[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59295-59298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23443]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0829; Directorate Identifier 2013-NM-085-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 supersede airworthiness directive (AD) 2010-23-
12, which applies to certain Airbus Model A330-201, -202, -203, -223, -
223F, -243, and -243F Airplanes, Model A330-300 series airplanes, and 
Model A340-200, A340-300, A340-500, and A340-600 series airplanes. AD 
2010-23-12 requires inspecting to determine the part number for Thales 
Avionics Angle of Attack (AoA) probes, and replacing any affected probe 
with a serviceable probe. Since we issued AD 2010-23-12 we received 
reports that the AoA sensors on certain airplanes were modified and re-
identified without performing the inspection to determine the part 
number; therefore, the affected probes were not replaced with 
serviceable probes. This proposed AD would add airplanes to the 
applicability and, for certain airplanes, require those affected probes 
be replaced. We are proposing this AD to prevent erroneous AoA 
information and consequent delayed activation or non-activation of the 
AoA protection systems, which, in combination with flight at a high 
angle of attack, could result in reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by November 12, 
2013.

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

[[Page 59296]]

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 Airbus 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.
    For Thales Avionics service information identified in this proposed 
AD, contact Thales--Aerospace Division, 105, avenue du General 
Eisenhower--BP 63647, 31036 Toulouse Cedex 1, France; telephone +33 
(0)5 61 19 65 00; fax +33 (0)5 61 19 66 00; Internet http://www.thalesgroup.com/aerospace. 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.

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-2013-0829; 
Directorate Identifier 2013-NM-085-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

    On October 22, 2010, we issued AD 2010-23-12, Amendment 39-16501 
(75 FR 68698, November 9, 2010). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2010-23-12, Amendment 39-16501 (75 FR 68698, 
November 9, 2010), we received reports that the AoA sensors on certain 
airplanes were modified and re-identified without performing the 
inspection to determine the part number; therefore, the affected probes 
were not replaced with serviceable probes. The European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, has issued EASA Airworthiness Directive 2013-
0068, dated March 15, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    During Airbus Final Assembly Line reception flight tests, Angle 
of Attack (AoA) data from two different aeroplanes were found 
inaccurate, which was confirmed by flight data analysis.
    The results of the investigation conducted by Airbus and Thales 
on the removed sensors revealed oil residue between the stator and 
the rotor parts of the AoA vane position resolvers. This oil residue 
was the result of incorrect removal of machining oil during the 
manufacturing process of the AoA resolvers. At low temperatures, 
this oil residue becomes viscous (typically in cruise) causing 
delayed and/or reduced AoA vane movement. Multiple AoA sensors could 
be simultaneously affected, providing incorrect indications of the 
AoA of the aeroplane.
    This condition, if not corrected, could lead to erroneous AoA 
information and consequent delayed activation or non-activation of 
the AoA protection systems which, if during flight at a high angle 
of attack, could result in reduced control of the aeroplane.
    To address this unsafe condition, EASA issued AD 2010-0016R1 
[(http://ad.easa.europa.eu/blob/easa_ad_2013_0068.pdf/AD_2011-0007R1_1)] [which corresponds to FAA AD 2010-23-12, Amendment 39-
16501 (75 FR 68698, November 9, 2010)] to require the identification 
of the serial number (S/N) of each installed Thales Avionics 
(formerly SEXTANT), Part Number (P/N) C16291AA AoA sensor and the 
replacement of all suspect units with serviceable one. EASA AD 2010-
0016R1 also prohibited the (re) installation of these same S/N AoA 
sensors on any aeroplane, unless corrective measures had been 
accomplished.
    Since that [EASA] AD was issued, it was discovered that a part 
of the affected population of AoA sensors may have been modified and 
re-identified from P/N C16291AA to P/N C16291AB, in accordance with 
the instructions of Airbus Service Bulletin (SB) A330-34-3228 or SB 
A340-34-5070, as applicable to aeroplane type, without having passed 
the inspection in accordance with the instructions of Thales 
Avionics SB C16291A-34-007, Revision 01.
    For the reasons described above, this new [EASA] AD retains the 
requirements of EASA AD 2010-0016R1, which is superseded, [adds 
airplanes to the applicability, and requires, for the affected 
population that was not addressed by EASA AD 2010-0016R1, the 
replacement of the suspect units with serviceable ones.

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

Relevant Service Information

    Thales Avionics has issued Service Bulletin C16291A-34-007, 
Revision 04, dated October 11, 2012.
    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.

Change to AD 2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 
2010)

    We have changed paragraph (h) in this proposed AD to clarify the 
procedures for replacing the probes.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 70 products of U.S. registry.
    The actions that are required by AD 2010-23-12, Amendment 39-16501 
(75

[[Page 59297]]

FR 68698, November 9, 2010), and retained in this proposed AD take 
about 3 work-hours per product, at an average labor rate of $85 per 
work hour. Based on these figures, the estimated cost of the currently 
required actions is $255 per product.
    We estimate that it would take about 9 work-hours per product to 
comply with the new 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 parts. 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 $53,550, or $765 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the optional terminating action specified in this 
proposed AD.

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

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 removing airworthiness directive (AD) 
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010), and 
adding the following new AD:

    Airbus: Docket No. FAA-2013-0829; Directorate Identifier 2013-
NM-085-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    This AD supersedes AD 2010-23-12, Amendment 39-16501 (75 FR 
68698, November 9, 2010).

(c) Applicability

    (c) This AD applies to Airbus airplanes, certificated in any 
category, as identified in paragraphs (c)(1) and (c)(2) of this AD,
    (1) Model A330-201, A330-202, A330-203, A330-223, A330-223F, 
A330-243, A330-243F, A330-301, A330-302, A330-303, A330-321, A330-
322, A330-323, A330-341, A330-342, and A330-343 airplanes; all 
manufacturer serial numbers.
    (2) Model A340-211, A340-212, A340-213, A340-311, A340-312, 
A340-313, A340-541, and A340-642 airplanes; all manufacturer serial 
numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that the AoA sensors on certain 
airplanes were modified and re-identified without performing an 
inspection to determine the part number; therefore, probes having 
certain part numbers were not replaced with serviceable probes. We 
are issuing this AD to prevent erroneous AoA information and 
consequent delayed activation or non-activation of the AoA 
protection systems, which, in combination with flight at a high 
angle of attack, could result in reduced 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) Retained Inspection of AoA Probes

    This paragraph restates the requirements of paragraph (g) of AD 
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010). For 
airplanes on which an AoA sensor having part number (P/N) C16291AA 
is installed, except as provided by paragraph (k) of this AD: Within 
3 months after December 14, 2010 (the effective date of AD 2010-23-
12), perform a detailed inspection of the Thales Avionics AoA probes 
having P/N C16291AA for a serial number identification, in 
accordance with the Accomplishment Instructions of the applicable 
service information identified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the serial number of the 
AoA probe can be conclusively determined from that review. If no AoA 
probe having P/N C16291AA and a serial number identified in Thales 
Service Bulletin C16291A-34-007, Revision 01, dated December 3, 
2009, is identified during the inspection required by this paragraph 
of this AD, no further action is required by this AD, except for 
paragraph (l) of this AD.
    (1) Airbus Mandatory Service Bulletin A330-34-3232, dated 
January 20, 2010 (for Model A330-200 and A330-300 series airplanes).
    (2) Airbus Mandatory Service Bulletin A340-34-4239, dated 
January 20, 2010 (for Model A340-200 and A340-300 series airplanes).
    (3) Airbus Mandatory Service Bulletin A340-34-5072, dated 
January 20, 2010 (for Model A340-500, and A340-600 series 
airplanes).

(h) Retained Replacement of Identified AoA Probes

    This paragraph restates the requirements of paragraph (h) of AD 
2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 2010), with 
clarified procedures. If the serial number of the AoA probe 
identified during the inspection required by paragraph (g) of this 
AD corresponds to a suspect AoA probe specified in Thales Service 
Bulletin C16291A-34-007, Revision 01, dated December 3, 2009: At the 
applicable time specified in paragraph (h)(1) or (h)(2) of this AD, 
replace the affected AoA probe with a serviceable AoA probe, in 
accordance with one of the four options and associated 
Accomplishment Instructions specified in the applicable service 
bulletin

[[Page 59298]]

identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) For airplanes on which Airbus Modification 53368 (back-up 
speed scale) has been embodied in production or Airbus Service 
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or 
Airbus Service Bulletin A340-34-5060, as applicable, has been 
embodied in service: Within 3 months after December 14, 2010 (the 
effective date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698, 
November 9, 2010)).
    (2) For airplanes on which Airbus Modification 53368 (back-up 
speed scale) has not been embodied in production and Airbus Service 
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or 
Airbus Service Bulletin A340-34-5060, as applicable, has not been 
embodied in service: Within 15 months after December 14, 2010 (the 
effective date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698, 
November 9, 2010)).

(i) New Replacement of AoA Probes

    For airplanes on which an AoA probe having P/N C16291AA or 
C16291AB, with a serial number identified in Thales Service Bulletin 
C16291A-34-007, Revision 04, dated October 11, 2012, is installed, 
except as provided by paragraph (k) of this AD: Within 6 months 
after the effective date of this AD, replace any AoA probe having P/
N C16291AA or C16291AB with a serviceable AoA probe, in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD. A review of airplane maintenance records that demonstrates 
that the affected AoA probe has passed the inspection, in accordance 
with the Accomplishment Instructions of Thales Service Bulletin 
C16291A-34-007, Revision 04, dated October 11, 2012, is acceptable 
for compliance with the requirements of this paragraph.

(j) Exception to AD Requirements

    Airplanes on which Airbus Modification 58555 (installation of 
AoA sensors with P/N C16291AB) or Airbus Modification 46921 
(installation of AoA sensors with P/N 0861ED) has been embodied in 
production are not affected by the requirements in paragraphs (g), 
(h) and (i) of this AD, provided that no AoA sensor has been 
replaced since first flight.

(k) Parts Installation Limitations

    (1) For airplanes on which an AoA sensor having part number (P/
N) C16291AA is installed: As of December 14, 2010 (the effective 
date of AD 2010-23-12, Amendment 39-16501 (75 FR 68698, November 9, 
2010)) and until the effective date of this AD, no person may 
install, on any airplane, a Thales Avionics AoA probe having P/N 
C16291AA and a serial number identified in Thales Service Bulletin 
C16291A-34-007, Revision 01, dated December 3, 2009, unless the AoA 
is fitted with an inspection label stating that Thales Service 
Bulletin C16291A-34-007, has been accomplished.
    (2) As of the effective date of this AD, no person may install, 
on any airplane, a Thales Avionics AoA probe having P/N C16291AA or 
P/N C16291AB and a serial number identified in Thales Service 
Bulletin C16291A-34-007, Revision 04, dated October 11, 2012, unless 
the AoA is fitted with an inspection label stating that Thales 
Service Bulletin C16291A-34-007, has been accomplished.

(l) Other FAA AD Provisions

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

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
Airworthiness Directive 2013-0068, dated March 15, 2013, for related 
information, which can be found in the AD docket on the internet at 
http://www.regulations.gov.
    (2) For Airbus 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.
    (3) For Thales Avionics service information identified in this 
proposed AD, contact Thales--Aerospace Division, 105, avenue du 
General Eisenhower--BP 63647, 31036 Toulouse Cedex 1, France; 
telephone +33 (0)5 61 19 65 00; fax +33 (0)5 61 19 66 00; Internet 
http://www.thalesgroup.com/aerospace.
    (4) 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.


    Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23443 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P