AD 2017-25-13

[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Rules and Regulations]
[Pages 59960-59963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-26837]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0627; Product Identifier 2017-NM-037-AD; Amendment 
39-19127; AD 2017-25-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and 
Airbus Model A340-200, -300, -500, and -600 series airplanes. This AD 
was prompted by a report that the trimmable horizontal stabilizer 
actuator (THSA) might not function as intended after failure of the 
primary load path. This AD requires repetitive detailed visual 
inspections for discrepancies of the THSA upper attachments and no-back 
housing. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective January 22, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 22, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; email: <a href="/cdn-cgi/l/email-protection#83e2eaf1f4ecf1f7ebeaede6f0f0adc2b0b0b3aec2b0b7b3c3e2eaf1e1f6f0ade0ecee"><span class="__cf_email__" data-cfemail="c4a5adb6b3abb6b0acadaaa1b7b7ea85f7f7f4e985f7f0f484a5adb6a6b1b7eaa7aba9">[email&#160;protected]</span></a>; 
internet: <a href="http://www.airbus.com">http://www.airbus.com</a>. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW, Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221. It is also available on the internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2017-0627.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0627; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone: 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1138; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus Model A330-200 
Freighter, -200, and -300 series airplanes; and Airbus Model A340-200, 
-300, -500, and -600 series airplanes. The NPRM published in the 
Federal Register on June 30, 2017 (82 FR 29795) (``the NPRM''). The 
NPRM was prompted by a report that the THSA might not function as 
intended after failure of the primary load path. The NPRM proposed to 
require repetitive detailed visual inspections for discrepancies of the 
THSA upper attachments and no-back housing. We are issuing this AD to 
detect and correct discrepancies of the THSA upper attachments and no-
back housing, which could lead to THSA upper attachment failure and 
consequent disconnection of the THSA from the airplane structure, 
possibly resulting in loss of control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0044, dated March 9, 2017 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all Airbus Model A330-200 Freighter, -200 and -300 
series airplanes; and Airbus Model A340-200, -300, -500, and -600 
series airplanes. The MCAI states:

    The Trimmable Horizontal Stabilizer Actuator (THSA), as 
installed on A330 and A340 aeroplanes, was initially designed to 
stall when engaging on the upper secondary load path (SLP) after 
primary load path (PLP) failure. Such stall triggers system 
monitoring detection. New mission profile analysis revealed that in 
some cases, the THSA could be operated while engaged on the upper 
SLP without stalling [i.e., the THSA might not function as intended 
after failure of the primary load path]. The partial engagement of 
the SLP at upper attachment level does not trigger any indication to 
the flight crew.
    This condition, if not detected and corrected, could lead to 
THSA upper attachment failure and consequent disconnection of the 
THSA from the aeroplane structure, possibly resulting in loss of 
control of the aeroplane.
    For the reasons described above, this [EASA] AD requires 
repetitive detailed [visual] inspections (DET) of the upper THSA 
attachments parts and the PLP and SLP fuselage attachment points, 
and, depending on findings (which include, but are not limited to, 
failure of the primary load path), accomplishment of applicable 
[additional inspections for discrepancies and] corrective action(s).

    The additional inspections include a detailed visual inspection for 
discrepancies of the upper attachment fitting of the airplane and a 
detailed visual inspection for discrepancies of the removed THSA. 
Corrective actions include repair and replacement of the THSA. You may 
examine the MCAI in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0627.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA), expressed 
its support for the NPRM.

Request To Delay Publication of the Final Rule or Note Discrepancy in 
Service Information

    Delta Airlines (DAL) requested that we delay publication of the 
final rule or include information regarding a

[[Page 59961]]

discrepancy found in Airbus Service Bulletin A330-27-3218, Revision 01, 
dated December 5, 2016, which specifies to use Aircraft Maintenance 
Manual (AMM) task 27-44-00-210-805. However, AMM task 27-44-00-210-805 
is missing from the A330 AMM revision dated July 1, 2017. DAL preferred 
to avoid the need for an alternative method of compliance (AMOC) to 
accomplish the tasks required by Airbus Service Bulletin A330-27-3218, 
Revision 01, dated December 5, 2016. DAL also contacted Airbus 
regarding this issue.
    We disagree with the request to delay this final rule. We also 
disagree that information regarding the discrepancy should be 
specifically included. Although Airbus Service Bulletin A330-27-3218, 
Revision 01, dated December 5, 2016, specifies to use AMM task 27-44-
00-210-805, the service information also includes information to 
perform a detailed visual inspection using SUBTASK 273218-832-001-001 
if AMM task 27-44-00-210-805 is unavailable. Therefore, no changes to 
this AD are necessary regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
    <bullet> Airbus Service Bulletin A330-27-3218, Revision 01, dated 
December 5, 2016.
    <bullet> Airbus Service Bulletin A340-27-4203, Revision 01, dated 
December 5, 2016.
    <bullet> Airbus Service Bulletin A340-27-5067, Revision 01, dated 
December 5, 2016.
    This service information describes procedures for detailed visual 
inspections for discrepancies of the THSA upper attachments and no-back 
housing, additional inspections for discrepancies, and corrective 
actions. These documents are distinct since they apply to different 
airplane models. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 102 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.................  3 work-hours x $85                 $0  $255 per inspection    $26,010 per
                              per hour = $255 per                    cycle.                 inspection cycle.
                              inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the required inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  20 work-hours x $85 per hour =             $734,661        $736,361
                                              $1,700.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for other on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect 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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

[[Page 59962]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-25-13 Airbus: Amendment 39-19127; Docket No. FAA-2017-0627; 
Product Identifier 2017-NM-037-AD.

(a) Effective Date

    This AD is effective January 22, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342 
and -343 airplanes; and Airbus Model A340-211, -212, -213, -311, -
312, -313, -541, and -642 airplanes; certificated in any category, 
all manufacturer's serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a report that the trimmable horizontal 
stabilizer actuator (THSA) might not function as intended after 
failure of the primary load path. We are issuing this AD to detect 
and correct discrepancies of the THSA upper attachments and no-back 
housing, which could lead to THSA upper attachment failure and 
consequent disconnection of the THSA from the airplane structure, 
possibly resulting in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Detailed Visual Inspections

    Before exceeding the threshold in Table 1 to paragraph (g) of 
this AD, as applicable, or within 3 months after the effective date 
of this AD, whichever occurs later; and thereafter at intervals not 
to exceed the inspection interval values defined in Table 1 to 
paragraph (g) of this AD; accomplish a detailed visual inspection 
for discrepancies of the THSA upper attachments and no-back housing, 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-27-3218, Revision 01, A340-27-4203, Revision 01, or 
A340-27-5067, Revision 01, all dated December 5, 2016, as 
applicable. Where the ``Threshold'' column of table 1 to paragraph 
(g) of this AD specifies compliance times in ``FH'' (flight hours) 
or ``FC'' (flight cycles), those compliance times are flight hours 
or flight cycles since the first flight of the airplane, or since 
the last accomplishment of Airbus Model A330 or A340 Maintenance 
Review Board Report task 27.40.00/07, or since the last detailed 
visual inspection of the THSA done in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3218, 
Revision 00, A340-27-4203, Revision 00, or A340-27-5067, Revision 
00, all dated July 1, 2016, as applicable.

   Table 1 to Paragraph (g) of This AD--THSA Upper Attachments/No-Back
                           Housing Inspections
------------------------------------------------------------------------
                                    Compliance times (whichever occurs
                                    first, flight hours (FH) or flight
                                               cycles (FC))
       Affected airplanes        ---------------------------------------
                                                          Inspection
                                       Threshold       interval (not to
                                                            exceed)
------------------------------------------------------------------------
A330, A340-200 and A340-300.....  Before 4,000 FH or  4,000 FH or 1,000
                                   1,000 FC.           FC
A340-500 and A340-600...........  Before 4,000 FH or  4,000 FH or 800 FC
                                   800 FC.
------------------------------------------------------------------------

(h) Additional Inspections and Corrective Actions

    (1) If, during any inspection required by paragraph (g) of this 
AD, any discrepancy identified in the Accomplishment Instructions of 
Airbus Service Bulletin A330-27-3218, Revision 01, A340-27-4203, 
Revision 01, or A340-27-5067, Revision 01, all dated December 5, 
2016, as applicable, is detected, before further flight, remove the 
THSA, and accomplish a detailed visual inspection for discrepancies 
of the upper attachment fitting of the airplane and a detailed 
visual inspection for discrepancies of the removed THSA, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-27-3218, Revision 01, A340-27-4203, Revision 01, or 
A340-27-5067, Revision 01, all dated December 5, 2016, as 
applicable. As an alternative to the removed THSA inspections 
required by this paragraph, before further flight, replace the THSA 
with a serviceable part (as defined in paragraph (i) of this AD).
    (2) If, during any inspection of the upper attachment fitting of 
the airplane required by paragraph (h)(1) of this AD, any 
discrepancy identified in the Accomplishment Instructions of Airbus 
Service Bulletin A330-27-3218, Revision 01, A340-27-4203, Revision 
01, or A340-27-5067, Revision 01, all dated December 5, 2016, as 
applicable, is detected, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (k)(2) of this AD.
    (3) If, during any inspection of the removed THSA required by 
paragraph (h)(1) of this AD, no discrepancy specified in the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3218, 
Revision 01, A340-27-4203, Revision 01, or A340-27-5067, Revision 
01, all dated December 5, 2016, as applicable, is detected, before 
further flight, reinstall the THSA, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3218, 
Revision 01, A340-27-4203, Revision 01, or A340-27-5067, Revision 
01, all dated December 5, 2016, as applicable.
    (4) If, during any inspection of the removed THSA required by 
paragraph (h)(1) of this AD, any discrepancy specified in the 
Accomplishment Instructions of Airbus Service Bulletin A330-27-3218, 
Revision 01, A340-27-4203, Revision 01, or A340-27-5067, Revision 
01, all dated December 5, 2016, as applicable, is detected, before 
further flight, replace the THSA with a serviceable part (as defined 
in paragraph (i) of this AD), in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-27-3218, Revision 01, 
A340-27-4203, Revision 01, or A340-27-5067, Revision 01, all dated 
December 5, 2016, as applicable.

(i) Definition of Serviceable THSA

    For the purpose of this AD, a serviceable THSA is a part that 
has accumulated less than 4,000 FH or 1,000 FC (for Airbus Model 
A330, A340-200, or A340-300 airplanes) or 4,000 FH or 800 FC (for 
Airbus Model A340-500 or A340-600 airplanes), whichever occurs first 
since the first flight of the airplane, or since the last overhaul 
of the THSA, or since the last detailed visual inspection of the 
THSA in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-27-3218, Revision 01, A340-27-4203, Revision 
01, or A340-27-5067, Revision 01, all dated December 5, 2016, as 
applicable.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g), (h)(1), (h)(3), and (h)(4) of this AD, if those 
actions were performed before the effective date of this AD using 
the service information specified in

[[Page 59963]]

paragraph (j)(1), (j)(2), or (j)(3) of this AD, as applicable.
    (1) Airbus Service Bulletin A330-27-3218, Revision 00, dated 
July 1, 2016.
    (2) Airbus Service Bulletin A340-27-4203, Revision 00, dated 
July 1, 2016.
    (3) Airbus Service Bulletin A340-27-5067, Revision 00, dated 
July 1, 2016.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#2b12066a6566061a1a1d066a66646806796e7a7e6e787f786b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="132a3e525d5e3e2222253e525e5c503e4156424656404740537572723d747c65">[email&#160;protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (h)(2) of this AD: If any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0044, dated March 9, 2017, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2017-0627.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; 
telephone: 425-227-1138; fax: 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-27-3218, Revision 01, dated 
December 5, 2016.
    (ii) Airbus Service Bulletin A340-27-4203, Revision 01, dated 
December 5, 2016.
    (iii) Airbus Service Bulletin A340-27-5067, Revision 01, dated 
December 5, 2016.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; email: <a href="/cdn-cgi/l/email-protection#2d4c445f5a425f59454443485e5e036c1e1e1d006c1e191d6d4c445f4f585e034e4240"><span class="__cf_email__" data-cfemail="99f8f0ebeef6ebedf1f0f7fceaeab7d8aaaaa9b4d8aaada9d9f8f0ebfbeceab7faf6f4">[email&#160;protected]</span></a>; 
internet: <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on December 5, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-26837 Filed 12-15-17; 8:45 am]
 BILLING CODE 4910-13-P