[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24829-24831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10029]



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  Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules 
and Regulations  

[[Page 24829]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1323; Directorate Identifier 2010-NM-212-AD; 
Amendment 39-17018; AD 2012-08-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting 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 AD was prompted by a report that during the evaluation of engine 
failures 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 AD requires revising the Limitations section of the applicable 
airplane flight manual. 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.

DATES: This AD becomes effective May 31, 2012.

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, Transport Airplane Directorate, FAA, 
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 December 22, 2011 
(76 FR 79560). That NPRM proposed 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, dated June 28, 2010, 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter, Air Line 
Pilots Association, International, supports the NPRM (76 FR 79560, 
December 22, 2011).

Explanation of Changes Made to This AD

    We have made the following changes to this AD:
     Redesignated Note 2 to paragraph (g) of the NPRM (76 FR 
79560, December 22, 2011) as paragraph (g)(4) of this AD, and 
redesignated subsequent notes accordingly.
     Redesignated paragraph (h) of the NPRM (76 FR 79560, 
December 22, 2011) as paragraph (h)(1) of this AD.
     Redesignated Note 3 to paragraph (h) of the NPRM (76 FR 
79560, December 22, 2011) as paragraph (h)(2) of this AD.
     Updated paragraph reference in paragraph (h)(2) of this 
AD.
     Updated paragraph references in Note 2 to paragraph (h)(1) 
of this AD.

[[Page 24830]]

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--except for minor 
editorial changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 79560, December 22, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 79560, December 22, 2011).

Costs of Compliance

    We estimate that this AD will affect 55 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 
this AD to the 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (76 FR 79560, December 22, 
2011), 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

    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:

2012-08-02 Airbus: Amendment 39-17018. Docket No. FAA-2011-1323; 
Directorate Identifier 2010-NM-212-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 31, 
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 
engine failures 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.

    Note 1 to paragraph (g) of this AD:  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.

    (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.
    (4) This dispatch restriction applies primarily 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

    (1) For Model A330-200 and -300 series airplanes, and Model 
A340-200 and -300 series airplanes, on which Airbus

[[Page 24831]]

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 2 to paragraph (h)(1) of this AD:  When a statement 
identical to that in paragraph (h)(1) 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.

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

(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 3 to paragraph (i) of this AD:  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.

(l) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on April 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-10029 Filed 4-25-12; 8:45 am]
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