[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Proposed Rules]
[Pages 23218-23221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10007]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0385; Directorate Identifier 2010-NM-256-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
300, A340-500, and A340-600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    During a Back-up Control Module (BCM) retrofit campaign * * *, 
some BCMs have been found with loose gyrometer screws.
    * * * When the aeroplane is in control back up configuration 
(considered to be an extremely remote case), an oscillation of the 
BCM output order may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and possible 
subsequent impact on the Dutch Roll, which constitutes an unsafe 
condition.
* * * * *
    * * * [S]everal Pedal Feel Trim Units (PFTU) have been found 
with loose or broken screws during the accomplishment of maintenance 
tasks on A330 fitted with electrical rudder and A340-600. The loose 
or failed screws could lead to the loss of the coupling between the 
Rotary Variable Differential Transducer (RVDT) shaft and the PFTU 
shaft, and consequently to a potential rudder runaway when the BCM 
is activated.
* * * * *
The unsafe condition is loss of control of the airplane. The proposed 
AD would require actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 10, 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.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 proposed 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.

[[Page 23219]]


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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0385; 
Directorate Identifier 2010-NM-256-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

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 2010-0191, dated September 27, 2010 [Corrected 
October 7, 2010] (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    During a Back-up Control Module (BCM) retrofit campaign in 
accordance with EASA AD 2006-0313 requirements, some BCMs have been 
found with loose gyrometer screws.
    The gyrometer is installed on the DELRIN plate by internal 
screws and the DELRIN plate is installed on BCM casing by external 
screws.
    Investigations done by the BCM manufacturer SAGEM have shown 
that the root cause of these events is a lack of design robustness 
of the BCM. When the aeroplane is in control back up configuration 
(considered to be an extremely remote case), an oscillation of the 
BCM output order may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and possible 
subsequent impact on the Dutch Roll, which constitutes an unsafe 
condition.
    EASA AD 2008-0131 was issued to prohibit aeroplane dispatch with 
FCPC3 inoperative (from GO IF to NO GO) as an interim solution, 
limited to A330 and A340-300 fitted with electrical rudder.
    After EASA AD 2008-0131 issuance, several Pedal Feel Trim Units 
(PFTU) have been found with loose or broken screws during the 
accomplishment of maintenance tasks on A330 fitted with electrical 
rudder and A340-600. The loose or failed screws could lead to the 
loss of the coupling between the Rotary Variable Differential 
Transducer (RVDT) shaft and the PFTU shaft, and consequently to a 
potential rudder runaway when the BCM is activated.
    EASA AD 2009-0153 retained the requirements of EASA AD 2008-0131 
and extended the applicability to A340-500/-600 aeroplanes.
    This [EASA] AD, which supersedes EASA AD 2009-0153 retaining its 
requirements, requires the installation of:

--a new BCM on A330 and A340-300 series aeroplanes fitted with 
electrical rudder, and
--an improved PFTU on A330 and A340-300 series aeroplanes fitted 
with an electrical rudder and A340-500/-600 series aeroplanes,

which, once installed, eliminate the root cause of the unsafe 
condition and cancel the operational limitation.
* * * * *
The unsafe condition is loss of control of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued the service bulletins in the following table.

                            Service Bulletins
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               Document                               Date
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Airbus Mandatory Service Bulletin      May 3, 2010.
 A330-27-3169.
Airbus Mandatory Service Bulletin      May 3, 2010.
 A340-27-4167.
Airbus Mandatory Service Bulletin      May 3, 2010.
 A340-27-5053.
Airbus Service Bulletin A330-27-3161.  November 6, 2009.
Airbus Service Bulletin A340-27-4160.  November 6, 2009.
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    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 Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 46 products of U.S. registry. We also estimate that 
it would take about 17 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $66,470, or $1,445 per product.

[[Page 23220]]

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 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 this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-0385; Directorate Identifier 2010-NM-
256-AD.

Comments Due Date

    (a) We must receive comments by June 10, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes in paragraphs (c)(1), (c)(2), 
and (c)(3) of this AD, certificated in any category.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F, 
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes, 
all manufacturer serial numbers on which Airbus modification 49144 
(install electrical rudder) has been embodied in production, except 
those on which Airbus modification 58118 and Airbus modification 
200667 have been embodied in production.
    (2) Airbus Model A340-311, -312, and -313 airplanes, all 
manufacturer serial numbers on which Airbus modification 49144 has 
been embodied in production, except those on which Airbus 
modification 58118 and Airbus modification 200667 have been embodied 
in production.
    (3) Airbus Model A340-541 and -642 airplanes, all manufacturer 
serial numbers, except those on which Airbus modification 200667 has 
been embodied in production.

Subject

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

Reason

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

    During a Back-up Control Module (BCM) retrofit campaign * * *, 
some BCMs have been found with loose gyrometer screws.
    * * * When the aeroplane is in control back up configuration 
(considered to be an extremely remote case), an oscillation of the 
BCM output order may cause degradation of the BCM piloting laws, 
potentially leading to erratic motion of the rudder and possible 
subsequent impact on the Dutch Roll, which constitutes an unsafe 
condition.
* * * * *
    * * * [S]everal Pedal Feel Trim Units (PFTU) have been found 
with loose or broken screws during the accomplishment of maintenance 
tasks on A330 fitted with electrical rudder and A340-600. The loose 
or failed screws could lead to the loss of the coupling between the 
Rotary Variable Differential Transducer (RVDT) shaft and the PFTU 
shaft, and consequently to a potential rudder runaway when the BCM 
is activated.
* * * * *
The unsafe condition is loss of control of the airplane.

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.

Dispatch Prohibition

    (g) As of the effective date of this AD, dispatch with the 
flight control primary computer (FCPC) 3 `PRIM 3' inoperative is 
prohibited unless the applicable modifications required by this AD 
have been done within the compliance time in this AD.

Airplane Flight Manual Revision

    (h) Within 30 days after the effective date of this AD, revise 
the Limitations section of the Airbus A330 or A340 airplane flight 
manual (AFM), as applicable, to include the following statement: 
``Dispatch with the flight control primary computer (FCPC) 3 `PRIM 
3' inoperative is prohibited.'' This may be done by inserting a copy 
of this AD into the AFM.

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

Modification

    (i) For Airbus Model A330-201, -202, -203, -223, -223F, -243, -
243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, and 
A340-311, -312, and -313 series airplanes, within 48 months after 
the effective date of this AD, do the actions specified in 
paragraphs (i)(1) and (i)(2) of this AD:
    (1) Modify the BCM, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-27-3161 (for Model 
A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -
321, -322, -323, -341, -342, -343 airplanes) or A340-27-4160 (for 
Model A340-311, -312, and -313 airplanes), both dated November 6, 
2009, as applicable.
    (2) Modify the PFTU, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-27-3169 or 
A340-27-4167, both dated May 3, 2010, as applicable.
    (j) For Airbus Model 340-541 and -642 airplanes: Within 48 
months after the effective date of this AD, modify the PFTU, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A340-27-5053, dated May 3, 2010.

Terminating Action

    (k) Modifying both the BCM and PFTU as required by paragraphs 
(i)(1) and (i)(2) of this AD, terminates the requirements of 
paragraphs (g) and (h) of this AD.
    (l) Modifying the PFTU as required by paragraph (j) of this AD, 
terminates the requirements in paragraphs (g) and (h) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 23221]]

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. 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 Branch, send it 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.

Related Information

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0191, dated September 27, 2010 [Corrected October 7, 
2010], and the service bulletins listed in table 1 of this AD, for 
related information.

                    Table 1--Airbus Service Bulletins
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               Document                               Date
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Airbus Mandatory Service Bulletin      May 3, 2010.
 A330-27-3169.
Airbus Mandatory Service Bulletin      May 3, 2010.
 A340-27-4167.
Airbus Mandatory Service Bulletin      May 3, 2010.
 A340-27-5053.
Airbus Service Bulletin A330-27-3161.  November 6, 2009.
Airbus Service Bulletin A340-27-4160.  November 6, 2009.
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    Issued in Renton, Washington, on April 18, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-10007 Filed 4-25-11; 8:45 am]
BILLING CODE 4910-13-P