Airworthiness directives: Airbus,

[Federal Register: September 15, 1999 (Volume 64, Number 178)]

[Rules and Regulations]

[Page 49979-49981]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15se99-9]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-159-AD; Amendment 39-11312; AD 99-19-25]

RIN 2120-AA64

Airworthiness Directives; Airbus Model A340 Series 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 series airplanes. This action requires a one-time inspection of all gland nuts supplied with certain shock struts of the center landing gear (CLG) to verify that the gland nuts have the correct thread profile, and replacement of any defective gland nut with a new gland nut. 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 the failure of the CLG, and subsequent damage to the airplane structure or injury to airplane occupants.

DATES: Effective September 30, 1999.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 30, 1999.

Comments for inclusion in the Rules Docket must be received on or before October 15, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 99-NM-159-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, during take-off, the center landing gear (CLG) shock strut of an in-service airplane disengaged from the CLG main fitting because of a defective gland nut. Inspection of the defective gland nut revealed that the thread profile of the gland nut was incorrect. This condition, if not corrected, could result in the failure of the CLG, and subsequent damage to the airplane structure or injury to airplane occupants.

Explanation of Relevant Service Information

Airbus has issued Service Bulletin A340-32-4111, Revision 01, dated May 28, 1998, which describes procedures for a one-time inspection of all gland nuts supplied with certain shock struts of the CLG to verify that the gland nuts have the correct thread profile. For any defective gland nut, the service bulletin describes procedures for replacement of the gland nut with a new part.

Accomplishment of the actions specified in Airbus Service Bulletin A340-32-4111 is intended to adequately address the identified unsafe condition. The DGAC classified this service bulletin as mandatory and issued French airworthiness directive 98-153-088(B), dated April 8, 1998, in order to assure the continued airworthiness of these airplanes in France.

Airbus Service Bulletin A340-32-4111 refers to Messier-Dowty Service Bulletin No. M-DT SB18000-32-8, dated October 30, 1997, which provides the criteria for acceptability of the gland nut and is an additional source of service information for accomplishment of the inspection and replacement.

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 the failure of the CLG, and subsequent damage to the airplane structure or injury to airplane occupants. This AD requires accomplishment of the actions specified in Airbus Service Bulletin A340-32-4111, described previously.

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 4 work hours to accomplish the required inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this AD would be $240 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

[[Page 49980]]

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 filedin 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 99-NM-159-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:

   99-19-25 Airbus Industrie: Amendment 39-11312. Docket 99-NM-159-AD.

   Applicability: Model A340 series airplanes, certificated in any category, on which Airbus Modification 43028 (reference Airbus Service Bulletin A340-32-4083, dated September 19, 1996) has been incorporated.

   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 the failure of the center landing gear (CLG), and subsequent damage to the airplane structure or injury to airplane occupants, accomplish the following:

   Inspection

   (a) Within one month after the effective date of this AD, perform a detailed visual inspection of all gland nuts supplied with the 18000 series shock struts, part numbers 18100-1001 through 18100-1061 and part numbers 18105-1001 through 18105-1061, on the CLG to verify that the gland nuts have the correct thread profile, in accordance with Airbus Service Bulletin A340-32-4111, Revision 01, dated May 28, 1998. For any gland nut thread profile that is not acceptable, as specified by the service bulletin: Prior to further flight, replace that gland nut with a new part, in accordance with the service bulletin.

   Note 2: For the purposes of this AD, a detailed visual inspection is defined as: ``An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.''

   Note 3: Accomplishment of the inspection in accordance with Airbus Service Bulletin A340-32-4111, dated November 27, 1997, is acceptable for compliance with the requirements of paragraph (a) of this AD.

   Note 4: Airbus Service Bulletin A340-32-4111 refers to Messier- Dowty Service Bulletin No. M-DT SB18000-32-8, dated October 30, 1997, as an additional source of service information for the inspection, the replacement of any defective gland nut, and the criteria for acceptability of the gland nut thread profile.

   Spares

   (b) As of the effective date of this AD, no person shall install an 18000 series shock strut, part numbers 18100-1001 through 18100- 1061 and part numbers 18105-1001 through 18105-1061, on the CLG of any airplane, unless that shock strut has been inspected and applicable corrective actions have been performed in accordance with Airbus Service Bulletin A340-32-4111, dated November 27, 1997, or Airbus Service Bulletin A340-32-4111, Revision 01, dated May 28, 1998.

   Alternative Methods of Compliance

   (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 5: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.

   Special Flight Permits

   (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.

   Incorporation by Reference

   (e) The actions shall be done in accordance with Airbus Service Bulletin A340-32-4111, Revision 01, dated May 28, 1998. 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,

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   Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

   Note 6: The subject of this AD is addressed in French airworthiness directive 98-153-088(B), dated April 8, 1998.

   (f) This amendment becomes effective on September 30, 1999.

   Issued in Renton, Washington, on September 2, 1999. Dorenda D. Baker, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 99-23470Filed9-14-99; 8:45 am]

   BILLING CODE 4910-13-P