[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Rules and Regulations]
[Pages 50871-50874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19701]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0041; Directorate Identifier 2009-NM-218-AD; 
Amendment 39-16392; AD 2010-17-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
Airplanes, Model A340-211, -212, -213, -311, -312, and -313 Airplanes, 
and Model A340-541 and -642 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 the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
* * * * *

Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective September 22, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 22, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 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 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 21, 2010 (75 
FR 3420). That NPRM proposed to correct an unsafe condition for the 
specified products.
    Since that NPRM was issued, the European Aviation Safety Agency 
(EASA), which is the aviation authority for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2009-
0202R1, dated April 15, 2010 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. (MCAI 2009-
0202-E, dated September 21, 2009, and corrected September 22, 2009, was 
referred to in the NPRM.) The

[[Page 50872]]

MCAI has been revised to exclude pitot probes marked with a red torque 
check-indicating mark. If the red indicating mark is on the pitot 
probe, it can be installed with no further action. The MCAI states:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
    This AD [MCAI] is revised in order to exclude from the torque-
check required by paragraph (4) of this AD those pitot probes marked 
with a red torque check-mark.

Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect union 
fitted on the pitot probe is not adequately torqued, the corrective 
action includes applying torque. You may obtain further information by 
examining the MCAI in the AD docket.

Revised Service Information

    Airbus has issued All Operators Telexes (AOTs) A330-34A3235 (for 
Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -
323, -341, -342, and -343 airplanes); A340-34A4241 (for Model A340-211, 
-212, -213, -311, -312, and -313 airplanes); and A340-34A5074 (for 
Model A340-541 and -642 airplanes); all Revision 02, all dated March 1, 
2010. We have revised Table 1 of this AD to add Revision 02 of the AOTs 
as the appropriate source of service information for accomplishing the 
specified actions. We have also added a new Table 2 to this AD to give 
credit for accomplishing the actions using the previous issues of the 
AOTs.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Support for NPRM

    The Airline Pilots Association (ALPA) supports the intent of the 
NPRM and appreciates the opportunity to comment.

Request for Credit for Actions Accomplished Previously

    Delta Airlines asks that the NPRM be revised to allow credit for 
either adequate torqueing of the pneumatic quick-disconnect union of 
each pitot probe for affected pitot probes, or updating the aircraft 
maintenance manual (AMM) to ensure that the pneumatic quick-disconnect 
union of each pitot probe is torqued properly during installation. 
Delta states that Airbus AOT A330-34A3235, Revision 02, dated March 1, 
2010, specifies that for pitot probes that are still held as spares 
there are two choices of actions as noted above.
    Delta also asks that the NPRM be revised to give credit for pitot 
probes remanufactured and returned to Delta by Goodrich on which the 
proposed requirements were done before Airbus AOT A330-32A3235 dated 
September 10, 2009, or Revision 1, dated September 21, 2009, were 
issued. Delta notes that those pitot probes were returned with adequate 
torque but do not have a torque check indicating mark (Airbus AOT A330-
32A3235, Revision 02, dated March 1, 2010, adds a torque check 
indicating mark after the pitot probe is adequately torqued). Delta 
states that it was proactive in correcting any deficiencies by taking 
immediate corrective actions. Delta adds that an allowance for this 
method of compliance should be included in the NPRM to avoid processing 
an alternative method of compliance (AMOC).
    We disagree with the commenter's request to give credit for pitot 
probes remanufactured by Goodrich because non-marked pitot probes may 
be unintentionally installed on the airplane without performing a 
proper torque check. However, under the provisions of paragraph (h) of 
the final rule, we will consider requests for approval of an 
alternative method of compliance for using specific pitot probes 
identified by an operator if sufficient data are submitted to 
substantiate that the pitot probes would provide an acceptable level of 
safety.
    Regarding Delta's comment on spare parts, we have revised paragraph 
(g)(4) of this AD to give credit for installing parts that have the 
torque check indicating mark.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 47 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
the AD on U.S. operators to be $3,995, or $85 per product.

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.

[[Page 50873]]

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 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); 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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-17-02 Airbus: Amendment 39-16392. Docket No. FAA-2010-0041; 
Directorate Identifier 2009-NM-218-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in 
any category; all manufacturer serial numbers; with pitot probes 
having Goodrich part number (P/N) 0851HL, serial numbers 267328 
through 270714 inclusive.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Model A340-541 and -642 airplanes.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
    This AD [MCAI] is revised in order to exclude from the torque-
check required by paragraph (4) of this AD those pitot probes marked 
with a red torque check-mark.

Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect 
union fitted on the pitot probe is not adequately torqued, the 
corrective action includes applying torque.

Compliance

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

Actions

    (g) At the time specified, do the following actions.
    (1) Within 14 days after the effective date of this AD: Perform 
a torque check of the pneumatic quick-disconnect union of each pitot 
probe having Goodrich P/N 0851HL, serial numbers 267328 through 
270714 inclusive, to determine if the torque is adequate, in 
accordance with the instructions of the applicable service 
information specified in Table 1 of this AD. Before further flight, 
do all applicable corrective actions in accordance with the 
instructions of the applicable service information specified in 
Table 1 of this AD.

                   Table 1--Airbus Service Information
------------------------------------------------------------------------
 Airbus all operators telex--       Revision--            Dated--
------------------------------------------------------------------------
A330-34A3235 (for Model A330-   02...............  March 1, 2010.
 201, -202, -203, -223, -243, -
 301, -302, -303, -321, -322, -
 323, -341, -342, and -343
 airplanes).
A340[dash]34A4241 (for Model    02...............  March 1, 2010.
 A340-211, -212, -213, -311, -
 312, and -313 airplanes).
A340-34A5074 (for Model A340-   02...............  March 1, 2010.
 541 and -642 airplanes).
------------------------------------------------------------------------

     (2) Within 30 days after performing the torque check required 
by paragraph (g)(1) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Report the torque 
check results to Airbus, including no findings, as specified in the 
instructions of the applicable service information listed in Table 1 
of this AD.
    (3) Actions done before the effective date of this AD, in 
accordance with the applicable service information listed in Table 2 
of this AD, are acceptable for compliance with the corresponding 
requirements in paragraph (g)(1) of this AD.

                                   Table 2--Airbus Credit Service Information
----------------------------------------------------------------------------------------------------------------
       Airbus all operators telex--                  Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
A330-34A3235.............................  Original.....................  September 10, 2009.
A330-34A3235.............................  1............................  September 21, 2009.

[[Page 50874]]

 
A340-34A4241.............................  Original.....................  September 10, 2009.
A340-34A4241.............................  1............................  September 21, 2009.
A340-34A5074.............................  Original.....................  September 10, 2009.
A340-34A5074.............................  1............................  September 21, 2009.
----------------------------------------------------------------------------------------------------------------

     (4) As of the effective date of this AD, no person may install 
a pitot probe having Goodrich P/N 0851HL, serial numbers 267328 
through 270714 inclusive, on any airplane, unless the actions 
required by paragraph (g)(1) of this AD have been done; or an intact 
red torque check mark is visible on the interface of the pnuematic 
quick disconnect union and the union mount.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Where the MCAI includes a compliance time of ``5 days,'' we have 
determined that a compliance time of ``within 14 days after the 
effective date of the AD'' is appropriate. The manufacturer and EASA 
agree with this expansion in compliance time.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Airworthiness Directive 2009-0202R1, dated 
April 15, 2010; and the service information specified in Table 1 of 
this AD; for related information.

Material Incorporated by Reference

    (j) You must use the service information contained in Table 3 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise. (The document number, revision 
level, and date of these documents are listed only on the first page 
of these documents; no other page of these documents contains this 
information.)

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
 Airbus all operators telex--       Revision--            Dated--
------------------------------------------------------------------------
A330-34A3235..................  02...............  March 1, 2010.
A340-34A4241..................  02...............  March 1, 2010.
A340-34A5074..................  02...............  March 1, 2010.
------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; e-mail [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19701 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P