[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4568-4570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2286]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-320-AD; Amendment 39-10297; AD 98-03-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330 and A340 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Airbus Model A330 and A340 series airplanes. This
action requires removal of three electric motor-driven hydraulic pumps
(EHP) and associated wiring, and installation of placards in the flight
deck. This amendment is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified in this AD are intended to prevent operation of
the EHP, which could result in fire in the wheel well area, and
consequent damage to airplane structure or injury to airplane
occupants.
DATES: Effective February 17, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 17, 1998.
Comments for inclusion in the Rules Docket must be received on or
before March 2, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-320-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
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; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
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: The Direction Generale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, notified the
FAA that an unsafe condition may exist on all Airbus Model A330 and
A340 series airplanes. The DGAC advises that it has received several
reports of fires in the wheel well area. The cause of the fires has
been attributed to use of the electric motor-driven hydraulic pumps
(EHP). The DGAC had previously issued French airworthiness directives
to require electrical isolation of the three EHP in order to address
the unsafe condition. However, since that time, the DGAC has received
one additional report of an on-ground fire in the wheel well. The
investigation into the cause of this incident has not yet concluded;
however, deliberate or inadvertent operation of the EHP is believed to
be related to the incident. This condition, if not corrected, could
result in fire in the wheel well area, and consequent damage to
airplane structure or injury to airplane occupants.
Explanation of Relevant Service Information
Airbus has issued All Operators Telex (AOT) 29-21, Revision 1,
dated January 8, 1997, which describes procedures for the disconnection
and electrical isolation of all EHP's, and the installation of certain
system `inoperative' placards in the flight deck.
Airbus also has issued Service Bulletins A330-29-3041, dated
February 25, 1997 (for Model A330 series airplanes), and A340-29-4041,
dated February 26, 1997 (for Model A340 series airplanes), which
describe procedures for removal of the three EHP's and associated
wiring to permit installation of alternative pumps, or installation of
provisions that would allow use of dedicated ground support equipment.
Accomplishment of the actions specified in the AOT and service
bulletins described previously is intended to adequately address the
identified unsafe condition.
The DGAC classified the AOT and service bulletins as mandatory and
issued French airworthiness directives 97-017-043(B)R2, dated June 18,
1997, as revised by ERRATUM, dated July 2, 1997; and 97-018-059(B)R2,
dated June 18, 1997, as revised by ERRATUM, dated July 2, 1997; in
order to assure the continued airworthiness of these airplanes in
France.
FAA's Conclusions
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) 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 the 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 AD requires accomplishment of the actions
specified in the AOT and service bulletins described previously.
Differences Between This AD and the French AD's
This AD differs from the parallel French airworthiness directives
in that it requires a single method of preventing operation of the
three EHP's. The DGAC AD's provide three methods of compliance:
describing procedures for disconnection and electrical isolation of the
three EHP's; removal of the three EHP's with installation of placards
in the flight deck; or removal of the three EHP's and subsequent
installation of replacement EHP's. However, the FAA has determined that
removal of the EHP's is the most effective method of addressing the
unsafe condition; therefore, this AD requires the removal of the three
EHP's and installation of placards in the flight deck. Operators should
note that such removal of the three EHP's allows the option of using
ground support equipment, or installing alternative pumps, as described
in the French airworthiness directives.
Cost Impact
None of the Model A330 and A340 series 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;
[[Page 4569]]
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 20 work hours to
accomplish the required actions, at an average labor rate of $60 per
work hour. Required parts would be provided by the manufacturer at no
charge to the operator. Based on these figures, the cost impact of this
AD would be $1,200 per airplane.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, prior notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
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 under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-320-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 adding the following new
airworthiness directive:
98-03-05 Airbus: Amendment 39-10297. Docket 97-NM-320-AD.
Applicability: All Model A330 and A340 series airplanes,
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 (b) 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 operation of the electric motor-driven hydraulic
pumps (EHP), which could result in fire in the wheel well area, and
consequent damage to airplane structure or injury to airplane
occupants, accomplish the following:
(a) Within 48 hours after the effective date of this AD,
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this
AD.
(1) Remove the three EHP's and associated wiring in accordance
with Airbus Service Bulletin A330-29-3041, dated February 25, 1997
(for Model A330 series airplanes), or A340-29-4041, dated February
26, 1997 (for Model A340 series airplanes), as applicable; and
(2) Open circuit breakers associated with the EHP's, and install
placards in the flight deck, in accordance with paragraphs 4.2.2 and
4.2.3 of Airbus All Operators Telex (AOT) 29-21, Revision 1, dated
January 8, 1997.
Note 2: Operators should note that removal of the three EHP's
allows the option of using ground support equipment, or installing
alternative pumps, as described in French airworthiness directives
97-017-043(B)R2, dated June 18, 1997, as revised by ERRATUM, dated
July 2, 1997; and 97-018-059(B)R2, dated June 18, 1997, as revised
by ERRATUM, dated July 2, 1997.
(b) 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 Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(c) Special flight permits may be issued in accordance with
sections 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.
(d) The actions shall be done in accordance with Airbus Service
Bulletin A330-29-3041, dated February 25, 1997; or Airbus Service
Bulletin A340-29-4041, dated February 26, 1997; as applicable; and
Airbus All Operators Telex (AOT) 29-21, Revision 1, dated January 8,
1997. This incorporation by
[[Page 4570]]
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
Note 4: The subject of this AD is addressed in French
airworthiness directives 97-017-043(B)R2, dated June 18, 1997, as
revised by ERRATUM, dated July 2, 1997; and 97-018-059(B)R2, dated
June 18, 1997, as revised by ERRATUM, dated July 2, 1997.
(e) This amendment becomes effective on February 17, 1998.
Issued in Renton, Washington, on January 23, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-2286 Filed 1-29-98; 8:45 am]
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