[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65146-65148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1106; Directorate Identifier 2012-NM-084-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 
Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and 
Model A340-200, -300, -500, and -600 series airplanes. This proposed AD 
was prompted by a report that erroneous height indication by one radio 
altimeter with engaged flare and retard mode, in case of go-around, 
might lead to a temporary loss of airplane longitudinal control. This 
proposed AD would require revising the airplane flight manual. We are 
proposing this AD to ensure that the flightcrew applies the appropriate 
operational procedures in the event of an erroneous indication of the 
radio altimeter, which could result in temporary loss of airplane 
longitudinal control.

DATES: We must receive comments on this proposed AD by December 10, 
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.
    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; email [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, WA. 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.

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-2012-1106; 
Directorate Identifier 2012-NM-084-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 2012-0069, dated April 24, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe

[[Page 65147]]

condition for the specified products. The MCAI states:

    Airbus performed tests to investigate the consequences of one 
radio altimeter providing an erroneous indication.
    These tests concluded that with engaged flare and retard mode, 
in case of go-around, the situation may lead to a temporary loss of 
aeroplane longitudinal control.
    To address this condition, Airbus issued a new Airplane Flight 
Manual (AFM) operational procedure.
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM to ensure that the flight crew 
applies the appropriate operational procedures.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Temporary Revision TR37, Issue 1.0, dated June 
15, 2010; and Temporary Revision TR38, Issue 1.0, dated June 15, 2010; 
to the Airbus A330/A340 AFM. 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

    While the compliance time for doing the actions specified in EASA 
AD 2012-0069, dated April 24, 2012, is within 14 days after the 
effective date of EASA AD 2012-0069, dated April 24, 2012, this 
proposed AD has a required compliance time of within 30 days after the 
effective date of this AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 64 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 $5,440, 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 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);
    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 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-2012-1106; Directorate Identifier 2012-NM-
084-AD.

(a) Comments Due Date

    We must receive comments by December 10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-223F and -243F airplanes; 
Model A330-201, -202, -203, -223, -243, -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 manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that erroneous height 
indication by one radio altimeter with engaged flare and retard 
mode, in case of go-around, might lead to a temporary loss of 
airplane longitudinal control. We are issuing this AD to ensure that 
the flightcrew applies the appropriate operational procedures in the 
event of an erroneous indication of the radio altimeter, which could 
result in temporary loss of airplane longitudinal control.

(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

    (1) Within 30 days after the effective date of this AD, revise 
the applicable section of the Airbus A330/A340 AFM to include the 
information in Airbus Temporary Revision TR37, Issue 1.0, dated June 
15, 2010; or Airbus Temporary Revision TR38, Issue 1.0, dated June 
15, 2010; to the Airbus A330/A340 AFM. This may be done by inserting 
a copy of this AD, or Airbus Temporary Revision TR37, Issue 1.0, 
dated June 15, 2010, and Airbus Temporary Revision TR38, Issue 1.0, 
dated June 15, 2010; in the AFM.
    Note 1 to paragraph (g)(1) of this AD: When the information in 
Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 2010; or 
Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 2010, to 
the Airbus A3330/A340 AFM, has been included in the applicable 
section of 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, provided

[[Page 65148]]

the relevant information in the general revisions is identical to 
that in Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 
2010; or Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 
2010.

(h) 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.

(i) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2012-0069, dated April 24, 2012, and the service 
information specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this 
AD, for related information.
    (i) Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 
2010.
    (ii) Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 
2010.
    (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; email [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, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26264 Filed 10-24-12; 8:45 am]
BILLING CODE 4910-13-P