[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4219-4221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1225]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0029; Directorate Identifier 2010-NM-279-AD; 
Amendment 39-16583; AD 2011-02-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 Series Airplanes; 
Model A330-300 Series Airplanes; Model A340-200 Series Airplanes; and 
Model A340-300 Series Airplanes

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

ACTION: Final rule; request for comments.

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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:

    When there are significant differences between all airspeed 
sources, the flight controls of an Airbus A330 or A340 aeroplane 
will revert to alternate law, the autopilot (AP) and the auto-thrust 
(A/THR) automatically disconnect, and the Flight Directors (FD) bars 
are automatically removed.
    It has been identified that, after such an event, if two 
airspeed sources become similar while still erroneous, the flight 
guidance computers will:

--Display FD bars again, and
--Enable autopilot and auto-thrust re-engagement

    However, in some cases, the autopilot orders may be 
inappropriate, such as possible abrupt pitch command.
* * * * *
The unsafe condition is the potential for abrupt pitch command which 
may lead to unexpected maneuvers of the airplane and cause injuries of 
the crew and passengers, as well as reduced controllability of the 
airplane, and increased pilot workload. This AD requires actions that 
are intended to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective February 9, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 9, 
2011.
    We must receive comments on this AD by March 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0271, dated December 22, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    When there are significant differences between all airspeed 
sources, the flight controls of an Airbus A330 or A340 aeroplane 
will revert to alternate law, the autopilot (AP) and the auto-thrust 
(A/THR) automatically disconnect, and the Flight Directors (FD) bars 
are automatically removed.
    It has been identified that, after such an event, if two 
airspeed sources become similar while still erroneous, the flight 
guidance computers will:

--Display FD bars again, and
--Enable autopilot and auto-thrust re-engagement

    However, in some cases, the autopilot orders may be 
inappropriate, such as possible abrupt pitch command.

[[Page 4220]]

    In order to prevent such event which may, under specific 
circumstances, constitute an unsafe condition, this AD requires an 
amendment of the Flight Manual to ensure that flight crews apply the 
appropriate operational procedure.

The unsafe condition is the potential for abrupt pitch command which 
may lead to unexpected maneuvers of the airplane and cause injuries of 
the crew and passengers, as well as reduced controllability of the 
airplane and increased pilot workload. Required actions include 
revising the limitations and abnormal sections of the airplane flight 
manual to include a procedure for when the autopilot and auto-thrust 
are automatically disconnected and flight controls have reverted to 
alternate law. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Airbus has issued A330/A340 Temporary Revisions TR149 and TR150, 
both Issue 1.0, both dated December 20, 2010, to the Airbus A330/A340 
Airplane Flight Manual. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the potential for abrupt pitch command which may lead to unexpected 
maneuvers of the airplane and cause injuries of the crew and 
passengers, as well as reduced controllability of the airplane, and 
increased pilot workload. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-0029; Directorate 
Identifier 2010-NM-279-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about 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.

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.

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 AD:

2011-02-09 Airbus: Amendment 39-16583. Docket No. FAA-2011-0029; 
Directorate Identifier 2010-NM-279-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) 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 Model A340-211, -212, -213, -311, -312, and 
-313 airplanes; certificated in any category; all serial numbers.

[[Page 4221]]

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto 
Flight.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    When there are significant differences between all airspeed 
sources, the flight controls of an Airbus A330 or A340 aeroplane 
will revert to alternate law, the autopilot (AP) and the auto-thrust 
(A/THR) automatically disconnect, and the Flight Directors (FD) bars 
are automatically removed.
    It has been identified that, after such an event, if two 
airspeed sources become similar while still erroneous, the flight 
guidance computers will:

--Display FD bars again, and
--Enable autopilot and auto-thrust re-engagement

    However, in some cases, the autopilot orders may be 
inappropriate, such as possible abrupt pitch command.
* * * * *
The unsafe condition is the potential for abrupt pitch command which 
may lead to unexpected maneuvers of the airplane and cause injuries 
of the crew and passengers, as well as reduced controllability of 
the airplane and increased pilot workload.

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) Within 15 days after the effective date of this AD, do the 
actions in paragraph (g)(1) or (g)(2) of this AD.
    (1) Revise the Limitations and Abnormal Sections of the Airbus 
A330/A340 Airplane Flight Manual (AFM) to include the following 
statement and operate the airplane according to these limitations 
and procedures. This may be done by inserting a copy of this AD in 
the AFM.
    ``PROCEDURE:
    When autopilot and auto-thrust are automatically disconnected 
and flight controls have reverted to alternate law:

--Do not engage the AP and the A/THR, even if FD bars have 
reappeared
--Do not follow the FD orders
--ALL SPEED INDICATIONS--X-CHECK

     If unreliable speed indication is suspected:

--UNRELIABLE SPEED INDIC/ADR CHECK PROC--APPLY

     If at least two ADRs provide reliable speed indication 
for at least 30 seconds, and the aircraft is stablised on the 
intended path:
    AP/FD and A/THR--As required''

    Note 1: When a statement identical to that in paragraph (g)(1) 
of this AD has been included in the general revisions of the 
Limitations and Abnormal Sections of the AFM, the general revisions 
may be inserted into the AFM, and the copy of this AD may be removed 
from the AFM.

    (2) Revise the Limitations and Abnormal Sections of the Airbus 
A330/A340 Airplane Flight Manual (AFM) to include the information in 
Airbus A330/A340 Temporary Revision (TR) TR149 (for Model A330 
airplanes) or TR150 (for Model A340-200 and -300 series airplanes), 
both Issue 1.0, both dated December 20, 2010. These TRs introduce 
procedures for operation of the auto pilot and auto-thrust 
disconnect. Operate the airplane according to the limitations and 
procedures in the TRs.

    Note 2: This may be done by inserting copies of Airbus A330/A340 
TR TR149 or TR150, both Issue 1.0, both dated December 20, 2010; as 
applicable; in the Airbus A330/A340 AFM. When these TRs have been 
included in general revisions of the AFM, the general revisions may 
be inserted in the AFM, and the TRs may be removed.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No Differences.

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, Transport Airplane Directorate, FAA, 
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, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Information may be e-mailed to: [email protected]. 
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. 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0271, dated December 22, 2010; and 
Airbus A330/A340 TR TR149 and TR150, both Issue 1.0, both dated 
December 20, 2010, to the Airbus A330/A340 AFM; for related 
information.

Material Incorporated by Reference

    (j) You must use Airbus A330/A340 Temporary Revision TR149, 
Issue 1.0, dated December 20, 2010, to the Airbus A330/A340 Airplane 
Flight Manual; and Airbus A330/A340 Temporary Revision TR150, Issue 
1.0, dated December 20, 2010, to the Airbus A330/A340 Airplane 
Flight Manual; as applicable; to do the actions required by this AD, 
unless the AD specifies otherwise.
    (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 January 12, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-1225 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-13-P