[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Proposed Rules]
[Pages 69674-69676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32370]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 /
Proposed Rules
[[Page 69674]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-185-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330 and A340 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain Airbus Model A330
and A340 series airplanes, that currently requires repetitive
operational tests of the override mechanism of the trimmable horizontal
stabilizer (THS) to determine if the system functions correctly; and
corrective action, if necessary. This action would require replacement
of existing flight control primary computers (FCPC) with improved
FCPC's, which would terminate the repetitive operational tests. This
proposal is prompted by the issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by this proposal are intended to prevent
uncommanded movement of the THS, which could result in reduced
controllability of the airplane.
DATES: Comments must be received by January 13, 2000.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-185-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in this AD may be obtained from
Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-185-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-185-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On December 31, 1997, the FAA issued AD 98-01-15, amendment 39-
10277 (63 FR 1909, January 13, 1998), applicable to certain Airbus
Model A330 and A340 series airplanes, to require repetitive operational
tests of the override mechanism of the trimmable horizontal stabilizer
(THS) to determine if the system functions correctly, and corrective
action, if necessary. That action was prompted by the issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The requirements of that AD are intended to
prevent uncommanded movement of the trimmable horizontal stabilizer
(THS) in the event of a failure of the manual override switch in the
open position and the THS control wheel blocked by either the pilot or
a mechanical control jam. Such uncommanded movement of the THS, if not
corrected, could result in reduced controllability of the airplane.
Actions Since Issuance of Previous Rule
In the preamble to AD 98-01-15, the FAA indicated that the actions
required by that AD were considered ``interim action'' until final
action was identified, at which time further rulemaking action would be
considered. The FAA now has determined that further rulemaking action
is indeed necessary to require replacement of certain Aerospatiale
flight control primary computers (FCPC) with improved Aerospatiale
FCPC's, which would constitute terminating action for the repetitive
operational tests of the override mechanism of the THS. This proposed
AD follows from that determination and allows opportunity for public
comment.
Explanation of Relevant Service Information
Airbus has issued Service Bulletin A330-27-3056, Revision 01, dated
May 5, 1998 (for Model A330 series airplanes), and Service Bulletin
A340-27-4061, Revision 02, dated May 5, 1998 (for Model A340 series
airplanes). These service bulletins provide information on replacement
of FCPC's with improved FCPC's of computer standard L14 having a new
part number. The service bulletins also provide instructions on
modification of FCPC's to the new standard by replacement or
reprogramming of the FCPC on-board replacement modules (OBRM), and
subsequent change of the FCPC part number to the new part number. The
[[Page 69675]]
Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, classified these service bulletins
as mandatory and issued French airworthiness directives 98-124-069(B)
and 98-126-085(B), both dated March 11, 1998, in order to ensure the
continued airworthiness of these airplanes in France.
Airbus has developed production modification 45631 (for Model A330
series airplanes) and production modification 45485 (for Model A340
series airplanes). These modifications involve the installation of
improved FCPC's on these airplanes during production, which would
eliminate the need for the repetitive operational tests of the override
mechanism of the THS.
FAA's Conclusions
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would supersede AD 98-01-15 to
continue to require repetitive operational tests of the override
mechanism of the trimmable horizontal stabilizer (THS) to determine if
the system functions correctly; and corrective action, if necessary.
The proposed AD would add a new requirement for replacement of all
FCPC's with improved FCPC's, which would constitute terminating action
for the repetitive operational tests of the override mechanism of the
THS described previously. The replacement would be required to be
accomplished in accordance with Airbus Service Bulletin A330-27-3056,
Revision 01, dated May 5, 1998 (for Model A330 series airplanes), and
Airbus Service Bulletin A340-27-4061, Revision 02, dated May 5, 1998,
described previously.
Differences Between Proposed Rule and Foreign AD
The proposed AD would differ from the parallel French airworthiness
directive in that the proposed AD would not require replacement of the
flight control secondary computers. The DGAC does require such
replacement; however, that action addresses a different unsafe
condition from that identified in this proposed AD. The FAA will
address this different unsafe condition in separate action, as
necessary.
Cost Impact
None of the airplanes affected by this action are on the U.S.
Register. All airplanes included in the applicability of this rule
currently are operated by non-U.S. operators under foreign registry;
therefore, they are not directly affected by this AD action. However,
the FAA considers that this rule is necessary to ensure that the unsafe
condition is addressed in the event that any of these subject airplanes
are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 1 work hour to
accomplish the operational test required by AD 98-01-15, and retained
in this proposed AD, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the operational test on U.S.
operators is estimated to be $60 per airplane, per test cycle.
It would require approximately 2 work hours to accomplish the FCPC
replacements (or 9 work hours if the FCPC on-board replacement modules
have been replaced or reprogrammed), at an average labor rate of $60
per work hour. Required parts would be provided to the operator at no
charge. Based on these figures, the cost impact of the FCPC
replacements proposed by this AD on U.S. operators would be $120 or
$540 per airplane.
Accomplishment of the FCPC replacements proposed by this AD would
allow operators to terminate the repetitive operational tests required
by AD 98-01-15, thereby offsetting the cost of the actions proposed by
this AD.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-10277 (63 FR
1909, January 13, 1998), and by adding a new airworthiness directive
(AD), to read as follows:
Airbus Industrie: Docket 99-NM-185-AD. Supersedes AD 98-01-15,
Amendment 39-10277.
Applicability: The following airplanes, certificated in any
category, equipped with Aerospatiale Flight Control Primary Computer
(FCPC), part number (P/N) LA2K01500190000:
Model A330-301, -321, -322, -341, and -342 series
airplanes; excluding those on which Aerospatiale FCPC's, P/N
LA2K01500210000 (Airbus Modification 45631), have been installed.
Model A340-211, -212, -213, -311, -312, and -313 series
airplanes; excluding those on which Aerospatiale FCPC's, P/N
LA2K01500210000 (Airbus Modification 45485), have been installed.
[[Page 69676]]
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent uncommanded movement of the trimmable horizontal
stabilizer (THS), which could result in reduced controllability of
the airplane, accomplish the following:
Restatement of Requirements of AD 98-01-15
(a) Within 500 flight hours after January 28, 1998 (the
effective date of AD 98-01-15, amendment 39-10277), perform an
operational test of the THS override mechanism to determine if the
override system functions correctly, in accordance with paragraph
(a)(1) or (a)(2) of this AD, as applicable. Repeat the operational
test thereafter at intervals not to exceed 500 flight hours.
(1) For Model A330 series airplanes: Perform the test in
accordance with Airbus Service Bulletin A330-27-3051, dated February
13, 1997; and, prior to further flight, repair any discrepancy in
accordance with this service bulletin.
(2) For Model A340 series airplanes: Perform the test in
accordance with Airbus Service Bulletin A340-27-4058, dated February
13, 1997; and, prior to further flight, repair any discrepancy in
accordance with this service bulletin.
New Requirements of This AD
(b) Within 15 months after the effective date of this AD,
accomplish the actions specified by either paragraph (b)(1) or
paragraph (b)(2) of this AD, in accordance with Airbus Service
Bulletin A330-27-3056, Revision 01, dated May 5, 1998 (for Model
A330 series airplanes), or Service Bulletin A340-27-4061, Revision
02, dated May 5, 1998 (for Model A340 series airplanes); as
applicable.
(1) Replace three Flight Control Primary Computers (FCPC) (2CE1,
2CE2, and 2CE3), P/N LA2K01500190000, with new FCPCs, P/N
LA2K01500210000; in accordance with the applicable service bulletin.
Such replacement constitutes terminating action for the requirements
of paragraph (a) of this AD.
(2) Replace the on-board replaceable module (OBRM) of the three
FCPCs (2CE1, 2CE2, and 2CE3), P/N LA2K01500190000, with OBRMs that
have been modified by converting FCPC P/N's to LA2K01500210000 in
accordance with the applicable service bulletin. Such replacement
constitutes terminating action for the requirements of paragraph (a)
of this AD.
Spares
(c) As of the effective date of this AD, no person shall install
on any airplane an FCPC, P/N LA2K01500190000.
Alternative Methods of Compliance
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector
or Principal Avionics Inspector or Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(e) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in French
airworthiness directives 98-124-069(B) (for Model A330 series
airplanes) and 98-126-085(B) (for Model A340 series airplanes), both
dated March 11, 1998.
Issued in Renton, Washington, on December 8, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-32370 Filed 12-13-99; 8:45 am]
BILLING CODE 4910-13-U