[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16102-16104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8542]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-327-AD; Amendment 39-10445; AD 98-07-23]
RIN 2120-AA64
Airworthiness Directives; Airbus Model 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 certain Airbus Model A340 series airplanes. This action
requires revising the Airplane Flight Manual (AFM) to provide the
flightcrew with procedures to prevent thrust loss during initial climb.
This action also requires installing a new or modified electronic
control unit on each engine, which, when accomplished, terminates the
requirement for the AFM revision. 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 significant thrust loss during initial climb, which
could result in an increased risk of collision with obstacles in the
initial climb path of the airplane.
DATES: Effective April 17, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 17, 1998.
[[Page 16103]]
Comments for inclusion in the Rules Docket must be received on or
before May 4, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-327-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 certain Airbus Model A340
series airplanes. The DGAC advises that it has received reports of
significant power loss during initial climb of the airplane. Such power
loss has been attributed to anomalies in the software installed in the
electronic control unit (ECU) on each engine. This condition, if not
corrected, could result in an increased risk of collision with
obstacles in the initial climb path of the airplane.
Explanation of Relevant Service Information
Airbus has issued A340 Airplane Flight Manual (AFM) Temporary
Revision 4.03.00/14, dated October 18, 1996, which provides the
flightcrew with revised takeoff procedures to prevent thrust loss
during initial climb. The revised takeoff procedures involve turning
off one bleed pack and all engine bleeds prior to takeoff, and turning
them on after thrust reduction following takeoff. Airbus also has
issued Service Bulletin A340-73-4012, Revision 1, dated August 25,
1997, which describes procedures to replace the existing ECU on each
engine with a new ECU or modify the existing ECU on each engine.
Accomplishment of the actions in Airbus Service Bulletin A340-73-4012
eliminates the need for the AFM revision. Accomplishment of the actions
specified in the service bulletin is intended to adequately address the
identified unsafe condition. The DGAC classified the AFM temporary
revision and service bulletin as mandatory and issued French
airworthiness directive 97-166-065(B), dated July 30, 1997, in order to
assure the continued airworthiness of these airplanes in France.
FAA's Conclusions
This airplane model is manufactured in France and is 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, this AD is being issued to prevent significant
thrust loss during initial climb, which could result in an increased
risk of collision with obstacles in the initial climb path. This AD
requires revising the Normal Procedures Section of the FAA-approved AFM
by incorporating the previously described temporary AFM revision. This
AD also requires accomplishment of the actions specified in the service
bulletin described previously. Accomplishment of the specified actions
constitutes terminating action for the AFM revision.
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 AFM revision, at an average labor rate of $60 per work
hour. Based on this estimate, the cost impact of this action would be
$60 per airplane.
It would take approximately 12 work hours to accomplish replacement
of the existing ECU's with new ECU's, at an average labor rate of $60
per work hour. Required parts would be provided by the manufacturer at
no cost to operators. Based on this figure, the cost impact of the
replacement required by this AD would be $720 per airplane.
Should an operator elect the option of modifying the existing ECU's
instead of replacing them with new units, the FAA estimates that 8 work
hours per airplane would be required to modify the existing ECU's, at
an average labor rate of $60 per work hour. Based on this figure, the
cost impact of the modification required by this AD would be $480 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.
[[Page 16104]]
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-327-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:
98-07-23 Airbus Industrie: Amendment 39-10445. Docket 97-NM-327-AD.
Applicability: Model A340-211, -212, -213, -311, -312, and -313
series airplanes; on which Airbus Modification 45504 (reference
Airbus Service Bulletin A340-73-4012, evision 1, dated August 25,
1997) has not been accomplished; certificated in any category.
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 (c) 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 significant thrust loss during initial climb, which
could result in an increased risk of collision with obstacles in the
initial climb path of the airplane, accomplish the following:
(a) Within 5 days after the effective date of this AD, revise
the Normal Procedures Section of the FAA-approved Airplane Flight
Manual (AFM) to include the information specified in Airbus A340 AFM
Temporary Revision 4.03.00/14, dated October 18, 1996, to provide
the flightcrew with procedures to prevent thrust loss during initial
climb, as specified in the temporary revision; and operate the
airplane in accordance with those limitations and procedures.
Note 2: This may be accomplished by inserting a copy of
Temporary Revision 4.03.00/14 into the AFM. When this temporary
revision has been incorporated into general revisions of the AFM,
the general revisions may be inserted into the AFM, provided the
information contained in the general revision is identical to that
specified in Temporary Revision 4.03.00/14.
(b) Within 6 months after the effective date of this AD, replace
the existing electronic control unit (ECU) on each engine with a new
ECU, or modify the existing ECU on each engine; in accordance with
Airbus Service Bulletin A340-73-4012, Revision 1, dated August 25,
1997. After the replacement or modification has been accomplished,
Airbus A340 AFM Temporary Revision 4.03.00/14, dated October 18,
1996, may be removed from the AFM.
(c) 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.
(d) 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.
(e) The AFM revision shall be done in accordance with Airbus
A340 Airplane Flight Manual Temporary Revision 4.03.00/14, dated
October 18, 1996. The replacement or modification shall be done in
accordance with Airbus Service Bulletin A340-73-4012, Revision 1,
dated August 25, 1997. This incorporation by 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 directive 97-166-065(B), dated July 30, 1997.
(f) This amendment becomes effective on April 17, 1998.
Issued in Renton, Washington, on March 26, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8542 Filed 4-1-98; 8:45 am]
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