[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)] [Rules and Regulations] [Pages 31071-31073] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-13889] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 94-NM-142-AD; Amendment 39-9257; AD 95-12-07] Airworthiness Directives; Airbus Model A340-211 and -311 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A340-211 and -311 airplanes. This action requires replacement of the inboard and outboard aileron servo controls associated with hydraulic systems with new units that contain an improved seal installation. This amendment is prompted by reports of external leakage of hydraulic fluid on the inboard and/or outboard aileron servo controls on in-service airplanes. The actions specified in this AD are intended to prevent loss of hydraulic fluid, which may lead to the loss of the corresponding hydraulic system and its associated functions, and reduced controllability of the airplane. DATES: Effective on June 28, 1995. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 28, 1995. Comments for inclusion in the Rules Docket must be received on or before August 14, 1995. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 94-NM-142-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: Stephen Slotte, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 227-2797; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified [[Page 31072]] the FAA that an unsafe condition may exist on certain Airbus Model A340-211 and -311 airplanes. The DGAC advises that it has received reports of external leakage of hydraulic fluid on the inboard and/or outboard aileron servo controls on several in-service airplanes. Investigation has revealed that the cause of this leakage is attributed to a partly extruded static seal located between the tailstock and the barrel of the aileron servo control. This condition, if not corrected, could result in loss of hydraulic fluid, which may lead to the loss of the corresponding hydraulic system and its associated functions, and reduced controllability of the airplane. Airbus has issued Service Bulletin A340-27-4013, dated October 27, 1993, which describes procedures for replacement of the left- and right-hand inboard and outboard aileron servo controls associated with the green, yellow, and blue hydraulic systems with new units that contain an improved seal installation. The DGAC classified this service bulletin as mandatory and issued French airworthiness directive 94-010- 005(B), dated January 19, 1994, in order to assure the continued airworthiness of these airplanes in France. 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. Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design, this AD is being issued to prevent loss of hydraulic fluid, which may lead to the loss of the corresponding hydraulic system and its associated functions, and reduced controllability of the airplane. This AD requires replacement of the left- and right-hand inboard and outboard aileron servo controls associated with the green, yellow, and blue hydraulic systems with new units that contain an improved seal installation. The actions are required to be accomplished in accordance with the service bulletin described previously. As a result of recent communications with the Air Transport Association (ATA) of America, the FAA has learned that, in general, some operators may misunderstand the legal effect of AD's on airplanes that are identified in the applicability provision of the AD, but that have been altered or repaired in the area addressed by the AD. The FAA points out that all airplanes identified in the applicability provision of an AD are legally subject to the AD. If an airplane has been altered or repaired in the affected area in such a way as to affect compliance with the AD, the owner or operator is required to obtain FAA approval for an alternative method of compliance with the AD, in accordance with the paragraph of each AD that provides for such approvals. A note has been included in this rule to clarify this long-standing requirement. There currently are no Model A340-211 and -311 airplanes 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 33 work hours to accomplish the required actions, at an average labor charge of $60 per work hour. Based on these figures, the total cost impact of this AD would be $1,980 per airplane. 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, 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 94-NM-142-AD.'' The postcard will be date stamped and returned to the commenter. 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: [[Page 31073]] PART 39--AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 95-12-07 Airbus Industrie: Amendment 39-9257. Docket 94-NM-142-AD. Applicability: Model A340-211 and -311 airplanes on which Airbus Modification 42247 has not been installed (reference Airbus Service Bulletin A340-27-4013, dated October 27, 1993), 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 use the authority provided in paragraph (c) to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition; or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any airplane from the applicability of this AD. Compliance: Required as indicated, unless accomplished previously. To prevent loss of hydraulic fluid, which may lead to the loss of the corresponding hydraulic system and its associated functions, and reduced controllability of the airplane, accomplish the following: (a) Within 3 months after the effective date of this AD, replace the left- and right-hand inboard and outboard aileron servo controls associated with the green hydraulic system with new units that contain an improved seal installation, in accordance with Airbus Service Bulletin A340-27-4013, dated October 27, 1993. (b) Within 6 months after the effective date of this AD, replace the left- and right-hand inboard and outboard aileron servo controls associated with the yellow and blue hydraulic systems with new units that contain an improved seal installation, in accordance with Airbus Service Bulletin A340-27-4013, dated October 27, 1993. (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, Standardization Branch, ANM-113, 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, Standardization Branch, ANM-113. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (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 replacements shall be done in accordance with Airbus Service Bulletin A340-27-4013, dated October 27, 1993. 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. (f) This amendment becomes effective on June 28, 1995. Issued in Renton, Washington, on June 1, 1995. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-13889 Filed 6-12-95; 8:45 am] BILLING CODE 4910-13-U