[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44663-44666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17468]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0228; Directorate Identifier 2013-NM-216-AD; 
Amendment 39-17911; AD 2014-15-09]
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, A330-200 and -300, and A340-200, -300, 
-500, and -600 series airplanes. This AD was prompted by reassessment 
of an unsafe condition related to MZ-type spoiler servo-controls (SSCs) 
that did not remain locked in the retracted position (hydraulic locking 
function) after manual depressurization of the corresponding hydraulic 
circuit. This reassessment resulted in the determination that 
performing repetitive operational tests of all SSC types is necessary. 
This AD requires repetitive operational tests of the hydraulic locking 
function on each SSC installed on the blue or yellow hydraulic 
circuits, and replacing any affected SSC with a serviceable SSC. We are 
issuing this AD to detect and correct loss of the hydraulic locking 
function during take-off, which, in combination with one inoperative 
engine, could result in reduced controllability of the airplane.

DATES: This AD becomes effective September 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 5, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0228 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 view this 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.

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 by adding an AD that would apply to all Airbus Model A330-200 
Freighter, A330-200 and -300, and A340-200, -300, -500, and -600 series 
airplanes. The NPRM published in the Federal Register on April 14, 2014 
(79 FR 20839).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0251 dated October 15, 2013; Correction 
dated October 16, 2013 (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:

    During post-flight maintenance checks accomplished on an A330 
and on an A340 airplane, it was identified that seven spoiler servo-
controls MZ series had lost their hydraulic locking function. The 
results of the subsequent technical investigation accomplished in-
shop by the part supplier confirmed the system failure was due to a 
sheared seal on the blocking valve, ensuring the blocking function 
of the spoiler. It is suspected that the seal damage may have 
occurred during accomplishment of a modification to fit a new design 
of maintenance cover on wing, required by EASA AD 2008-0160 [http://ad.easa.europa.eu/blob/easa_ad_2008_0160.pdf/AD_2008-0160], 
[which corresponds to FAA AD 2009-18-20, Amendment 39-16017 (74 FR 
46313, September 9, 2009)].

[[Page 44664]]

    This condition, if not detected and corrected, in combination 
with one engine inoperative at take-off, could result in reduced 
control of the aeroplane.
    Prompted by these findings, Airbus issued All Operators Telex 
(AOT) A330-27A3185 and AOT A340-27A4181 to request a one-time 
operational test of the Hydraulic Locking Function for aeroplanes on 
which MZ type Spoiler Servo Control (SSC) Part Number (P/N) 
MZ4339390-12 or P/N MZ4306000-12 are fitted, and EASA issued AD 
2012-0009 [http://ad.easa.europa.eu/blob/easa_ad_2012_0009.pdf/AD_2012-0009, which corresponds to FAA AD 2012-25-10, Amendment 39-
17291 (77 FR 76228, December 27, 2012)] to require accomplishment of 
this test.
    Since that [EASA] AD was issued, Airbus re-assessed the 
situation and determined that it is necessary to introduce 
repetitive inspections [operational tests] of the SSC, irrespective 
of SSC type. Airbus issued three SBs for those repetitive 
inspections [operational tests] on all A330, A340, and A340-500/600 
aeroplanes.
    For the reason described above, this [EASA] AD requires 
repetitive operational tests of the hydraulic locking function of 
the SSC installed on the Blue and Yellow hydraulic circuits, 
irrespective of the SSC type, and, depending on test results, 
replacement of the SSC.
    This [EASA] AD has been republished to correct the date of 
publication.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0228-0002.

Revised Service Information

    Since the NPRM (79 FR 20839, April 14, 2014) was published, we have 
received the following revised service information:

 Airbus Service Bulletin A330-27-3195, Revision 01, dated 
February 6, 2014.
 Airbus Service Bulletin A340-27-4188, Revision 01, dated 
February 6, 2014.
 Airbus Service Bulletin A340-27-5059, Revision 01, dated 
February 6, 2014.

    We have determined that this service information does not add any 
additional actions to those proposed in the NPRM (79 FR 20839, April 
14, 2014); therefore, we have revised paragraph (g) of this AD to refer 
to that service information. We have also added a new paragraph (h) to 
this AD (and redesignated subsequent paragraphs accordingly) to provide 
credit for actions performed before the effective date of this AD using 
the following service information:

 Airbus Service Bulletin A330-27-3195, dated December 7, 2012.
 Airbus Service Bulletin A340-27-4188, dated December 7, 2012.
 Airbus Service Bulletin A340-27-5059, dated April 10, 2013.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 20839, April 14, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 20839, April 14, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, we proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    No comments were provided to the NPRM (79 FR 20839, April 14, 2014) 
about these proposed changes. However, a comment was provided for an 
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

[[Page 44665]]

    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design Authority for the 
DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 20839, April 14, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 20839, April 14, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 77 airplanes of U.S. registry.
    We also estimate that it takes about 6 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 
the AD on U.S. operators to be $39,270, or $510 per product.
    We estimate that it takes about 3 work-hours per product to do any 
necessary SSC replacement that would be required based on the results 
of the operational test. Required parts cost about $35,000 per SSC. We 
have no way of determining the number of aircraft that might need these 
replacements.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0597; or in person at the 
Docket Management Facility 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.

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

    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):

2014-15-09 Airbus: Amendment 39-17911. Docket No. FAA-2014-0228; 
Directorate Identifier 2013-NM-216-AD.

(a) Effective Date

    This AD becomes effective September 5, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -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 -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 reassessment of an unsafe condition 
related to MZ-type spoiler servo-controls (SSCs) that did not remain 
locked in the retracted position (hydraulic locking function) after 
manual depressurization of the corresponding hydraulic circuit. This 
reassessment resulted in the determination that performing 
repetitive operational tests of all SSC types is necessary. We are 
issuing this AD to detect and correct loss of the hydraulic locking 
function during take-off, which, in combination with one inoperative 
engine, could result in reduced controllability of the airplane.

[[Page 44666]]

(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) Repetitive Operational Tests

    (1) At the time specified in paragraph (g)(2) of this AD: 
Accomplish an operational test of the hydraulic locking function on 
each SSC (any type), when fitted on the Blue or Yellow hydraulic 
circuits, in accordance with the Accomplishment Instructions of the 
applicable service information identified in paragraph (g)(1)(i), 
(g)(1)(ii), or (g)(1)(iii) of this AD. Repeat the operational test 
thereafter at intervals not to exceed 48 months.
    (i) Airbus Service Bulletin A330-27-3195, Revision 01, dated 
February 6, 2014 (for Model A330-200 Freighter, A330-200 and -300 
series airplanes).
    (ii) Airbus Service Bulletin A340-27-4188, Revision 01, dated 
February 6, 2014 (for Model A340-200, and -300 series airplanes).
    (iii) Airbus Service Bulletin A340-27-5059, Revision 01, dated 
February 6, 2014 (for Model A340-500 and -600 series airplanes).
    (2) At the latest of the times specified in paragraphs 
(g)(2)(i), (g)(2)(ii), and (g)(2)(iii) of this AD, do the 
operational test specified in paragraph (g)(1) of this AD.
    (i) Within 48 months since first flight of the airplane.
    (ii) Within 48 months since accomplishing the most recent 
operational test, as specified in the applicable Airbus All 
Operators Telex (AOT) A330-27A3185; or AOT A340-27A4181; both dated 
January 4, 2012. These AOTs were incorporated by reference in AD 
2012-25-10, Amendment 39-17291 (77 FR 76228, December 27, 2012).
    (iii) Within 24 months after the effective date of this AD.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the applicable service information 
identified in paragraph (h)(1), (h)(2), or (h)(3) of this AD, which 
is not incorporated by reference in this AD.
    (i) Airbus Service Bulletin A330-27-3195, dated December 7, 
2012.
    (ii) Airbus Service Bulletin A340-27-4188, dated December 7, 
2012.
    (iii) Airbus Service Bulletin A340-27-5059, dated April 10, 
2013.

(i) Replacement of Affected SSCs

    If, during any operational test required by paragraph (g)(1) of 
this AD, the hydraulic locking function of an SSC fails the test, 
before further flight, replace the affected SSC with a serviceable 
part, in accordance with the Accomplishment Instructions of the 
applicable service bulletin specified in paragraph (g)(1)(i), 
(g)(1)(ii), or (g)(1)(iii) of this AD.

(j) No Terminating Action

    Doing the replacement required by paragraph (i) of this AD is 
not terminating action for the repetitive operational tests required 
by paragraph (g)(1) of this AD.

(k) 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, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0251 dated October 15, 2013; Correction dated October 16, 2013, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0228-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-27-3195, Revision 01, dated 
February 6, 2014.
    (ii) Airbus Service Bulletin A340-27-4188, Revision 01, dated 
February 6, 2014.
    (iii) Airbus Service Bulletin A340-27-5059, Revision 01, dated 
February 6, 2014.
    (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 view this 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 July 17, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17468 Filed 7-31-14; 8:45 am]
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