[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Rules and Regulations]
[Page 59263-59266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc05-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20221; Directorate Identifier 2004-NM-173-AD;
Amendment 39-14329; AD 2005-20-32]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300 and
A340-200 and -300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A330-200 and -300 and A340-200 and -300 series airplanes.
This AD requires inspecting to determine the part number and serial
number of the left- and right-hand elevator assemblies, performing
related investigative and corrective actions if necessary, and re-
protecting the elevator assembly. This AD results from reports that
areas on the top skin panel of the right-hand elevator have disbonded
due to moisture penetration. We are issuing this AD to prevent
disbonding of the elevator assembly, which could reduce the structural
integrity of the elevator and result in reduced controllability of the
airplane.
DATES: This AD becomes effective November 16, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 16,
2005.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
room PL-401, Washington, DC.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Airbus Model A330,
A340-200, and A340-300 series airplanes. That NPRM was published in the
Federal Register on February 1, 2005 (70 FR 5073). That NPRM proposed
to require inspecting to determine the part number and serial number of
the left- and right-hand elevator assemblies, performing related
investigative and corrective actions if necessary, and re-protecting
the elevator assembly.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Allow Records Check as a Method of Compliance
One commenter believes that it is unnecessary to inspect its fleet
to determine that none of the airplanes in its fleet are subject to the
proposed AD. The commenter states that its airplanes were delivered new
from Airbus in July 2003, after Airbus had changed its production
processes to prevent moisture penetration of the elevator. The delivery
records for these airplanes show the part number and serial number of
the left- and right-hand elevator assemblies. The commenter notes that
it has not replaced the elevator assemblies on any airplane in its
fleet. Further, the Illustrated Parts Catalog shows that the elevator
assemblies that would be affected by the proposed AD cannot legally be
installed on the airplanes in its fleet. The commenter asserts that its
airplanes are in compliance with the intent of the proposed AD, and
that it will be able to ensure continuing compliance by inspecting all
incoming spare elevator
[[Page 59264]]
assemblies and any elevators on airplanes purchased from other
operators to ensure that the elevator assemblies are not subject to the
proposed AD. The commenter states that these measures will provide a
level of safety equivalent to the level that would be provided by the
proposed AD.
The airplane manufacturer also comments that airplane records
should contain the part number and serial number of each elevator
assembly, even in the event that the elevator assembly has been
replaced. The airplane manufacturer states that a records check would
be better than an inspection for determining the part number and serial
number of the elevator assemblies, especially considering that very few
airplanes with the subject part number/serial number combinations could
be registered in the U.S.
We infer that the first commenter's request is the same as the
second commenter's--remove the requirement to inspect the elevator
assemblies to determine the part number and serial number, or allow a
records check as a method of compliance with this AD.
We concur with the commenters' request to allow a records check as
a method of compliance with this AD. We have revised paragraph (g) of
this AD to state that a review of maintenance records is acceptable in
lieu of an inspection, provided that the part number and serial number
of the elevator assemblies can be conclusively determined from that
review.
Request To Revise Compliance Times
One commenter, the airplane manufacturer, requests that we revise
paragraph (g)(1) of the proposed AD to remove the reference to ``the
date of issuance of the original Airworthiness Certificate or the date
of issuance of the original Export Certificate of Airworthiness.''
(This term was used in lieu of the term ``the first flight of the
airplane,'' which the Direction G[eacute]n[eacute]rale de l'Aviation
Civile (DGAC) uses to establish the compliance times specified in
French airworthiness directive F-2004-118 R1, dated October 13, 2004.)
The commenter states that it does not see any advantage in the FAA's
terminology. The commenter states that the reference for the service
life of the airplane is the first flight--the point at which flight
hours and flight cycles begin to count. The commenter states that the
first flight of an airplane cannot be ``interpreted differently by
different operators'' (as the FAA states under ``Differences Among the
Proposed AD, the French Airworthiness Directive, and the Service
Information'' in the proposed AD). The commenter states that the date
of the first flight is recorded in the airplane's logbook.
We agree with the commenter's request. We find that, for the
airplane models affected by this AD, operators should be able to
readily determine the date of the first flight of the airplane. We have
revised paragraph (g)(1) of this AD accordingly.
The same commenter also takes issue with the grace period of 18
months after the effective date of the AD, which is specified in
paragraph (g)(2) of the proposed AD. The commenter states that this
date will be long after the January 31, 2006, compliance date specified
in French airworthiness directive F-2004-118 R1.
We do not concur. We would use a calendar date to express a
compliance time only when engineering analysis establishes a direct
relationship between the date and either the compliance threshold or
the grace period. In this case, this relationship does not exist, and
we find that a grace period of 18 months after the effective date of
this AD represents an appropriate interval of time for affected
airplanes to continue to operate without compromising safety. Also, we
note that the compliance time of January 31, 2006, specified in French
airworthiness directive F-2004-118 R1 is approximately 18 months after
the effective date of the original issue of French airworthiness
directive F-2004-118, July 31, 2004. Thus, the 18-month grace period is
consistent with the grace period allowed by the DGAC in French
airworthiness directive F-2004-118 R1. We have not changed the AD in
this regard.
Request To Refer to Service Bulletins for Repair Instructions
One commenter, the airplane manufacturer, notes that paragraph
(f)(1) of the proposed AD would require repairs to be done in
accordance with a method approved by the FAA, the Direction Generale de
l'Aviation Civile (DGAC) (which is the airworthiness authority for
France), or the DGAC's delegated agent, where the service bulletins
specify to contact Airbus. The commenter states that any repair
solution provided by Airbus would be DGAC approved through Airbus's
privileges as a Delegation Option Authorization (DOA) organization. For
this reason, the commenter states that the instructions specified in
the service bulletins should be followed.
We infer that the commenter is asking that we remove paragraph
(f)(1) from this AD. We do not agree. We cannot specify in an AD that
operators may contact the manufacturer for repair instructions when the
nature of that repair is unknown. Doing so would be delegating our
rulemaking authority to the manufacturer. We acknowledge that Airbus is
able to approve repairs, as allowed by Airbus's delegation
authorization from the European Aviation Safety Agency (EASA). We find
that requiring repair ``according to a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA; or
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its
delegated agent),'' as specified in paragraph (f)(1) of this AD, meets
the intent of the commenter's request (i.e., it allows repair in
accordance with a method approved by Airbus), without compromising the
terms of our rulemaking authority. We have not changed the AD in this
regard.
Request To Require Reporting
One commenter, the airplane manufacturer, notes that paragraph
(f)(2) of the proposed AD states that reporting information to the
manufacturer is not required. The commenter requests that we revise the
proposed AD to require inspection results be sent to Airbus. The
commenter states that receiving the inspection results will allow it to
gain as much information from the field as possible to allow continuous
improvement.
We do not concur with the commenter's request. The Office of
Management and Budget (OMB) must approve information collection
requirements under the provisions of the Paperwork Reduction Act (PRA)
of 1980 (44 U.S.C. 3501 et seq.). The PRA requires government agencies
to consider the extent of the paperwork burden that will accompany any
new rule. The PRA is intended to reduce these burdens by requiring
agencies not only to analyze the information collection and reporting
costs they are imposing on the private sector, but to use those
analyses to minimize the cost. We require operators to submit
information relevant to AD actions only when our analyses indicate that
such information is needed to ensure safety or to document compliance.
We cannot require operators to submit information to improve processes.
We have not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the applicability of this AD to identify model
designations as published in the most recent type certificate data
sheet for the affected models.
[[Page 59265]]
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 20 airplanes of U.S. registry. The inspection
to determine the part number and serial number of installed elevator
assemblies takes about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of this AD for U.S. operators is $1,300, or $65 per airplane.
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 have 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-20-32 Airbus: Amendment 39-14329. Docket No. FAA-2005-20221;
Directorate Identifier 2004-NM-173-AD.
Effective Date
(a) This AD becomes effective November 16, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes;
and Model A340-211, -212, -213, -311, -312, and -313 airplanes;
certificated in any category.
Unsafe Condition
(d) This AD was prompted by reports that areas on the top skin
panel of the right-hand elevator have disbonded due to moisture
penetration. We are issuing this AD to prevent disbonding of the
elevator assembly, which could reduce the structural integrity of
the elevator and result in reduced controllability of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Service Bulletin References
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Airbus Service Bulletin A330-55-3032
(for Model A330-201, -202, -203, -223, -243, -301, -321, -322, -323,
-341, -342, and -343 airplanes) or Airbus Service Bulletin A340-55-
4029 (for Model A340-211, -212, -213, -311, -312, and -313
airplanes), both dated December 22, 2003, as applicable.
(1) Where the service bulletins recommend contacting Airbus for
appropriate action: Before further flight, repair the condition
according to a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated
agent).
(2) Although the service bulletins specify submitting certain
information to the manufacturer, this AD does not include that
requirement.
Determining Part Number, Serial Number
(g) At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Perform an inspection to determine the part
number and serial number of the left- and right-hand elevator
assemblies. A review of airplane maintenance records is acceptable
in lieu of this inspection if the part number and serial number of
each elevator assembly can be conclusively determined from that
review. If neither elevator assembly has a part number and serial
number combination identified in Table 1 of this AD, no further
action is required by this paragraph. If either elevator assembly
has a part number and serial number combination identified in Table
1 of this AD, do paragraph (h) of this AD.
(1) Within 10 years after the date of the first flight of the
airplane, or before the accumulation of 12,000 total flight cycles,
whichever is first.
(2) Within 18 months after the effective date of this AD.
Table 1.--Affected Elevator Part Numbers and Serial Numbers
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Affected part
Part numbers Affected serial numbers
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Left-hand elevator assembly.................. F55280000000, CG1002 through CG1091 inclusive, CG1093,
F55280000004 CG1094, CG2001.
[[Page 59266]]
Right-hand elevator assembly................. F55280000001, CG1002 through CG1094 inclusive, CG2001.
F55280000005
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Inspections
(h) If the left- or right-hand elevator assembly has a part
number and serial number combination identified in Table 1 of this
AD: Before further flight after accomplishing paragraph (g) of this
AD, do the actions in paragraphs (h)(1), (h)(2), and (h)(3) of this
AD, as applicable.
(1) Perform an endoscopic inspection to detect damage (such as a
scratch, disbonding, or a tear), and a tap test and a thermographic
inspection to detect signs of moisture penetration, to the upper and
lower elevator panels on both sides of the airplane, in accordance
with the service bulletin.
(2) If any damage is found, before further flight, do all
applicable corrective actions (including but not limited to
repeating the thermographic inspection to determine the size of the
damaged area, and performing a tap test around the areas where
moisture is indicated), in accordance with the service bulletin.
(3) Re-protect the elevator assembly (including performing a
general visual inspection to determine if the drainage holes are
clean, a general visual inspection to determine the condition of the
sealant covering the static discharges contour, and applicable
corrective actions), in accordance with the service bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Parts Installation
(i) As of the effective date of this AD, no person may install,
on any airplane, an elevator assembly having a part number and
serial number combination identified in Table 1 of this AD unless
the actions required by paragraph (h) of this AD are accomplished.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(k) French airworthiness directive F-2004-118 R1, dated October
13, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin A330-55-3032, excluding
Appendix 01, dated December 22, 2003; or Airbus Service Bulletin
A340-55-4029, excluding Appendix 01, dated December 22, 2003; as
applicable; to perform the actions that are required by this AD,
unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of these documents
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France,
for a copy of this service information. You may review copies at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street SW., room PL-401, Nassif Building, Washington, DC; on
the Internet at http://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal-
register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 29, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20064 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P