[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18038-18040]
From the Federal Register Online via the Government Publishing 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: [email protected]. 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: [email protected];
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]
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