The Direction G n rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified the FAA that an unsafe condition may exist on certain Airbus Model A330 and A340 series airplanes. The DGAC advises that there has been a report of a broken spherical washer found in the rear flap track-to-wing attachment assembly at track 4 on a production Model A330 series airplane prior to delivery. The cause of the breakage has been attributed to stress fracture when the washer was under load. If the washer breaks, the load is transferred to two fail-safe bolts. Although the flaps are still operable in this condition, the fail-safe bolts are able to withstand the load only for a limited period of time. Failure of these two bolts could result in the separation of the affected flap from the airplane. This condition, if not corrected, could adversely affect the controllability of the airplane. Additionally, the departing flap couldpose a hazard to people and/or property on the ground.
The spherical washers that are subject to breakage are installed on Model A330 and A340 series airplanes at the rear flap track-to-wing trailing edge attachment assemblies on tracks 2 to 5 (left-hand and right-hand).
Airbus has issued Service Bulletin A330-57-3016 (for Model A330 series airplanes), and Service Bulletin A340-57-4033 (for Model A340 series airplanes, both dated April 26, 1995. These service bulletins describe procedures for conducting repetitive visual inspections to detect cracking, corrosion, or free play in the spherical washer installed at the aft flap track-to-wing trailing edge attachment assemblies at track 2 to 5 (left-hand and right-hand). If any of these discrepancies are found, the washer must be replaced prior to further flight. The DGAC classified these service bulletins as mandatory and issued French airworthiness directives (CN) 95-129-013(B) applicable to Model A330 series airplanes, and CN 95-130-024(B) applicable to Model A340 series airplanes, both dated July 1, 1995, in order to assure the continued airworthiness of these airplanes in France.
Airbus has also issued Service Bulletin A330-57-3016 (for Model A330 series airplanes) and Service Bulletin A340-57-4021 (for Model A340 series airplanes), both dated April 26, 1995. These service bulletins describe procedures for replacing the spherical washers installed at the aft flap track-to-wing trailing edge attachment assemblies with new spherical washers. These new washers are manufactured from a different material having modified tolerances, and will provide improved strength so as to minimize the risk of stress cracking. The DGAC classified these service bulletins as "recommended."
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 registered in the United States, this AD is being issued to prevent breakage of the spherical washers installed at the aft flap track-to-wing trailing edge attachment assembly, which could result in structural damage to the attachment and eventually lead to separation of the flap from the airplane. This AD requires repetitive visual inspections to detect cracking, corrosion, or free play in the spherical washer installed at the aft flap track-to-wing trailing edge attachment assemblies at track 2 to 5 (left-hand and right-hand), and replacement of washers showing any of these discrepancies. This AD also provides for an optional terminating action for the repetitive inspections, consisting of replacement of all of the washers with improved washers. The actions are required to be accomplished in accordance with the service bulletins described previously.
None of the Model A330 or 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; 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 36 work hours to accomplish the required inspections, at an average labor charge of $60 per work hour. Based on these figures, the total cost impact of this AD would be $2,160 per airplane per inspection.
Should an operator elect to accomplish the optional terminating action (replacement of washers), it would require approximately 38 work hours to accomplish, at an average labor charge of $60 per work hour. Required parts would be provided by the manufacturer at no cost to operators. Based on these figures, the total cost impact of the optional terminating action would be $2,280 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 95-NM-196-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 thatthis 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 USC 106(g), 40101, 40113, 44701.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: