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9556 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
Rond Point Maurice Bellonte, 31707 2004–NM–206–AD’’ at the beginning of Management Facility office (telephone
Blagnac Cedex, France. your comments. We specifically invite (800) 647–5227) is located on the plaza
You can examine the contents of this comments on the overall regulatory, level of the Nassif Building at the DOT
AD docket on the Internet at http:// economic, environmental, and energy street address stated in the ADDRESSES
dms.dot.gov, or in person at the Docket aspects of the proposed AD. We will section. Comments will be available in
Management Facility, U.S. Department consider all comments submitted by the the AD docket shortly after the DMS
of Transportation, 400 Seventh Street closing date and may amend the receives them.
SW, room PL–401, on the plaza level of proposed AD in light of those
comments. Discussion
the Nassif Building, Washington, DC.
This docket number is FAA–2005– We will post all comments we The Direction Générale de l’Aviation
20452; the directorate identifier for this receive, without change, to http:// Civile (DGAC), which is the
docket is 2004–NM–206–AD. dms.dot.gov, including any personal airworthiness authority for France,
FOR FURTHER INFORMATION CONTACT: Tim
information you provide. We will also notified the FAA that an unsafe
post a report summarizing each condition may exist on certain Airbus
Backman, Aerospace Engineer,
substantive verbal contact with FAA Model A330, A340–200, and A340–300
International Branch, ANM–116, FAA,
personnel concerning this proposed AD. series airplanes. The DGAC advises of
Transport Airplane Directorate, 1601
Using the search function of our docket several cases of bushing migration on
Lind Avenue, SW., Renton, Washington
website, anyone can find and read the the inboard and outboard actuator
98055–4056; telephone (425) 227–2797;
comments in any of our dockets, fittings of the aileron servo-controls; in
fax (425) 227–1149.
including the name of the individual one case the bushing had migrated
SUPPLEMENTARY INFORMATION: who sent the comment (or signed the completely out of the actuator fitting
Docket Management System (DMS) comment on behalf of an association, and the fitting was cracked.
business, labor union, etc.). You can
The FAA has implemented new Investigation revealed that, in cases of
review the DOT’s complete Privacy Act
procedures for maintaining AD dockets bushing migration, the cracking is due
Statement in the Federal Register
electronically. As of May 17, 2004, new to fatigue initiated by very high
published on April 11, 2000 (65 FR
AD actions are posted on DMS and unsymmetrical loads. It has been
19477–78), or you can visit http://
assigned a docket number. We track determined that airplanes affected are
dms.dot.gov.
each action and assign a corresponding We are reviewing the writing style we those equipped with aileron servo-
directorate identifier. The DMS AD currently use in regulatory documents. controls with ECP–8 or ECP–9 standard
docket number is in the form ‘‘Docket We are interested in your comments on installed in service. These aileron servo-
No. FAA–2005–99999.’’ The Transport whether the style of this document is controls are equipped with new
Airplane Directorate identifier is in the clear, and your suggestions to improve attachment bolts with a reduced
form ‘‘Directorate Identifier 2004–NM– the clarity of our communications that diameter and small head. This
999–AD.’’ Each DMS AD docket also affect you. You can get more condition, if not corrected, could result
lists the directorate identifier (‘‘Old information about plain language at in rupture of the inboard and outboard
Docket Number’’) as a cross-reference http://www.faa.gov/language and http:// actuator fittings of the aileron servo
for searching purposes. www.plainlanguage.gov. controls, which could result in airframe
vibration and consequent reduced
Comments Invited Examining the Docket structural integrity of the airplane.
We invite you to submit any relevant You can examine the AD docket on Relevant Service Information
written data, views, or arguments the Internet at http://dms.dot.gov, or in
regarding this proposed AD. Send your person at the Docket Management Airbus has issued the service
comments to an address listed under Facility office between 9:00 a.m. and bulletins listed in the table below,
ADDRESSES. Include ‘‘Docket No. FAA– 5:00 p.m., Monday through Friday, which describe procedures for
2005–20452; Directorate Identifier except Federal holidays. The Docket modifying the aileron servo-controls.
A330 series ........................................................ A330–57–3076, Revision 01, dated June 1, Modifying the attachment bolt of the aileron
2004. servo-controls.
A340–200 and –300 series ................................ A340–57–4084, Revision 01, dated June 1, Modifying the attachment bolt of the aileron
2004. servo-controls.
Airbus has also issued Service controls with large-head bolts. The • If there is no bushing migration:
Bulletins A330–57–3075 and A340–57– related investigative/corrective actions Applying a paint mark on the fitting and
4083, both Revision 02, both including are included in Figure 2, Sheets 1 bushing, or accomplishing follow-on
Appendix 01, both dated May 28, 2004. through 5, of the Accomplishment detailed visual inspections to monitor
The service bulletins describe Instructions of the applicable service bushing rotation or migration.
procedures for repetitive detailed visual bulletin. The investigative/corrective • If the bushing is missing (full
inspections for discrepancies of the actions include, among other things: migration): Accomplishing a special
inboard and outboard actuator fitting of • Accomplishing a detailed visual detailed inspection for cracking of the
the aileron servo-controls, any related inspection for bushing migration of the aileron fitting.
investigative/corrective actions; and rod end fittings of the inboard and • If any discrepancies are found
eventual replacement of all the outboard aileron servo-controls. (bushing rotation or partial migration,
attachment bolts of the aileron servo- missing bushing, cracks): Replacing
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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules 9557
with a new bushing or repairing the be acceptable for compliance with this The proposed replacement would take
bushing. proposed AD. about 12 work hours per airplane, at an
• If the bushing migration is outside Airbus Service Bulletins A330–57– average labor rate of $65 per work hour.
the limits specified in the service 3075 and A340–57–4083 recommend Required parts would be free of charge.
bulletins: Contacting Airbus for repair reporting inspection results to the Based on these figures, the estimated
procedures. airplane manufacturer; however, this cost of the proposed replacement is
The service bulletins also recommend proposed AD would not contain that $15,600, or $780 per airplane.
submitting an inspection report to requirement. Authority for This Rulemaking
Airbus with the results of the detailed French airworthiness directive F–
visual inspections. 2004–068 requires that all Model A340 Title 49 of the United States Code
Accomplishing the actions specified series airplanes be retrofitted with the specifies the FAA’s authority to issue
in the service information is intended to ECP–9 standard aileron servo-controls rules on aviation safety. Subtitle I,
adequately address the unsafe before December 31, 2004. Since Section 106, describes the authority of
condition. issuance of that airworthiness directive, the FAA Administrator. Subtitle VII,
The DGAC mandated the service the manufacturer has verified that all Aviation Programs, describes in more
information and issued French Model A340 series airplanes have been detail the scope of the Agency’s
airworthiness directives F–2004–067 retrofitted with the ECP–9 standard, as authority.
and F–2004–068, both dated May 26, recommended in Airbus Service We are issuing this rulemaking under
2004, to ensure the continued Bulletin A340–27–4062. Therefore, this the authority described in Subtitle VII,
airworthiness of these airplanes in proposed AD differs from French Part A, Subpart III, Section 44701,
France. airworthiness directive F–2004–068 by ‘‘General requirements.’’ Under that
excluding the requirements to modify section, Congress charges the FAA with
FAA’s Determination and Requirements aileron servo controls with ECP–7 and promoting safe flight of civil aircraft in
of the Proposed AD ECP–8 standards for those airplanes. air commerce by prescribing regulations
These airplane models are The manufacturer has also verified that for practices, methods, and procedures
manufactured in France and are type all Model A330 series airplanes had the the Administrator finds necessary for
certificated for operation in the United ECP–9 standard installed by either safety in air commerce. This regulation
States under the provisions of section Airbus Modification 45512 or by is within the scope of that authority
21.29 of the Federal Aviation retrofit, as recommended in Airbus because it addresses an unsafe condition
Regulations (14 CFR 21.29) and the Service Bulletin A330–27–3054. that is likely to exist or develop on
applicable bilateral airworthiness Therefore, this proposed AD excludes products identified in this rulemaking
agreement. Pursuant to this bilateral those requirements for Model A330 and action.
airworthiness agreement, the DGAC has A340 series airplanes that were Regulatory Findings
kept us informed of the situation equipped with ECP–7 and ECP–8
We have determined that this
described above. We have examined the standard aileron servo-controls because
proposed AD will not have federalism
DGAC’s findings, evaluated all pertinent those airplanes have had the ECP–9
implications under Executive Order
information, and determined that we standard installed. For these reasons,
13132. This proposed AD will not have
need to issue an AD for products of this accomplishing the modifications of the
a substantial direct effect on the States,
type design that are certificated for aileron servo-controls to ECP–9
on the relationship between the national
operation in the United States. standard by accomplishing the
government and the States, or on the
Therefore, we are proposing this AD, concurrent service bulletins specified in
distribution of power and
which would require accomplishing the Airbus Service Bulletins A330–57–3076,
responsibilities among the various
actions specified in the service Revision 01, and A330–57–4084,
levels of government.
information described previously, Revision 01, is not required by this
For the reasons discussed above, I
except as discussed under ‘‘Differences proposed AD.
certify that the proposed regulation:
Among Proposed AD, French The differences cited above have been 1. Is not a ‘‘significant regulatory
Airworthiness Directives, and Service coordinated with the DGAC. action’’ under Executive Order 12866;
Information.’’ 2. Is not a ‘‘significant rule’’ under the
Clarification of Inspection Terminology
Differences Among Proposed AD, DOT Regulatory Policies and Procedures
The Airbus service bulletins specify (44 FR 11034, February 26, 1979); and
French Airworthiness Directives, and to do a ‘‘detailed visual inspection’’ for
Service Information 3. Will not have a significant
discrepancies of the inboard and economic impact, positive or negative,
The French airworthiness directives outboard actuator fitting of the aileron on a substantial number of small entities
and Airbus Service Bulletins A330–57– servo-controls. This proposed AD under the criteria of the Regulatory
3075 and A340–57–4083 specify that instead requires a ‘‘detailed inspection,’’ Flexibility Act.
operators may contact the manufacturer which is defined in Note 2 of this AD. We prepared a regulatory evaluation
for disposition of certain repair of the estimated costs to comply with
Costs of Compliance
conditions, but this proposed AD would this proposed AD. See the ADDRESSES
require operators to repair those This proposed AD would affect about section for a location to examine the
conditions per a method approved by 20 airplanes of U.S. registry. regulatory evaluation.
either the FAA or the DGAC (or its The proposed inspection would take
delegated agent). In light of the type of about 16 work hours per airplane (2 List of Subjects in 14 CFR Part 39
repair that would be required to address hours per fitting), at an average labor Air transportation, Aircraft, Aviation
the unsafe condition, and consistent rate of $65 per work hour. Based on safety, Safety.
with existing bilateral airworthiness these figures, the estimated cost of the
agreements, we have determined that, proposed inspection is $20,800, or The Proposed Amendment
for this proposed AD, a repair approved $1,040 per airplane, per inspection Accordingly, under the authority
by either the FAA or the DGAC would cycle. delegated to me by the Administrator,
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9558 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
the FAA proposes to amend 14 CFR part Comments Due Date migrated completely out of the actuator
39 as follows: (a) The Federal Aviation Administration fitting and the fitting was cracked. We are
must receive comments on this AD action by issuing this AD to prevent rupture of the
PART 39—AIRWORTHINESS March 30, 2005. inboard and outboard actuator fittings of the
DIRECTIVES aileron servo controls, which could result in
Affected ADs
airframe vibration and consequent reduced
(b) None. structural integrity of the airplane.
1. The authority citation for part 39
continues to read as follows: Applicability Compliance
Authority: 49 U.S.C. 106(g), 40113, 44701. (c) This AD applies to Airbus Model A330 (e) You are responsible for having the
and A340–200 and –300 series airplanes,
actions required by this AD performed within
§ 39.13 [Amended] certificated in any category, except those on
the compliance times specified, unless the
which Airbus Modification 50660 has been
2. The FAA amends § 39.13 by adding accomplished. actions have already been done.
the following new airworthiness Unsafe Condition Service Bulletin References
directive (AD): (f) The term ‘‘service bulletin,’’ as used in
(d) This AD was prompted by several cases
Airbus: Docket No. FAA–2005–20452; of bushing migration on the inboard and this AD, means the Accomplishment
Directorate Identifier 2004–NM–206–AD. outboard actuator fittings of the aileron Instructions of the applicable service bulletin
servo-controls; in one case the bushing had identified in Table 1 of this AD.
A330 series airplanes ................................................... A330–27–3075, Revision 02, dated May 28, 2004 .... None.
A330 series airplanes ................................................... A330–57–3076, Revision 01, dated June 1, 2004 ..... Original dated March 14, 2003.
A340–200 and –300 series airplanes .......................... A340–27–4083, Revision 02, dated May 28, 2004 .... None.
A340–200 and –300 series airplanes .......................... A340–57–4084,Revision 01, dated June 1, 2004 ...... Original, dated March 14, 2003.
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