29666 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Proposed Rules 

appropriate, with due regard to the 

expense involved. 

(b) If any property is seized and 

forfeited under the Endangered Species 

Act, 16 U.S.C. 1531 et seq., any person 

whose act or omission was the basis for 

the seizure shall be assessed the amount 

of the expenses incurred in connection 

with the transfer, board, handling 

(including care and maintenance of live 

plants), or storage of such property. If 

any property is seized with regard to a 

violation of the Lacey Act Amendments 

of 1981, 16 U.S.C. 3371 et seq., any 

person convicted or assessed a civil 

penalty under the Lacey Act shall be 

assessed the amount of the expenses 

incurred in connection with the storage, 

care, and maintenance of the property at 

issue in the violation. 

(c) Within a reasonable time after 

forfeiture, APHIS shall send to such 

person by registered or certified mail, 

return receipt requested, an invoice for 

the amount of the expenses. The invoice 

shall contain an itemized statement of 

the applicable expenses, together with 

instructions on the time and manner of 

payment. Payment shall be made in 

accordance with the invoice. 

(d) The recipient of any assessment of 

expenses under this section who has an 

objection to the reasonableness of the 

expenses described in the invoice may 

file, within 30 calendar days of the date 

upon which the invoice is received, 

written objections with the 

Administrator by submitting it to the 

National CITES Coordinator, PPQ, 

APHIS, 4700 River Road Unit 52 

Riverdale, MD 20737. An objection is 

deemed filed when it is received by the 

National CITES Coordinator. 

(e) The Administrator will promptly 

review the objections and mail his or 

her final decision to the party who filed 

the objection. The Administrator’s 

decision shall constitute the final 

administrative action on the matter. 

§ 356.10 Disposal of property. 

Upon a waiver of title or upon 

forfeiture of property to the United 

States under this part, such property 

shall be disposed of in a manner that is 

most convenient, appropriate, and in 

accordance with law. The person 

responsible for the violation that was 

the basis of the seizure shall not receive 

financial or other gain from the 

disposal. 

§ 356.11 Computation of time. 

Saturdays, Sundays, and Federal 

holidays shall be included in computing 

the time allowed for in this part, 

provided that, when such time expires 

on a Saturday, Sunday, or Federal 

holiday, such period shall be extended 

to include the next following business 

day. 

Done in Washington, DC, this 14th day of 

May 2013. 

Max Holtzman, 

Acting Deputy Under Secretary for Marketing 

and Regulatory Programs. 

[FR Doc. 2013–12048 Filed 5–20–13; 8:45 am] 

BILLING CODE 3410–34–P 

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). 

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 

account.airworth-eas@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, 

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 


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Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Proposed Rules 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 deenergize 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


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(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: 

daniel.lopez-fernandez@airbus.com; 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: 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. 

(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 

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 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 


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