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[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Proposed Rules]
[Pages 69594-69595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27839]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0972; Directorate Identifier 2002-NM-009-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for all Airbus Model A330 
series airplanes. The NPRM would have required replacement of the 
elevator servo-controls with new servo-controls when the existing parts 
have reached their operational life limit. Since the NPRM was issued, 
we have determined that more restrictive maintenance requirements and 
airworthiness limitations are necessary and that NPRM does not 
adequately address the identified unsafe condition. Accordingly, the 
NRPM is withdrawn.

DATES: As of November 20, 2013, the proposed rule, which was published 
in the Federal Register on September 18, 2003, (68 FR 54694), is 
withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; 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 action, the NPRM (68 FR 54694, 
September 18, 2003), the Mandatory Continuing Airworthiness Information 
(MCAI), the regulatory evaluation, any comments received, and other 
information. The address for the Docket Office (phone: 800-647-5527) is 
the Document 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 20590.

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 proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for all Airbus Model A330 series airplanes. The NPRM, FAA Docket No. 
FAA-2013-0972, Directorate Identifier 2002-NM-009-AD identified as the 
``Directorate Identifier'' in this AD action), was published in the 
Federal Register on September 18, 2003 (68 FR 54694). The NPRM proposed 
to correct an unsafe condition for the specified products.

[[Page 69595]]

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the aviation authority for France, issued French Airworthiness 
Directive 2001-545(B) R1, dated October 16, 2002 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    The operational life limits of the aircraft servo-controls, and 
in particular of the elevator servo-controls given in the Revision 8 
of AMM Chapter 05-11-00 Configuration 1 (dated September 15, 1999) 
are not addressed by the definition of the structural life limits of 
Safe Life items as defined in Section 9.1 (Life limits/Monitored 
parts) of the Airworthiness Limitations Section (located in the MPD 
Section 9) which replaces the aircraft AMM Chapter 05-11. As a 
result these life limits are removed from the above documents and 
integrated into this [French] Airworthiness Directive (AD).
    In addition, this [French] AD restates the life limits 
requirements of AD 95-032-008(B) R1, and introduces provisional 
operational life limits for P/N's SC-4800-7A and SC-4800-9.
    The aim of this [French] AD is to require the removal and 
replacement of the servo-controls when they have reached their 
operational life limits.
    The Revision 1 of this [French] AD aims to increase the 
operational life limit in active mode of Elevator Servo-controls P/N 
SC4800 listed in paragraph COMPLIANCE 3.2.3. of this [French] AD, 
following new test results demonstrating a provisional life of 
40,000 cycles and to remove reference of P/N SC4800-2 amendments A, 
B, C, D, E, F or G and SC4800-4 amendment H which are not anymore in 
service under this identification.

The NPRM (68 FR 54694, September 18, 2003) resulted from reports of 
cracking in the end caps and along the barrel on elevator servo-
controls that exceeded their operational life limits, which could lead 
to hydraulic leakage and internal damage within the servo-control. The 
proposed actions were intended to prevent hydraulic leakage and 
internal damage of the elevator servo-controls due to cracks in the end 
caps and along the barrel, which could result in a reduction in the 
elevator's protection against vibration or loss of the hydraulic 
circuit, and consequent reduced controllability of the airplane. You 
may obtain further information by examining the MCAI in the AD docket.

Actions Since NPRM (68 FR 54694, September 18, 2003) Was Issued

    Since we issued the NPRM (68 FR 54694, September 18, 2003), we have 
determined that more restrictive maintenance requirements and 
airworthiness limitations are necessary to adequately address the 
identified unsafe condition. French Airworthiness Directive 2001-545(B) 
R1, dated October 16, 2002, was superseded by The European Aviation 
Safety Agency (EASA) Airworthiness Directive 2012-0020, dated January 
30, 2012, which mandates the use of Airbus A330 Airworthiness 
Limitations Section (ALS) Part 4--Aging Systems Maintenance, Revision 
03, dated September 9, 2011. The replacement requirements and 
thresholds for parts originally defined in the NPRM are now contained 
in Airbus A330 ALS Part 4--Aging Systems Maintenance, Revision 03, 
dated September 9, 2011. We have issued NPRM Docket No. FAA-2013-0834, 
Directorate Identifier 2012-NM-045-AD (78 FR 66861, November 7, 2013), 
which corresponds to EASA Airworthiness Directive 2012-0020, dated 
January 30, 2012. The NPRM, FAA Docket No. FAA-2013-0834, Directorate 
Identifier 2012-NM-045-AD, applies to certain Airbus Model A330 and 
A340 series airplanes and proposes to mandate the requirements now 
contained in Airbus A330 ALS Part 4--Aging Systems Maintenance, 
Revision 03, dated September 9, 2011.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (68 FR 54694, September 
18, 2003) or on the determination of the cost to the public.

FAA's Conclusions

    Upon further consideration, we have determined that more 
restrictive maintenance requirements and airworthiness limitations are 
necessary to adequately address the unsafe condition identified in the 
NPRM (68 FR 54694, September 18, 2003), and that additional rulemaking 
is necessary. Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM (68 FR 54694, September 18, 2003) does not 
preclude the FAA from issuing another related action or commit the FAA 
to any course of action in the future.

Regulatory Impact

    Since this action only withdraws an NPRM (68 FR 54694, September 
18, 2003), it is neither a proposed nor a final rule and therefore is 
not covered under Executive Order 12866, the Regulatory Flexibility 
Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 
26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2013-0972, 
Directorate Identifier 2002-NM-009-AD, which published in the Federal 
Register on September 18, 2003 (68 FR 54694).

    Issued in Renton, Washington, on September 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-27839 Filed 11-19-13; 8:45 am]
BILLING CODE 4910-13-P
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