
numbers of the WTBs required by paragraph (g) of this AD, and a 
report of the findings of each operational test required by 
paragraph (h) of this AD (both positive and negative), to Airbus, 
Customer Services, Engineering and Technical Support, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex France, Attn: Daniel Lopez-
Fernandez, SEEL6; fax: (+33) 5 61 93 04 52; email: [email protected]; at the applicable time specified in paragraph 
(n)(1) or (n)(2) of this AD.
    (1) If the action was done on or after the effective date of 
this AD: Submit the report within 90 days after accomplishing the 
action.
    (2) If the action was done before the effective date of this AD: 
Submit the report within 90 days after the effective date of this 
AD.

(o) Other FAA AD Provisions

    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. 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, 
Washington 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing Instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information, 
European Aviation Safety Agency Airworthiness Directive 2012-0082, 
dated May 15, 2012; and Airbus Alert Operators Transmission A27L001-
12, Revision 01, dated April 27, 2012, for related information.
    (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; email [email protected]; 
Internet http://www.airbus.com. You may review copies of the 
referenced 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.

    Issued In Renton, Washington, on May 13, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12076 Filed 5-20-13; 8:45 am]
BILLING CODE 4910-13-P