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[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18038-18040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7220]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0256; Directorate Identifier 2010-NM-114-AD; 
Amendment 39-16645; AD 2011-07-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A340-200 and -300 Series 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Two A340-300 aeroplanes experienced one single door opening of 
engine number (n[deg]) 3 Thrust Reverser (TR) pivoting door during 
climb. These events were the result of a primary lock malfunction 
and incorrect engagement of the secondary lock.
* * * * *
    Deployment of one TR door in flight, particularly during the 
take-off or go around, could result in heavy buffet at low speed, or 
could significantly reduce take off performance [and increase pilot 
workload during takeoff or go around], which would constitute an 
unsafe condition.
* * * * *
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 18, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 18, 
2011.
    We must receive comments on this AD by May 16, 2011.

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.

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 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; phone: 425-227-
1138; fax: 425-227-1149.

SUPPLEMENTARY INFORMATION:

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 2010-0044, dated March 17, 2010 [corrected 
March 25, 2010] (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    Two A340-300 aeroplanes experienced one single door opening of 
engine number (n[deg]) 3 Thrust Reverser (TR) pivoting door during 
climb. These events were the result of a primary lock malfunction 
and incorrect engagement of the secondary lock.
    While investigations on root cause of these events were 
conducted, preventive actions have been required by EASA AD 2008-
0074, AD 2009-0063 [which corresponds to FAA AD 2009-21-05, 
Amendment 39-16042] and AD 2009-0133.
    The root cause has now been identified as being a combined 
failure of the thrust reverser pivoting door primary lock and 
actuator.
    Deployment of one TR door in flight, particularly during the 
take-off or go around, could result in heavy buffet at low speed, or 
could significantly reduce take off performance [and increase pilot 
workload during takeoff or go around], which would constitute an 
unsafe condition.
    Investigations have also identified that 10 TR pivoting doors of 
the 16 installed on each aeroplane may cause such effects. These 
are:

--Outboard engines (n[deg] 1 and 4): all 4 pivoting doors of each 
engine.
--Inboard engines (n[deg] 2 and 3): upper inboard pivoting door of 
each engine.

    In order to reinforce the thrust reverser locking mechanism, 
this AD requires installation of a new modified primary lock and a 
new modified actuator on the 10 critical thrust reverser pivoting 
doors.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-78-4037, 
including Appendices 01 and 02, dated January 15, 2010; and Mandatory 
Service Bulletin A340-78-4038, Appendices 01 and 02, dated January 29, 
2010. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

[[Page 18039]]

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-16645; Directorate 
Identifier 2010-NM-114-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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 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); and
    3. 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 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.

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

0
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 AD:

2011-07-08 Airbus: Amendment 39-16645. Docket No. FAA-2011-0256; 
Directorate Identifier 2010-NM-114-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311, 
-312 and -313 airplanes; certificated in any category; all serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 78: Engine 
Exhaust.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Two A340-300 aeroplanes experienced one single door opening of 
engine number (n[deg]) 3 Thrust Reverser (TR) pivoting door during 
climb. These events were the result of a primary lock malfunction 
and incorrect engagement of the secondary lock.
* * * * *
    Deployment of one TR door in flight, particularly during the 
take-off or go around, could result in heavy buffet at low speed, or 
could significantly reduce take off performance [and increase pilot 
workload during takeoff or go around], which would constitute an 
unsafe condition.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 11 months after the effective date of this AD, on the 
upper inboard thrust reverser pivoting door of each engine, replace 
the primary lock with a new primary lock, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A340-78-4037, dated January 15, 2010; and remove the installed shim 
and replace the actuator with a new actuator, in accordance with 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A340-78-4038, dated January 29, 2010.
    (h) Within 33 months after the effective date of this AD, on the 
upper outboard thrust reverser pivoting doors of both outboard 
engines, and on the lower thrust reverser pivoting doors (inboard 
and outboard) of both outboard engines, replace the primary lock 
with a new primary lock, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-78-4037, 
dated January 15, 2010; and remove the installed shim and replace 
the actuator with a new actuator, in accordance with Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-78-4038, 
dated January 29, 2010.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) 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.

[[Page 18040]]

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 ACO, 
send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; phone: 425-227-1138; 
fax: 425-227-1149. Information may be e-mailed 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.

Related Information

    (j) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2010-0044, dated March 17, 2010 
[corrected March 25, 2010]; Airbus Mandatory Service Bulletin A340-
78-4037, dated January 15, 2010; and Airbus Mandatory Service 
Bulletin A340-78-4038, dated January 29, 2010; for related 
information.

Material Incorporated by Reference

    (k) You must use Airbus Mandatory Service Bulletin A340-78-4037, 
including Appendices 01 and 02, dated January 15, 2010; and Airbus 
Mandatory Service Bulletin A340-78-4038, including Appendices 01 and 
02, dated January 29, 2010; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; phone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; e-mail: airworthiness.A330-A340@airbus.com; 
Internet: http://www.airbus.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 15, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-7220 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P
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