[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Rules and Regulations]
[Pages 15279-15280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05193]


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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; 
Amendment 39-17341; AD 2013-03-06]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting 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 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 
AD requires revising the airplane flight manual. 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.

DATES: This AD becomes effective April 15, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 15, 
2013.

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 October 25, 2012 (77 
FR 65146). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 [European Aviation Safety 
Agency] 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Air Line Pilots 
Association, International, supported the NPRM (77 FR 65146, October 
25, 2012).

Explanation of Changes Made to This AD

    We have revised paragraph (g) and Note 1 to paragraph (g) of this 
AD to remove reference to inserting a copy of this AD into the AFM as a 
method of complying with the requirements of paragraph (g) of this AD. 
Inserting a copy of this AD into the AFM does not address the unsafe 
condition identified in this AD. This language was erroneously included 
in the NPRM (77 FR 65146, October 25, 2012), and has, therefore, been 
removed from this AD.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously--and minor editorial changes. 
We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 65146, October 25, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 65146, October 25, 2012).

Costs of Compliance

    We estimate that this AD will affect 64 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 $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 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;

[[Page 15280]]

    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 (77 FR 65146, October 25, 
2012), 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:

2013-03-06 Airbus: Amendment 39-17341. Docket No. FAA-2012-1106; 
Directorate Identifier 2012-NM-084-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 15, 
2013.

(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

    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 
Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 2010; or 
Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 2010; in 
the AFM.

    Note 1 to paragraph (g) 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 A330/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, provided 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

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2012-0069, dated April 24, 2012, and the service 
information specified in paragraphs (i)(1) and (i)(2) of this AD, 
for related information.
    (1) Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 
2010, to the Airbus A330/A340 AFM.
    (2) Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 
2010, to the Airbus A330/A340 AFM.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 
2010, to the Airbus A330/340 Airplane Flight Manual.
    (ii) Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 
2010, to the Airbus A330/340 Airplane Flight Manual.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-05193 Filed 3-8-13; 8:45 am]
BILLING CODE 4910-13-P