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[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Proposed Rules]
[Pages 58327-58330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23217]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0995; Directorate Identifier 2012-NM-056-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 A330-300 series airplanes and Model A340-200 and -300 
series airplanes. This proposed AD was prompted by reports that, during 
a flight test, several spoiler servo-controls (SSCs) did not remain 
locked in the retracted position (hydraulic locking function) after 
manual depressurization of the corresponding hydraulic circuit. Loss of 
that locking function--which is ensured by a blocking valve--was caused 
by an internal leak from a sheared seal on the blocking valve. This 
proposed AD would require inspecting to determine if certain SSCs are 
installed, performing an operational test of any affected SSC, and 
replacing if necessary. We are proposing this AD to prevent loss of the 
hydraulic locking function during take-off and go-around phases, which, 
in combination with malfunction of one engine, could result in reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 5, 
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, Washington. 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,

[[Page 58328]]

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-2012-0995; 
Directorate Identifier 2012-NM-056-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 2012-0009, dated January 13, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Two operators have reported that several spoilers did not remain 
locked in the retracted position (lifted up without order) after 
manual depressurization of the corresponding hydraulic circuit 
during flight test.
    Subsequent checks on ground confirmed that, for each affected 
spoiler surface, the spoiler was fitted with one MZ-type Spoiler 
Servo Control (SSC) (Part Number (P/N) MZ4339390-12 or P/N 
MZ4306000-12).
    The results of the investigations on the affected SSCs, done by 
the supplier, revealed that the loss of the hydraulic locking 
function--which is ensured by a blocking valve--was due to an 
internal leakage caused by a sheared seal. This seal is installed at 
the left end of the blocking valve.
    During the on-wing modification of the maintenance cover, 
blocking valve movement may have damaged the seal on the outer 
diameter of the blocking valve assembly, causing the loss of the 
hydraulic locking function.
    This condition, if not detected and corrected, if occurring 
during take-off and go-around phases in combination with one engine 
inoperative, could jeopardize the aeroplane safe flight.
    For the reasons described above, this [EASA] AD requires the 
identification of the installed SSCs, to perform an operational test 
of the hydraulic locking function of the affected SSCs and to 
accomplish the applicable corrective actions if any discrepancy is 
detected during the operational test. This [EASA] AD also requires 
reporting operational test results to Airbus.

You may obtain further information by examining the MCAI in the AD 
docket.

Other Related Rulemaking

    On August 26, 2009, the FAA issued AD 2009-18-20, Amendment 39-
16017 (74 FR 46313, September 9, 2009), applicable to certain Airbus 
Model A330-300, A340-200, and A340-300 series airplanes. That AD 
requires identifying the part number of spoiler servo-controls 
installed on the airplane at all positions to determine the number of 
affected hydraulic circuits, and modifying affected spoiler servo-
controls. The actions required by that AD are intended to prevent loss 
of the three hydraulic systems, which could result in reduced 
controllability of the airplane.

Relevant Service Information

    Airbus has issued All Operators Telex (AOT) A330-27A3185 and AOT 
A340-27A4181, both dated January 4, 2012. 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.

Differences Between This AD and the MCAI or Service Information

    Unlike the procedures recommended in Airbus AOTs A330-27A3185 and 
A340-27A4181, both dated January 4, 2012, this proposed AD would not 
permit further flight after a faulty SSC is detected on the green or 
yellow hydraulic line. Instead, this proposed AD would require 
replacing the SSC with a new or serviceable SSC before further flight. 
We find that, to achieve an adequate level of safety for the affected 
fleet, damaged SSCs must be replaced before further flight.
    Although the MCAI mandates performing the operational test within 
90 days after the effective date of the AD, we have determined that the 
operational test should be performed within 90 days after 
identification of the part.
    These differences have been coordinated with EASA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 61 products of U.S. registry. We also estimate that 
it would take up to 7 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 $36,295, or $595 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 36 work-hours and require parts costing $34,928, for a cost 
of $37,988 per affected SSC. 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 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 58329]]

    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-2012-0995; Directorate Identifier 2012-NM-
056-AD.

(a) Comments Due Date

    We must receive comments by November 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Model A330-301, -302, -303, -321, 
-322, -323, -341, -342, and -343 airplanes; and Model A340-211, -
212, -213, -311, -312, and -313 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 that, during flight test, 
several spoiler servo-controls (SSCs) did not remain locked in the 
retracted position (hydraulic locking function) after manual 
depressurization of the corresponding hydraulic circuit. Loss of 
that locking function--which is ensured by a blocking valve--was 
caused by an internal leak from a sheared seal on the blocking 
valve. We are issuing this AD to prevent loss of the hydraulic 
locking function during take-off and go-around phases, which, in 
combination with malfunction of one engine, could result in reduced 
controllability 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) Actions

    Within 90 days after the effective date of this AD: Inspect to 
determine the part number (P/N) of all SSCs installed, in accordance 
with Airbus All Operators Telex (AOT) A330-27A3185 (for Model A330-
300 series airplanes) or A340-27A4181 (for Model A340-200 and -300 
series airplanes), both dated January 4, 2012. A review of airplane 
maintenance records is acceptable in lieu of the inspection to 
identify the part number of the SSC installed, provided that part 
number can be conclusively determined from that review.
    (1) For any SSC having P/N MZ4339390-12 or P/N MZ4306000-12 (MZ-
type): Within 90 days after identification of the part, perform an 
operational test of the hydraulic locking function at each position 
fitted with an MZ-type SSC, in accordance with the Accomplishment 
Instructions of Airbus AOT A330-27A3185 (for Model A330-300 series 
airplanes) or A340-27A4181 (for Model A340-200 and -300 series 
airplanes), both dated January 4, 2012.
    (2) If any discrepancy is detected during the operational test 
specified in paragraph (g)(1) of this AD, or if the test fails, 
before further flight, replace the affected SSC with a new or 
serviceable SSC, in accordance with Airbus AOT A330-27A3185 (for 
Model A330-300 series airplanes) or A340-27A4181 (for Model A340-200 
and -300 series airplanes), both dated January 4, 2012.

(h) Reporting to Airbus

    Submit a report of the findings of the operational test required 
by paragraph (g)(1) 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 (h)(1) or (h)(2) of this AD.
    (1) If the test was done on or after the effective date of this 
AD: Submit the report within 30 days after the test.
    (2) If the test was done before the effective date of this AD: 
Submit the report within 30 days after the effective date 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, 
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.

(j) Related Information

    (1) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2012-0009, dated January 13, 2012, and the 
service information specified in paragraph (j)(1)(i) or (j)(1)(ii) 
of this AD, for related information.
    (i) Airbus AOT A330-27A3185, dated January 4, 2012.
    (ii) Airbus AOT A340-27A4181, dated January 4, 2012.
    (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.

[[Page 58330]]

    Issued in Renton, Washington, on September 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-23217 Filed 9-19-12; 8:45 am]
BILLING CODE 4910-13-P
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