[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53635-53638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20110]


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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; 
Amendment 39-17567; AD 2013-17-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting 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 final 
rule 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 final rule requires 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 
final rule also requires eventual replacement of all affected WTBs with 
a new part, which terminates the repetitive tests. We are issuing this 
final rule to prevent loss of the WTB braking function, and consequent 
inability of the flap or slat system to be stopped and held in

[[Page 53636]]

position during operation, which could result in loss of control of the 
airplane.

DATES: This AD is effective October 4, 2013.
    The Director becomes the Federal Register approved the 
incorporation by reference of a certain publication listed in this 
final rule as of October 4, 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, 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. 
The NPRM published in the Federal Register on May 21, 2013 (78 FR 
29666). The NPRM proposed to correct an unsafe condition for the 
specified products. 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 
[(http://ad.easa.europa.eu/blob/easa_ad_2012_0082.pdf/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.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM (78 FR 29666, May 
21, 2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this final rule as proposed.

Costs of Compliance

    We estimate that this final rule affects 400 products of U.S. 
registry. We estimate that it takes about 7 work-hours per product to 
comply with the basic requirements of this final rule. Required parts 
would cost up to $2,422 per product. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of this final 
rule on U.S. operators to be up to $1,206,800, or up to $3,017 per 
product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to 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 control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is 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.

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 final rule 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);
    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.

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

[[Page 53637]]

contains this AD, the MCAI, 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.

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 airworthiness 
directive (AD):

2013-17-03 Airbus: Amendment 39-17567; Docket No. FAA-2013-0422; 
Directorate Identifier 2012-NM-097-AD.

(a) Effective Date

    This AD is effective October 4, 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.

(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.

[[Page 53638]]

    (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, for related information, which can be found in 
the AD docket on the Internet at http://www.regulations.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (q)(3) and (q)(4) of this AD.

(q) 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 Alert Operators Transmission A27L001-12, Revision 01, 
dated April 27, 2012.
    (ii) Reserved.
    (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 44 51; 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 August 9, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20110 Filed 8-29-13; 8:45 am]
BILLING CODE 4910-13-P