[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79560-79563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1323; Directorate Identifier 2010-NM-212-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Model A330-200 and -300 series airplanes; Model A330-223F and -243F 
airplanes; and Model A340-200, -300, -500, and -600 series airplanes. 
This proposed AD was prompted by a report that during the evaluation of 
specific engine failure cases at take-off on Airbus flight simulators. 
It has been shown that with flight control primary computer (FCPC)1 
inoperative, in worst case scenario, when FCPC2 and FCPC3 resets occur 
during rotation at take off, a transient loss of elevator control 
associated with a temporary incorrect flight control law 
reconfiguration could occur. This proposed AD would require revising 
the Limitations section of the applicable airplane flight manual. We 
are proposing this AD to prevent movement of the elevators to zero 
position, which could result in inducing a pitch down movement instead 
of a pitch up movement needed for lift off, resulting in loss of 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by February 6, 
2012.

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 W12-140, 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://

[[Page 79561]]

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.

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-2011-1323; 
Directorate Identifier 2010-NM-212-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 2010-0109, dated June 28, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    On A330/A340 aeroplanes, the Flight Control Primary Computer 2 
(FCPC2) and FCPC3 are supplied with power from the 2PP bus bar. 
Electrical transients on the 2PP bus bar occur, in particular during 
engine n.2 failure on A330 aeroplanes or engine n.3 failure on A340 
aeroplanes. Such electrical transients lead to a FCPC2 reset. FCPC3 
reset does not occur thanks to the introduction of second electrical 
power supply to FCPC3 from 1PP bus bar associated to the Electrical 
Contactor Management Unit (ECMU) standard 5.
    During the evaluation of specific engine failure cases at take-
off on Airbus flight simulators, it has been evidenced that with 
FCPC1 inoperative, in the worst case, when FCPC2 and FCPC3 resets 
occur during rotation at take off, a transient loss of elevator 
control associated with a temporary incorrect flight control law 
reconfiguration could occur. This condition leads to a movement of 
the elevators to the zero position, which induces a pitch down 
movement instead of a pitch up movement needed to lift off. In 
addition, it leads to a limitation of the pilot control on pitch 
axis and limits the pilot capacity to counter the pitch down 
movement during this flight phase, which constitutes an unsafe 
condition.
    To prevent such condition, [EASA] Emergency Airworthiness 
Directive (EAD) 2008-0010-E was issued to prohibit aeroplanes 
dispatch with FCPC1 inoperative (from GO to NO-GO) for certain 
aeroplane configurations. For other configurations, dispatch is 
allowed when the integrity of the FCPC3 second electrical power 
supply is ensured.
    EASA AD 2008-0010R1 was issued to:

--For A340-500/-600, alleviate the dispatch restriction on 
aeroplanes fitted with new FCPC Standard W11 (part number (P/N) 
LA2K2B100GA0000)
and
--For A330 and A340-200/-300, to take into account the possibility 
to embody in service a new FCPC3 second electrical power supply 
equivalent to the production one.

    This [EASA] AD, which supersedes EASA AD 2008-0010R1 retaining 
its requirements, is issued to extend the applicability to the newly 
certified models A330-223F and A330-243F.

    The FAA did not issue corresponding ADs for EASA Airworthiness 
Directive 2008-0010-E and EASA Airworthiness Directive 2008-0010R1 
since it was determined at that time that the FAA Master Minimum 
Equipment List (MMEL) was an acceptable method for controlling exposure 
of the U.S. fleet to the safety issue addressed in the EASA ADs. Since 
that decision was made, the FAA determined that an AD is needed to 
control dispatch restrictions. In addition, EASA Airworthiness 
Directive 2010-0109 added two new Airbus models in the applicability 
and we are proceeding with this FAA AD in order to address the 
identified unsafe condition for the U.S. fleet. You may obtain further 
information by examining the MCAI in the AD docket.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 55 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $4,675, 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.

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.

[[Page 79562]]

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-2011-1323; Directorate Identifier 2010-NM-
212-AD.

(a) Comments Due Date

    We must receive comments by February 6, 2012.

(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 Model A340-211, -212, -213, -311, -312, -
313, -541, and -642 airplanes; certificated in any category; all 
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that during the evaluation of 
specific engine failure cases at take-off on Airbus flight 
simulators. It has been shown that with flight control primary 
computer (FCPC)1 inoperative, in worst case scenario, when FCPC2 and 
FCPC3 resets occur during rotation at take off, a transient loss of 
elevator control associated with a temporary incorrect flight 
control law reconfiguration could occur. We are issuing this AD to 
prevent movement of the elevators to zero position, which could 
result in inducing a pitch down movement instead of a pitch up 
movement needed for lift off, resulting in loss of controllability 
of the airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision for Certain Airplanes

    For airplanes identified in paragraph (c) of this AD, except for 
airplanes identified in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD: Within 30 days after the effective date of this AD, revise 
the Limitations section of the applicable AFM to include the 
following statement. This may be done by inserting a copy of this AD 
into the AFM.
    ``Dispatch with the FCPC ``PRIM 1'' inoperative is prohibited.''
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-200 and -300 series airplanes, and Model A340-200 
and -300 series airplanes, on which Airbus modification 44385 has 
been embodied either in production or in service by Airbus Service 
Bulletin A330-27-3159 or Airbus Service Bulletin A340-27-4158; and 
on which Airbus modification 44431 has been embodied either in 
production or in service by Airbus Service Bulletin A330-24-3011 or 
Airbus Service Bulletin A340-24-4019.
    (3) Model A340-500 and -600 series airplanes on which Airbus 
modification 57698 has been embodied either in production or in 
service by Airbus Service Bulletin A340-27-5046.

    Note 1:  When a statement identical to that in paragraph (g) 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.


    Note 2: This dispatch restriction applies notably to Model A330-
200 and -300 series airplanes, and Model A340-200 and -300 series 
airplanes, which have embodied Airbus Service Bulletin A330-27-3040 
or Airbus Service Bulletin A340-27-4046 in service.

(h) AFM Revision for Certain Other Airplanes

    For Model A330-200 and -300 series airplanes, and Model A340-200 
and -300 series airplanes, on which Airbus modification 44385 has 
been embodied either in production or in service by Airbus Service 
Bulletin A330-27-3159 or Airbus Service Bulletin A340-27-4158; and 
Airbus modification 44431 has been embodied either in production or 
in service by Airbus Service Bulletin A330-24-3011 or Airbus Service 
Bulletin A340-24-4019: Within 30 days after the effective date of 
this AD, revise the Limitations section of the applicable AFM to 
include the following statement. This may be done by inserting a 
copy of this AD into the AFM.

    ``Dispatch with the FCPC ``PRIM 1'' inoperative is allowed 
provided that the operational test of the FCPC3 second electrical 
power supply is successfully performed, in accordance with the 
instructions of Airbus AOT A330-27A3158, or AOT A340-27A4157, as 
applicable, before the first flight of the MMEL interval.
    If the test is not successful, repair in accordance with the 
instructions of Airbus AOT A330-27A3158 or AOT A340-27A4157, as 
applicable, before dispatch with FCPC ``PRIM 1'' inoperative.''

    Note 3:  Model A330-223F and -243F airplanes are not affected by 
paragraph (h) of this AD.


    Note 4: 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.

(i) AFM Revision for Model A330-223F and A330-243F Airplanes

    For Model A330-223F and A330-243F airplanes: Within 30 days 
after the effective date of this AD, revise the Limitations section 
of the AFM to include the following statement. This may be done by 
inserting a copy of this AD into the AFM.

    ``Dispatch with the FCPC ``PRIM 1'' inoperative is allowed 
provided that the operational test of the FCPC3 second electrical 
power supply is successfully performed in accordance with the 
instructions of Airbus AOT A330-27A3158, before the first flight of 
the MMEL interval.
    If the test is not successful, repair in accordance with the 
instructions of Airbus AOT A330-27A3158, before dispatch with FCPC 
``PRIM 1'' inoperative.''

    Note 5: When a statement identical to that in paragraph (i) 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.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 emailed 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.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0109, dated June 28, 2010, for related information.


[[Page 79563]]


    Issued in Renton, Washington, on December 14, 2011.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-32845 Filed 12-21-11; 8:45 am]
BILLING CODE 4910-13-P