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[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Proposed Rules]
[Pages 58789-58791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23433]

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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]
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 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 proposed 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 proposed AD would 
require repetitive overhaul of the NLG retraction actuator. We are 
proposing this AD to prevent failure of the retraction actuator, which 
could cause collapse of the NLG after

[[Page 58790]]

touchdown and possible injury to flightcrew and passengers.

DATES: We must receive comments on this proposed AD by November 8, 
2012.

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 W12-140, 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 45 80; email airworthiness.A330-A340@airbus.com; 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, WA 98057-3356; phone: (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-2012-0999; 
Directorate Identifier 2012-NM-049-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 
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 2012-0034, dated February 29, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The 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 [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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-32-3255 and 
A340-32-4291, both including Appendices 01 and 02, both dated October 
13, 2011. 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 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 16 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 $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 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:

[[Page 58791]]

    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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0999; Directorate Identifier 2012-NM-
049-AD.

(a) Comments Due Date

    We must receive comments by November 8, 2012.

(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 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 series airplanes, 
all manufacturer serial numbers (MSN).
    (2) Airbus 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, 
excluding Appendices 01 and 02, dated October 13, 2011 (for Model 
A330 airplanes); or Airbus Mandatory Service Bulletin A340-32-4291, 
excluding Appendices 01 and 02, dated October 13, 2011 (for Model 
A340 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, do not install on an 
airplane any NLG retraction actuator, unless in compliance with the 
requirements of this AD.

(i) 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; phone: (425) 227-1138; fax: (425) 227-1149. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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

    (1) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2012-0034, dated February 29, 2012, and the 
service information identified in paragraphs (j)(1)(i) and 
(j)(1)(ii) of this AD, for related information.
    (i) Airbus Mandatory Service Bulletin A330-32-3255, excluding 
Appendices 01 and 02, dated October 13, 2011.
    (ii) Airbus Mandatory Service Bulletin A340-32-4291, excluding 
Appendices 01 and 02, dated October 13, 2011.
    (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 airworthiness.A330-A340@airbus.com; 
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 September 12, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-23433 Filed 9-21-12; 8:45 am]
BILLING CODE 4910-13-P
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