[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Proposed Rules]
[Pages 60798-60800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24058]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0363; Directorate Identifier 2013-NM-031-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all Airbus Model A330-200, -300 and -200 Freighter series 
airplanes, and Model A340-200, -300, -500, and -600 series airplanes. 
The NPRM proposed to require, for certain airplanes, revising the 
airplane flight manual (AFM) to advise the flight crew of emergency 
procedures for addressing Angle of Attack (AOA) sensor blockage. The 
NPRM also proposed to mandate replacing the AOA sensor conic plates 
with AOA sensor flat plates, which is a terminating action for the AFM 
revision. The NPRM was prompted by a report that an airplane equipped 
with AOA sensors installed with conic plates recently experienced 
blockage of all sensors during climb, leading to autopilot 
disconnection and activation of the alpha protection (Alpha Prot) when 
Mach number was increased. For certain airplanes, this action revises 
the NPRM by adding a modification of the installation of certain AOA 
sensor flat plates. We are proposing this AD to prevent reduced control 
of the airplane. Since these actions impose an additional burden over 
that proposed in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these proposed changes.

DATES: We must receive comments on this proposed AD by November 18, 
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 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 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. 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, WA 98057-3356; phone: 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-2013-0363; 
Directorate Identifier 2013-NM-031-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on May 
3, 2013 (78 FR 25902). The earlier NPRM proposed to require actions 
intended to address the unsafe condition for the products listed above.

Actions Since Previous NPRM Was Issued

    Since the NPRM (78 FR 25902, May 3, 2013) was issued, Airbus has 
issued revised service information, identified below, due to an error 
in the Accomplishment Instructions in the original service information 
for the installation. For airplanes on which the installation in the 
original service information was done, the revised service information 
adds a modification of that installation of the two AOA sensor flat 
plates on the right-hand side of the fuselage. The modification ensures 
that both plates are flush with the fuselage.

Revised Service Information

     Airbus Mandatory Service Bulletin A330-34-3293, Revision 
01, including Appendix 01, dated June 12, 2013.
     Airbus Mandatory Service Bulletin A340-34-4273, Revision 
01, including Appendix 01, dated June 12, 2013.
     Airbus Mandatory Service Bulletin A340-34-5093, Revision 
01, including Appendix 01, dated June 12, 2013.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the NPRM (78 FR 
25902, May 3, 2013). The following presents the comments received on 
the NPRM and the FAA's response to each comment.
    Airbus asked that we replace the original issues of the service 
information specified in the earlier NPRM (Airbus Mandatory Service 
Bulletin A330-34-3293, dated January 31, 2013; and Airbus Mandatory 
Service Bulletins A340-34-4273 and A340-34-5093, both dated January 30, 
2013). Airbus stated that revised service information was issued to 
correct an error in the Accomplishment Instructions of the original 
issues of the service information, as specified under

[[Page 60799]]

the ``Relevant Service Information'' section in the earlier NPRM (78 FR 
25902, May 3, 2013).
    We agree with the commenter and have replaced the references to 
accomplishing the actions in accordance with the original issue of the 
service information in the earlier NPRM (78 FR 25902, May 3, 2013) with 
accomplishing the actions in accordance with the revised service 
information identified previously.

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.
    Certain changes described above expand the scope of the earlier 
NPRM (78 FR 25902, May 3, 2013). As a result, we have determined that 
it is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this proposed AD.

Difference Between the Proposed AD and the MCAI or Service Information

    The revised service information specifies an imprecise compliance 
time for modifying the installation of the AOA sensor conic plates 
(i.e., ``at next C-check at the latest''). The SNPRM would require 
modifying the installation within 5 months after the effective date of 
the AD. We have coordinated this difference with the European Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, and Airbus.

Costs of Compliance

    We estimate that this proposed AD affects 64 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM Revision..........................  1 work-hour x $85 per                 $0             $85          $5,440
                                         hour = $85.
Replacement of certain AOA sensor       7 work-hours x $85 per                 0             595          38,080
 conic plates.                           hour = $595.
Modification of installations of        5 work-hours x $85 per                 0             425          27,200
 certain AOA sensor flat plates.         hour = $425.
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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 adding the following new AD:

Airbus: Docket No. FAA-2013-0363; Directorate Identifier 2013-NM-
031-AD.

(a) Comments Due Date

    We must receive comments by November 18, 2013.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 34: Navigation.

(e) Reason

    This AD was prompted by a report that an airplane equipped with 
Angle of Attack (AOA) sensors installed with conic plates recently 
experienced blockage of all sensors during climb, leading to 
autopilot disconnection and activation of the alpha protection 
(Alpha Prot) when Mach number

[[Page 60800]]

was increased. 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) Airplane Flight Manual Revision

    For airplanes identified in paragraphs (g)(1) and (g)(2) of this 
AD, except as provided by paragraph (j) of this AD: Within 10 days 
after the effective date of this AD, revise the Emergency Procedures 
of the Airbus A330 and A340 Airplane Flight Manuals (AFMs), as 
applicable, by incorporating Airbus A330 Temporary Revision TR293, 
Issue 1.0, dated December 4, 2012; or Airbus A340 Temporary Revision 
TR294, Issue 1.0, dated December 4, 2012; as applicable; to advise 
the flight crew of emergency procedures for addressing AOA sensor 
blockage. This can be done by inserting the Airbus A330 Temporary 
Revision TR293, Issue 1.0, dated December 4, 2012; or Airbus A340 
Temporary Revision TR294, Issue 1.0, dated December 4, 2012; into 
the applicable AFM. When the information in Airbus A330 Temporary 
Revision TR293, Issue 1.0, dated December 4, 2012; and Airbus A340 
Temporary Revision TR294, Issue 1.0, dated December 4, 2012; is 
included in the general revisions of the applicable AFM, the general 
revisions may be incorporated into the AFM, and the temporary 
revisions may be removed.
    (1) Model A330-201, -202, -203, -223, 223F, -243, -243F, -301, -
302, -303, -321, -322, -323, -341, -342, and -343 airplanes, all 
manufacturer serial numbers, on which Airbus modification 201609 or 
201610 has been embodied in production; or on which Airbus Service 
Bulletin A330-34-3255 has been embodied in service.
    (2) Model A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes, all manufacturer serial numbers, on which Airbus 
modification 201609 or 201610 has been embodied in production; or on 
which Airbus Service Bulletin A340-34-4250 or A340-34-5081, as 
applicable, has been embodied in service.

(h) Replacement

    Except as provided by paragraph (j) of this AD: Within 5 months 
after the effective date of this AD, replace all AOA sensor conic 
plates having part number (P/N) F3411060200000 or P/N F3411060900000 
with an applicable AOA sensor flat plate identified in paragraph 
(h)(1) or (h)(2) of this AD. Performing this replacement constitutes 
terminating action for the AFM revision required by paragraph (g) of 
this AD; and Airbus A330 Temporary Revision TR293, Issue 1.0, dated 
December 4, 2012, and Airbus A340 Temporary Revision TR294, Issue 
1.0, dated December 4, 2012, to the Airbus A330 and A340 AFMs, as 
applicable, must be removed from the AFMs before further flight 
after doing the replacement.
    (1) Replace with a flat plate having P/N F3411007920200 or P/N 
F3411007920300, as applicable, in accordance with the applicable 
service information specified in paragraph (h)(1)(i), (h)(1)(ii), or 
(h)(1)(iii) of this AD.
    (i) Airbus Mandatory Service Bulletin A330-34-3293, Revision 01, 
including Appendix 01, dated June 12, 2013.
    (ii) Airbus Mandatory Service Bulletin A340-34-4273, Revision 
01, including Appendix 01, dated June 12, 2013.
    (iii) Airbus Mandatory Service Bulletin A340-34-5093, Revision 
01, including Appendix 01, dated June 12, 2013.
    (2) Replace with a flat plate having P/N F3411007920000 or P/N 
F3411007920100, 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.

(i) Modification of Installation

    For airplanes on which any AOA sensor conic plate has been 
replaced with an AOA sensor flat plate, in accordance with the 
applicable service information specified in paragraph (i)(1)(i), 
(i)(1)(ii), or (i)(1)(iii) of this AD: Within 5 months after the 
effective date of this AD, modify the installation of the AOA sensor 
flat plates so that the plates are flush with the fuselage in 
accordance with the applicable service information identified in 
paragraph (h)(1)(i), (h)(1)(ii),or (h)(1)(iii) of this AD.
    (i) Airbus Mandatory Service Bulletin A330-34-3293, including 
Appendix 01, dated January 31, 2013.
    (ii) Airbus Mandatory Service Bulletin A340-34-4273, including 
Appendix 01, dated January 30, 2013.
    (iii) Airbus Mandatory Service Bulletin A340-34-5093, including 
Appendix 01, dated January 30, 2013.

(j) Exception to Paragraphs (g) and (h) of This AD

    For airplanes on which Airbus Modification 203285 (improved AOA 
flat plate protection treatment) has been embodied in production: 
The actions specified in paragraphs (g) and (h) of this AD are not 
required, provided that, since first flight, no AOA probe conic 
plate having P/N F3411060200000 or P/N F3411060900000 has been 
installed.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, an AOA sensor conic plate having P/N F3411060200000 or 
P/N F3411060900000 or an AOA protection cover having P/N 
98D34203003000.

(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 EASA 
Airworthiness Directive 2013-0023, dated February 1, 2013, for 
related information, which can be found in the AD docket on the 
Internet at http://www.regulations.gov.
    (2) 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.

    Issued in Renton, Washington, on September 23, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24058 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P