[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Proposed Rules]
[Pages 13148-13152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6734]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0264; Directorate Identifier 2008-NM-174-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-300, A340-200, and 
A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI)

[[Page 13149]]

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:

    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    * * * The rupture of the maintenance cover in flight may result 
in the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking). It may also result 
in the loss of the associated hydraulic system (external leakage). 
In the worst case, the three hydraulic systems may be affected, 
which constitutes an unsafe condition.

* * * * *
    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane. The proposed AD would require actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by April 27, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 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, e-mail <a href="/cdn-cgi/l/email-protection#6f0e061d18001d1b0706010a1c1c412e5c5c5f422e5c5b5f2f0e061d0d1a1c410c0002"><span class="__cf_email__" data-cfemail="f0919982879f828498999e958383deb1c3c3c0ddb1c3c4c0b0919982928583de939f9d">[email protected]</span></a>; 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 or 425-227-1152.

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-2009-0264; 
Directorate Identifier 2008-NM-174-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 2008-0160, dated August 22, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    The maintenance cover allows switching the servo-control from 
``Operational'' to ``Maintenance'' modes. The same cover is 
installed on all standard MZ spoiler servo-controls except on P/N 
MZ4339390-12 and MZ4306000-12, which have a reinforced maintenance 
cover. The rupture of the maintenance cover in flight may result in 
the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking). It may also result 
in the loss of the associated hydraulic system (external leakage). 
In the worst case, the three hydraulic systems may be affected, 
which constitutes an unsafe condition.
    For the reasons described above, this EASA AD requires the 
identification and the modification of all standard MZ spoiler 
servo-controls with initial maintenance cover (P/N MZ4339390-01X, -
02X, -10X for position 1 and P/N MZ4306000-01X, 02X, -10X for 
positions 2 to 6) into standard MZ servo-controls with reinforced 
maintenance cover (P/N MZ4339390-12 for position 1 and P/N 
MZ4306000-12 for positions 2 to 6).

    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued the service information described in the 
following table. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

                           Service Information
------------------------------------------------------------------------
        Service Bulletin            Revision level           Date
------------------------------------------------------------------------
Airbus Mandatory Service          01................  July 25, 2008.
 Bulletin A330-27A3154.
Airbus Service Bulletin A330-27-  02................  March 2, 2007.
 3110.
Airbus Mandatory Service          01................  July 25, 2008.
 Bulletin A340-27A4154.
Airbus Service Bulletin A340-27-  01................  March 2, 2007.
 4115.
------------------------------------------------------------------------


[[Page 13150]]

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

    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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect 16 products of U.S. registry. We also estimate that it 
would take between 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $1,280, or $80 per product.

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); 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 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-2009-0264; Directorate Identifier 2008-NM-
174-AD.

Comments Due Date

    (a) We must receive comments by April 27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-300, A340-200, and 
A340-300 series airplanes; certificated in any category, except 
those identified in paragraph (c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes, manufacturer serial numbers (MSNs) up to 
and including MSN 588, except those on which Airbus Service Bulletin 
A330-27-3110 has been embodied in service.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
airplanes, MSNs up to and including MSN 598, except those on which 
Airbus Service Bulletin A340-27-4115 has been embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One Long Range operator experienced a failure of one spoiler 
servo-control, associated with surface deflection in flight and 
hydraulic leak. On ground, this servo-control Part Number (P/N) 
MZ4306000-02X was found with the maintenance cover broken. 
Investigations showed that the rupture of the maintenance cover was 
due to pressure pulse fatigue.
    The maintenance cover allows switching the servo-control from 
``Operational'' to ``Maintenance'' modes. The same cover is 
installed on all standard MZ spoiler servo-controls except on P/N 
MZ4339390-12 and MZ4306000-12, which have a reinforced maintenance 
cover. The rupture of the maintenance cover in flight may result in 
the deflection of the associated spoiler surface up to the null-
hinge position (loss of the hydraulic locking). It may also result 
in the loss of the associated hydraulic system (external leakage). 
In the worst case, the three hydraulic systems may be affected, 
which constitutes an unsafe condition.
    For the reasons described above, this EASA AD requires the 
identification and the modification of all standard MZ spoiler 
servo-controls with initial maintenance cover (P/N MZ4339390-01X, -
02X, -10X for position 1 and P/N MZ4306000-01X, 02X, -10X for 
positions 2 to 6) into standard MZ servo-controls with reinforced 
maintenance cover (P/N MZ4339390-12 for position 1 and P/N 
MZ4306000-12 for positions 2 to 6).
    Loss of the three hydraulic systems could result in reduced 
controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes that have accumulated more than 8,500 total 
flight cycles since first flight as of the effective date of this 
AD: Do the actions required by paragraphs (f)(1)(i) and (f)(1)(ii) 
of this AD, as applicable.
    (i) Within 3 months after the effective date of this AD: 
Identify the part number of spoiler servo-controls installed on the 
airplane at all positions in order to determine the number of 
affected hydraulic circuits in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-27A3154, 
Revision 01; or Airbus Mandatory Service Bulletin A340-27A4154, 
Revision 01; both dated July 25, 2008, as applicable. If there is no 
spoiler servo-control installed with a part number

[[Page 13151]]

identified in Table 1 of this AD, no further action is required by 
this paragraph.
    (ii) If there is any spoiler servo-control installed with a part 
number identified in Table 1 of this AD, do all applicable actions 
required by paragraph (f)(2), (f)(3), or (f)(4) of this AD.

               Table 1--Spoiler Servo-Control Part Numbers
------------------------------------------------------------------------
                Position 1                      Positions 2 through 6
------------------------------------------------------------------------
MZ4339390-01X.............................  MZ4306000-01X.
MZ4339390-02X.............................  MZ4306000-02X.
MZ4339390-10X.............................  MZ4306000-10X.
------------------------------------------------------------------------

    (2) If three affected hydraulic circuits are identified during 
the inspection required by paragraph (f)(1) of this AD, do the 
actions required by paragraphs (f)(2)(i), (f)(2)(ii), and 
(f)(2)(iii) of this AD, at the time specified.
    (i) Before the accumulation of 10,400 total flight cycles since 
first flight, or within 3 months after accomplishing the 
requirements of paragraph (f)(1)(i) of this AD, whichever occurs 
later: Modify the affected spoiler servo-controls on one hydraulic 
circuit in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-27-3110, Revision 02; or Airbus Service 
Bulletin A340-27-4115, Revision 01; both dated March 2, 2007, as 
applicable.
    (ii) Before the accumulation of 10,800 total flight cycles since 
first flight, or within 6 months after accomplishing the 
requirements in paragraph (f)(1)(i) of this AD, whichever occurs 
later: Modify the affected spoiler servo-controls on the second 
hydraulic circuit in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A330-27-3110, Revision 02; or Airbus 
Service Bulletin A340-27-4115, Revision 01; both dated March 2, 
2007, as applicable.
    (iii) Within 18 months after the effective date of this AD: 
Modify the remaining affected spoiler servo-controls in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A330-27-3110, Revision 02; or Airbus Service Bulletin A340-27-4115, 
Revision 01; both dated March 2, 2007, as applicable.
    (3) If two affected hydraulic circuits are identified during the 
inspection required by paragraph (f)(1) of this AD, do the actions 
required by paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, at the 
time specified:
    (i) Before the accumulation of 10,800 total flight cycles since 
first flight, or within 6 months after accomplishing the 
requirements in paragraph (f)(1)(i) of this AD, whichever occurs 
later: Modify the affected spoiler servo-controls on one hydraulic 
circuit in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-27-3110, Revision 02; or Airbus Service 
Bulletin A340-27-4115, Revision 01; both dated March 2, 2007, as 
applicable.
    (ii) Within 18 months after the effective date of this AD: 
Modify the remaining affected spoiler servo-controls in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A330-27-3110, Revision 02; or Airbus Service Bulletin A340-27-4115, 
Revision 01; both dated March 2, 2007, as applicable.
    (4) If one affected hydraulic circuit is identified during the 
inspection required by paragraph (f)(1) of this AD: Within 18 months 
after the effective date of this AD, modify the affected spoiler 
servo-controls in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3110, Revision 02; or Airbus Service 
Bulletin A340-27-4115, Revision 01; both dated March 2, 2007, as 
applicable.
    (5) For airplanes that have accumulated less than or equal to 
8,500 total flight cycles since first flight as of the effective 
date of this AD: Do the actions required by paragraphs (f)(5)(i) and 
(f)(5)(ii) of this AD, as applicable.
    (i) Within 9 months after the effective date of this AD: Do the 
actions specified in paragraph (f)(1)(i) of this AD. If there is no 
spoiler servo-control installed with a part number identified in 
Table 1 of this AD, no further action is required by this paragraph.
    (ii) If there is any spoiler servo-control installed with a part 
number identified in Table 1 of this AD: Within 18 months after the 
effective date of this AD, modify all the affected spoiler servo-
controls in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3110, Revision 02; or Airbus Service 
Bulletin A340-27-4115, Revision 01; both dated March 2, 2007, as 
applicable.
    (6) As of the effective date of this AD, no person may install 
any spoiler servo-control with a part number identified in Table 1 
of this AD on any aircraft as a replacement part, unless the part 
has been modified in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A330-27-3110, Revision 02; or Airbus 
Service Bulletin A340-27-4115, Revision 01; both dated March 2, 
2007, as applicable.
    (7) Actions accomplished before the effective date of this AD in 
accordance with the service bulletins specified in Table 2 of this 
AD are considered acceptable for compliance with the corresponding 
requirements of this AD.

                   Table 2--Credit Service Information
------------------------------------------------------------------------
        Service Bulletin            Revision level           Date
------------------------------------------------------------------------
Airbus Service Bulletin A330-27-  Original..........  November 28, 2003.
 3110.

Airbus Service Bulletin A330-27-  01................  March 26, 2004.
 3110.
Airbus Service Bulletin A340-27-  Original..........  November 28, 2003.
 4115.
------------------------------------------------------------------------

FAA AD Differences

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

Other FAA AD Provisions

    (g) 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. Send information 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to European Aviation Safety Agency Airworthiness 
Directive 2008-0160, dated August 22, 2008, and the service 
bulletins specified in Table 3 of this AD, for related information.

                                          Table 3--Service Information
----------------------------------------------------------------------------------------------------------------
                                                    Revision
                Service Bulletin                      level                            Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-27A3154.              01  July 25, 2008.

[[Page 13152]]

 
Airbus Service Bulletin A330-27-3110...........              02  March 2, 2007.
Airbus Mandatory Service Bulletin A340-27A4154.              01  July 25, 2008.
Airbus Service Bulletin A340-27-4115...........              01  March 2, 2007.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on March 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6734 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-13-P


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