[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Proposed Rules]
[Pages 12127-12131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4741]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27565; Directorate Identifier 2006-NM-215-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340-200 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Airbus Model A330-200, A330-300, 
A340-200, and A340-300 series airplanes; and Model A340-541 and -642 
airplanes. The existing AD currently requires repetitively resetting 
the display units (DUs) for the electronic instrument system (EIS), 
either by switching them off and back on again or by performing a 
complete electrical shutdown of the airplane. This proposed AD would 
require installing new software, which would end the actions required 
by the existing AD. This proposed AD also would add additional 
airplanes that may be placed on the U.S. Register in the future. This 
proposed AD results from an incident in which all of the DUs for the 
EIS went blank simultaneously during flight. We are proposing this AD 
to prevent automatic reset of the DUs for the EIS during flight and 
consequent loss of data from the DUs, which could reduce the ability of 
the flightcrew to control the airplane during adverse flight 
conditions.

DATES: We must receive comments on this proposed AD by April 16, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2007-27565; Directorate Identifier 2006-NM-215-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

[[Page 12128]]

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On August 18, 2005, we issued AD 2005-17-18, amendment 39-14239 (70 
FR 50166, August 26, 2005), for certain Airbus Model A330-200, A330-
300, A340-200, and A340-300 series airplanes; and Model A340-541 and -
642 airplanes. That AD requires repetitively resetting the display 
units (DUs) for the electronic instrument system (EIS), either by 
switching them off and back on again or by performing a complete 
electrical shutdown of the airplane. That AD resulted from an incident 
in which all of the DUs for the EIS went blank simultaneously during 
flight. We issued that AD to prevent automatic reset of the DUs for the 
EIS during flight and consequent loss of data from the DUs, which could 
reduce the ability of the flightcrew to control the airplane during 
adverse flight conditions.

Actions Since Existing AD Was Issued

    After the issuance of AD 2005-17-18, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, issued French emergency 
airworthiness directive UF-2005-166, dated September 23, 2005, which 
was superseded by F-2005-166 R1, dated October 26, 2005. Those French 
airworthiness directives cancelled French airworthiness directive UF-
2005-150, dated August 10, 2005 (referred to in AD 2005-17-18), and 
required that the resets be done only by the aircraft flightcrew in 
accordance with Airbus A330 Airplane Flight Manual (AFM) Temporary 
Revision (TR) 4.03.00/26 and A340 AFM TR 4.03.00/37, both dated October 
11, 2005; as applicable. We determined at that time that further 
rulemaking was not necessary, because AD 2005-17-18 adequately 
addresses the unsafe condition by requiring the resets to be done 
either by certificated maintenance personnel or by the flightcrew. In 
addition, we approved TRs 4.03.00/26 and 4.03.00/37 as alternative 
methods of compliance (AMOC) to the requirements of paragraph (f) of AD 
2005-17-18 (addressed in paragraph (j)(3) of this proposed AD).
    In the preamble to AD 2005-17-18, we specified that the actions 
required by that AD were considered ``interim action'' and that the 
manufacturer was developing a modification to address the unsafe 
condition. We indicated that we may consider further rulemaking once 
the modification was developed, approved, and available. The 
manufacturer now has developed such a modification, and we now have 
determined that further rulemaking action is indeed necessary; this 
proposed AD follows from that determination.

Relevant Service Information

    Airbus has issued the primary service bulletins in the following 
table:

                        Primary Service Bulletins
------------------------------------------------------------------------
      Airbus Service Bulletin--                   For Model--
------------------------------------------------------------------------
A330-31-3087, dated June 26, 2006....  A330-201, -202, -203, -223, -243,
                                        -301, -302, -303, -321, -322, -
                                        323, -341, -342, and -343
                                        airplanes.
A340-31-4100, dated June 26, 2006....  A340-211, -212, -213, -311, -312,
                                        and -313 airplanes.
A340-31-5021, dated June 26, 2006....  A340-541 and -642 airplanes.
------------------------------------------------------------------------

    These primary service bulletins describe procedures for installing 
electronic instrument system 2 (EIS2) software standard L6-1, which 
would end the actions required by AD 2005-17-18.
    Airbus also has issued the service bulletins in the following 
table:

                      Additional Service Bulletins
------------------------------------------------------------------------
                                                      Which must be done
                                                         prior to the
    Airbus Service Bulletin--          Describes       actions specified
                                   procedures for--    in Airbus Service
                                                          Bulletin--
------------------------------------------------------------------------
A330-31-3069, Revision 01, dated  Installing EIS2     A330-31-3087,
 December 27, 2004.                software standard   dated June 26,
                                   L5.                 2006.
A330-31-3056, Revision 02, dated  Installing Thales   A330-31-3087,
 March 24, 2003.                   display system      dated June 26,
                                   standard L4.        2006.
A340-31-4087, Revision 01, dated  Installing EIS2     A340-31-4100,
 December 27, 2004.                software standard   dated June 26,
                                   L5.                 2006.
A340-31-5012, Revision 01, dated  Installing EIS2     A340-31-5021,
 December 27, 2004.                software standard   dated June 26,
                                   L5.                 2006.
------------------------------------------------------------------------

    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The European 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union, mandated the service information 
and issued EASA airworthiness directive 2006-0196, dated July 10, 2006 
(which cancels French airworthiness directive F-2005-166 R1), to ensure 
the continued airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness

[[Page 12129]]

agreement. Pursuant to this bilateral airworthiness agreement, the EASA 
has kept the FAA informed of the situation described above. We have 
examined the EASA's findings, evaluated all pertinent information, and 
determined that AD action is necessary for airplanes of this type 
design that are certificated for operation in the United States.
    This proposed AD would supersede AD 2005-17-18 and would retain the 
requirements of the existing AD. This proposed AD would also require 
accomplishing the actions specified in service bulletins described 
previously, which would end the repetitive actions required by AD 2005-
17-18. This proposed AD also would add additional airplanes that are 
subject to the identified unsafe condition of this proposed AD and that 
may be placed on the U.S. Register in the future.

Difference Between the EASA Airworthiness Directive and This Proposed 
AD

    The applicability of EASA airworthiness directive 2006-0196 
excludes certain airplanes on which Airbus Service Bulletin A330-31-
3087, A340-31-4100, or A340-31-5021 has been done in service. However, 
we have not excluded those airplanes in the applicability of this 
proposed AD; rather, this proposed AD includes a requirement to 
accomplish the actions specified in the original issue of those service 
bulletins. This requirement would ensure that the actions specified in 
the service bulletins and required by this proposed AD are accomplished 
on all affected airplanes. Operators must continue to operate the 
airplane in the configuration required by this proposed AD unless an 
AMOC is approved.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate per hour is 
$80.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                 Number of U.S.-
           Action               Work hour(s)        Parts           Cost per       registered       Fleet cost
                                                                    airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Resetting the DUs (required   1..............  None...........  $80, per reset.              27  $2,160, per
 by AD 2005-17-18).                                                                               reset.
Installation of new software  3..............  The              $240...........              27  $6,480.
 (new proposed action).                         manufacturer
                                                states that it
                                                will supply
                                                required parts
                                                to the
                                                operators at
                                                no cost.
Additional requirement (new   Between 1 and 5  The              Between $80 and              27  Between $2,160
 proposed action).             depending on     manufacturer     $400,                            and $10,800,
                               the airplane     states that it   depending on                     depending on
                               configuration.   will supply      the airplane                     the
                                                required parts   configuration.                   configuration
                                                to the                                            of the fleet.
                                                operators at
                                                no cost.
----------------------------------------------------------------------------------------------------------------

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.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14239 (70 FR 50166, August 26, 2005) and adding 
the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2007-27565; Directorate Identifier 2006-NM-
215-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 16, 
2007.

Affected ADs

    (b) This AD supersedes AD 2005-17-18.

Applicability

    (c) This AD applies to Airbus Model A330 and A340 airplanes; 
certificated in any category; on which one of the Airbus Electronic 
Instrument System 2 (EIS2) software versions listed in Table 1 of 
this AD

[[Page 12130]]

is installed; excluding those airplanes on which Airbus Modification 
53063 has been done in production.

                         Table 1.--Applicability
------------------------------------------------------------------------
                                    Installed by     Or installed by one
                                     this Airbus       of these Airbus
      EIS2 software version        modification in  service bulletins in
                                     production            service
------------------------------------------------------------------------
L4-1............................             51153  A330-31-3056, A330-
                                                     31-3057, or A340-31-
                                                     5001.
L5..............................             51974  A330-31-3056, A330-
                                                     31-3069, A340-31-
                                                     4087, or A340-31-
                                                     5012.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from an incident in which all of the display 
units (DUs) for the EIS went blank simultaneously during flight. We 
are issuing this AD to prevent automatic reset of the DUs for the 
EIS during flight and consequent loss of data from the DUs, which 
could reduce the ability of the flightcrew to control the airplane 
during adverse flight conditions.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2005-17-18

Resetting the DUs for the EIS

    (f) For Model A330-201, -202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212, 
-213, -311, -312, -313, -541, and -642 airplanes: Within 2 days 
after September 12, 2005 (the effective date of AD 2005-17-18), or 
within 4 days after the last reset of the DUs for the EIS or 
complete electrical shutdown of the airplane, whichever is first: 
Reset the DUs for the EIS by doing the actions in either paragraph 
(f)(1) or (f)(2) of this AD. Thereafter, do the actions in paragraph 
(f)(1) or (f)(2) of this AD at intervals not to exceed 4 days.
    (1) Switch off each DU for the EIS, wait 5 seconds or longer, 
and switch the DU back on again, in accordance with Airbus All 
Operator Telex (AOT) A330-31A3092 (for Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes), 
A340-31A4102 (for A340-211, -212, -213, -311, -312, and -313 
airplanes), or A340-31A5023 (for Model A340-541 and -642 airplanes), 
all dated August 1, 2005, as applicable. This action may be 
performed by the flight deck crew or by certificated maintenance 
personnel.
    (2) Perform a complete electrical shutdown of the airplane.

New Requirements of This AD

Installation of New Software

    (g) For airplanes other than those identified in paragraph (f) 
of this AD: Within 2 days after the effective date of this AD, or 
within 4 days after the last reset of the DUs for the EIS or 
complete electrical shutdown of the airplane, whichever is first, do 
the reset specified in paragraph (f) of this AD and repeat 
thereafter at intervals not to exceed 4 days, until the installation 
required by paragraph (h) of this AD has been done.
    (h) For all airplanes: Within 7 months after the effective date 
of this AD, install EIS2 software standard L6-1 in accordance with 
the applicable service bulletin identified in Table 2 of this AD. 
Accomplishing the installation ends the actions required by 
paragraphs (f) and (g) of this AD.

      Table 2.--Service Bulletins for Installation of New Software
------------------------------------------------------------------------
      Airbus service bulletin--                   For model--
------------------------------------------------------------------------
(1) A330-31-3087, dated June 26, 2006  A330-201, -202, -203, -223, -243,
                                        -301, -302, -303, -321, -322, -
                                        323, -341, -342, and -343
                                        airplanes.
(2) A340-31-4100, dated June 26, 2006  A340-211, -212, -213, -311, -312,
                                        and -313 airplanes.
(3) A340-31-5021, dated June 26, 2006  A340-541 and -642 airplanes.
------------------------------------------------------------------------

Additional Requirements

    (i) Prior to accomplishing the requirements specified in 
paragraph (g) of this AD, do the applicable action(s) specified in 
Table 3 of this AD.

                    Table 3.--Additional Requirements
------------------------------------------------------------------------
                                                      In accordance with
  For airplanes identified in--        Install--        Airbus service
                                                          bulletin--
------------------------------------------------------------------------
(1) Paragraph (h)(1) of this AD.  (i) EIS2 software   A330-31-3069,
                                   standard L5.        Revision 01,
                                                       dated December
                                                       27, 2004.
                                  (ii) Thales         A330-31-3056,
                                   display system      Revision 02,
                                   standard L4.        dated March 24,
                                                       2003.
(2) Paragraph (h)(2) of this AD.  EIS2 software       A340-31-4087,
                                   standard L5.        Revision 01,
                                                       dated December
                                                       27, 2004.
(3) Paragraph (h)(3) of this AD.  EIS2 software       A340-31-5012,
                                   standard L5.        Revision 01,
                                                       dated December
                                                       27, 2004.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 2005-17-18 
are approved as AMOCs for the corresponding provisions of paragraph 
(f) of this AD.

Related Information

    (k) European Aviation Safety Agency airworthiness directive 
2006-0196, dated July 10, 2006, also addresses the subject of this 
AD.


[[Page 12131]]


    Issued in Renton, Washington, on March 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-4741 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P