[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60667-60670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23079]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0360; Directorate Identifier 2013-NM-033-AD; 
Amendment 39-17591; AD 2013-19-09]
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 superseding airworthiness directive (AD) 2012-26-51 for 
all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2012-
26-51 required revising the airplane flight manual (AFM) to advise the 
flightcrew of emergency procedures for addressing angle of attack (AoA) 
sensor blockage, and also provided for optional terminating action for 
the AFM revision, which involves replacing AoA sensor conic plates with 
AoA sensor flat plates. This new AD requires replacing AoA sensor conic 
plates with AoA sensor flat plates, and subsequent removal of the AFM 
revision. This AD was prompted by a determination that replacement of 
AoA sensor conic plates is necessary to address the identified unsafe 
condition. We are issuing this AD to prevent reduced control of the 
airplane.

DATES: This AD becomes effective November 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 6, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 24, 2013 (78 FR 1723, January 9, 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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to the specified products. The 
NPRM was published in the Federal Register on May 2, 2013 (78 FR 
25666), and proposed to supersede AD 2012-26-51, Amendment 39-17312 (78 
FR 1723, January 9, 2013). The NPRM proposed to correct an unsafe 
condition for the specified products. 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-
0022, dated February 1, 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:

    Recently, an Airbus A330 aeroplane equipped with Angle of Attack 
(AoA) sensors with conic plates installed, experienced blockage of 
all sensors during climb, leading to autopilot disconnection and 
activation of the alpha protection (Alpha Prot) when Mach number was 
increased.
    Based on the results of the subsequent analysis, it is suspected 
that these conic plates may have contributed to the event. 
Investigations are on-going to determine what caused the blockage of 
these AoA sensors.
    Blockage of two or three AoA sensors at the same angle may cause 
the Alpha Prot of the normal law to activate. Under normal flight 
conditions (in normal law), if the Alpha Prot activates and Mach 
number increases, the flight control laws order a pitch down of the 
aeroplane that the flight crew may be unable

[[Page 60668]]

to counteract with a side stick deflection, even in the full 
backward position.
    This condition, if not corrected, could result in reduced 
control of the aeroplane.
    AoA conic plates of similar design are also installed on A320 
family aeroplanes, and installation of these AoA sensor conic plates 
was required by EASA AD 2012-0236, making reference to Airbus 
Service Bulletin (SB) A320-34-1521 for in-service modification.
    That requirement was deleted by EASA AD 2012-0236R1 [http://ad.easa.europa.eu/blob/easa_ad_2012_0236_R1.pdf/AD_2012-0236R1_1].
    To address this potential unsafe condition on A320 family 
aeroplanes, Airbus developed an ``AOA Blocked'' emergency procedure, 
published as a temporary revision (TR) of the Airplane Flight Manual 
(AFM), to ensure that flight crews, in case of AoA sensors blockage, 
apply the applicable emergency procedure.
    Consequently, EASA issued Emergency AD 2012-0264-E [http://ad.easa.europa.eu/blob/easa_ad_2012_0264_E_superseded.pdf/EAD_2012-0264-E_2] [which corresponds to FAA AD 2012-26-51, Amendment 
39-17312 (78 FR 1723, January 9, 2013)] to require amendment of the 
AFM by incorporating the Airbus TR.
    Since that [EASA] AD was issued, Airbus published approved 
instructions to re-install AoA sensor flat plates on A320 family 
aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0264-E which is superseded, and 
requires installation of AoA sensor flat plates, after which the AFM 
operational procedure can be removed.

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 have considered the comments received.

Support for the NPRM (78 FR 25666, May 2, 2013)

    The Air Line Pilots Association International (ALPA) stated that it 
supports the installation of the AoA sensor flat plates.
    United Airlines (UAL) stated that it concurs with the replacement 
of the AoA sensor conic plates with AoA sensor flat plats.

Request To Retain AFM Procedure

    ALPA requested that we retain the AFM procedure. ALPA stated that 
if an AoA failure were to occur, the AFM procedure would be useful for 
flightcrew reference.
    We disagree with the commenter's request. The AOA conical plates 
have been identified as the root cause of the unsafe condition. The AFM 
procedure was an interim corrective action to mitigate the immediate 
risks associated with installation of conical plates. Based on the 
service history and our risk assessment, we have concluded that the AFM 
procedure associated with installation of conical plates is not 
required after the installation of AOA sensor flat plates. We have not 
changed this final rule in this regard.

Request To Clarify Installation Method

    UAL requested clarification on the intent and details of the 
installation method specified in paragraph (j)(2) of the NPRM (78 FR 
25666, May 2, 2013). UAL suggested that we revise the NPRM installation 
method from doing the installation in accordance with a method approved 
by either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the EASA (or its delegated agent); to 
using a method stated in an applicable section of the airplane 
maintenance manual.
    We agree that clarification is necessary. The intent of paragraph 
(j)(2) of this final rule is that operators or Airbus use the 
procedures specified in paragraph (o) of this final rule to either 
apply for a method of compliance for accomplishing the installation, or 
for Airbus to provide maintenance procedures to operators for 
installation of flat conical plates approved by EASA or approved under 
EASA design organization approval. We have not changed this final rule 
in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed--except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 25666, May 2, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 25666, May 2, 2013).

Costs of Compliance

    We estimate that this AD affects 100 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on  U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision [actions retained from AD  1 work-hour x $85 per                 $0             $85          $8,500
 2012-26-51, Amendment 39-17312 (78 FR   hour = $85.
 1723, January 9, 2013)].
Flat plate installation and removal of  7 work-hours x $85 per                 0              85          59,500
 AFM revision [new action].              hour = $595.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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,

[[Page 60669]]

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 this AD, the MCAI, 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.

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 removing airworthiness directive (AD) 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), and 
adding the following new AD:

2013-19-09 Airbus: Amendment 39-17591. Docket No. FAA-2013-0360; 
Directorate Identifier 2013-NM-033-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 6, 
2013.

(b) Affected ADs

    This AD supersedes AD 2012-26-51, Amendment 39-17312 (78 FR 
1723, January 9, 2013).

(c) Applicability

    This AD applies to the Airbus airplanes listed in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, all 
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that replacement of 
angle of attack (AoA) sensor conic plates is necessary to address 
the identified unsafe condition. We are issuing this AD to prevent 
reduced control 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 Airplane Flight Manual (AFM) Revision With New Exception

    This paragraph restates the requirements of paragraph (g) of AD 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), with a 
new exception. Except as specified in paragraph (k) of this AD, for 
airplanes on which an AoA sensor conic plate has been installed in 
production by Airbus modification 153213 or 153214, or in-service as 
specified in Airbus Mandatory Service Bulletin A320-34-1521, dated 
May 7, 2012; or Revision 01, dated September 12, 2012: Within 5 days 
after January 24, 2013 (the effective date of AD 2012-26-51), revise 
the Emergency Procedures of the Airbus A318/A319/A320/A321 AFM by 
inserting Airbus A318/A319/A320/A321 Temporary Revision (TR) TR286, 
Issue 1.0, dated December 17, 2012, to advise the flightcrew of 
emergency procedures for addressing AoA sensor blockage. When the 
information in Airbus A318/A319/A320/A321 TR TR286, Issue 1.0, dated 
December 17, 2012, is included in the general revisions of the AFM, 
the general revisions may be inserted in the AFM, and the TR may be 
removed. Accomplishment of the new flat plate installation required 
by paragraph (j) of this AD terminates the actions required by this 
paragraph; and after the installation of new flat plates has been 
done, Airbus A318/A319/A320/A321 TR TR286, Issue 1.0, dated December 
17, 2012, must be removed from the AFM before further flight.

(h) Retained Optional Terminating Action With Revised TR Removal 
Requirement

    This paragraph restates the actions specified in paragraph (h) 
of AD 2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), 
with a revised TR removal requirement. Modification of an airplane 
by replacing AoA sensor conic plates with AoA sensor flat plates, in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, constitutes 
terminating action for the AFM revision required by paragraph (g) of 
this AD; and after the modification has been done, Airbus A318/A319/
A320/A321 TR TR286, Issue 1.0, dated December 17, 2012, must be 
removed from the AFM before further flight, except for airplanes on 
which the modification has been done before the effective date of 
this AD. For airplanes on which the modification has been done 
before the effective date of this AD, Airbus A318/A319/A320/A321 TR 
TR286, Issue 1.0, dated December 17, 2012, must be removed from the 
AFM within 5 days after the effective date of this AD. 
Accomplishment of the actions required by paragraphs (j) and (l) of 
this AD terminate the actions specified in this paragraph.

(i) Retained Parts Installation Prohibition

    This paragraph restates the requirements of paragraph (i) of AD 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013). As of 
January 24, 2013 (the effective date of AD 2012-26-51), no person 
may install an AoA sensor conic plate in service using Airbus 
Mandatory Service Bulletin A320-34-1521, dated May 7, 2012; or 
Revision 01, dated September 12, 2012; on any airplane.

(j) New Flat Plate Installation

    Within 5 months after the effective date of this AD, remove all 
AoA sensor conic plates having part number (P/N) F3411060200000 or 
P/N F3411060900000 and install AoA sensor flat plates having part 
numbers specified in paragraph (j)(1) or (j)(2) of this AD, except 
as specified in paragraph (k) of this AD. Install the AoA sensor 
plates in accordance with the applicable method specified in 
paragraph (j)(1) or (j)(2) of this AD. Accomplishment of the AoA 
sensor flat plate installation terminates the AFM revision required 
by paragraph (g) of this AD; and after accomplishing the 
installation, the actions specified in paragraph (l) of this AD must 
be done.
    (1) Install P/N D3411013520200 in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-34-1564, including Appendix 01, dated January 25, 2013.
    (2) Install P/N D3411007620000 or P/N D3411013520000, in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

(k) New Exception to Paragraphs (g) and (j) of This AD

    An airplane on which Airbus modification 154863 (installation of 
AOA sensor flat plate) and modification 154864 (coating protection) 
have been embodied in production is not affected by the requirements 
of paragraph (g) or (j) of this AD, provided that, since first 
flight, no AoA sensor conic plate having P/N F3411060200000 or P/N 
F3411060900000 has been installed on that airplane.

[[Page 60670]]

(l) New Requirement for Removal of AFM Revision

    After modification of an airplane as required by paragraph (j) 
of this AD, Airbus A318/A319/A320/A321 TR TR286, Issue 1.0, dated 
December 17, 2012, that was inserted into the Airbus A318/A319/A320/
A321 AFM, as required by paragraph (g) of this AD, is no longer 
required and must be removed from the AFM of that airplane before 
further flight.

(m) New Parts Installation Prohibition

    (1) For any airplane that has AoA sensor flat plates installed: 
As of the effective date of this AD, do not install any AoA sensor 
conic plate having P/N F3411060200000 or P/N F3411060900000, and do 
not use any AoA protection cover having P/N 98D34203003000.
    (2) For any airplane that has AoA sensor conic plates installed: 
As of the effective date of this AD, after modification of the 
airplane as required by paragraph (j) of this AD, do not install any 
AoA sensor conic plate having P/N F3411060200000 or P/N 
F3411060900000, and do not use any AoA protection cover having P/N 
98D34203003000.

(n) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be modified (if the operator elects to do so), provided Airbus 
A318/A319/A320/A321 TR TR286, Issue 1.0, dated December 17, 2012, 
has been inserted into the Emergency Procedures of the Airbus A318/
A319/A320/A321 AFM.

(o) 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: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone (425) 227-1405; 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.

(p) Related Information

    Refer to Mandatory Continuing Airworthiness Information EASA 
Airworthiness Directive 2013-0022, dated February 1, 2013, for 
related information, which can be found in the AD docket on the 
Internet at http://www.regulations.gov.

(q) 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.
    (3) The following service information was approved for IBR on 
November 6, 2013.
    (i) Airbus Mandatory Service Bulletin A320-34-1564, including 
Appendix 01, dated January 25, 2013.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
January 24, 2013 (78 FR 1723, January 9, 2013).
    (i) Airbus A318/A319/A320/A321 Temporary Revision TR286, Issue 
1.0, dated December 17, 2012, to the Airbus A318/A319/A320/A321 
Airplane Flight Manual.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
    (6) 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.
    (7) 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 September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23079 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P