[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Proposed Rules]
[Pages 44235-44238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15907]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7424; Directorate Identifier 2015-NM-173-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and 
Model A340-200, -300, -500, and -600 series airplanes. This proposed AD 
was prompted by a determination that, due to significant differences 
among all airspeed sources, the flight controls will revert to 
alternate law, the autopilot (AP) and the auto-thrust (A/THR) will 
automatically disconnect, and the flight director (FD) bars will be 
automatically removed. Then, if two airspeed sources become similar 
while still erroneous, the flight guidance computers will display the 
FD bars again, and enable

[[Page 44236]]

the re-engagement of the AP and A/THR. In some cases, however, the AP 
orders may be inappropriate, such as possible abrupt pitch command. 
This proposed AD would require a software standard upgrade 
(modification or replacement) of the three flight control primary 
computers (FCPCs). We are proposing this AD to prevent autopilot 
engagement under unreliable airspeed conditions, which could result in 
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 22, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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:
     Deliver to Mail address above between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 view this 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 by searching for and locating Docket No. FAA-2016-
7424; or in person at the Docket Management Facility 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, WA 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-2016-7424; 
Directorate Identifier 2015-NM-173-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 Union, has issued EASA 
Airworthiness Directive 2015-0124R1, dated February 2, 2016 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A330-200, -200 Freighter, and -300 series airplanes; and Model A340-
200, -300, -500, and -600 series airplanes. The MCAI states:

    It was determined that, when there are significant differences 
between all airspeed sources, the flight controls of an Airbus A330 
or A340 aeroplane will revert to alternate law, the autopilot (AP) 
and the auto-thrust (A/THR) automatically disconnect, and the Flight 
Directors (FD) bars are automatically removed. Further analyses have 
shown that, after such an event, if two airspeed sources become 
similar while still erroneous, the flight guidance computers will 
display the FD bars again, and enable the re-engagement of AP and A/
THR. However, in some cases, the AP orders may be inappropriate, 
such as possible abrupt pitch command. In order to prevent such 
events which may, under specific circumstances, constitute an unsafe 
condition, EASA issued AD 2010-0271 [which corresponds to FAA AD 
2011-02-09, Amendment 39-16583 (76 FR 4219, January 25, 2011)] to 
require an amendment of the Airplane Flight Manual (AFM) to ensure 
that flight crews apply the appropriate operational procedure.
    Since EASA AD 2010-0271 was issued, new Flight Control Primary 
Computer (FCPC) software standards were developed that inhibit 
autopilot engagement under unreliable airspeed conditions. 
Consequently, EASA issued AD 2011-0199 (later revised) [which 
corresponds to FAA AD 2013-19-14, Amendment 39-17596 (78 FR 68347, 
November 14, 2013)] for A330 and A340-200/300 aeroplanes, and AD 
2013-0107 [which also corresponds to FAA AD 2013-19-14], for A340-
500/600 aeroplanes to require a software standard upgrade of the 
three FCPCs by either modification or replacement.
    Since EASA AD 2011-0199R1 and AD 2013-0107 were issued, new FCPC 
software standards, as specified in Appendix 1 of this [EASA] AD, 
were developed to correct aeroplane behaviour in case of undetected 
erroneous (Radio Altimeter) RA information and to introduce other 
improvements. In addition, the new FCPC software standards implement 
enhanced Angle of Attack (AOA) monitoring in order to better detect 
cases of AOA blockage, including multiple AOA blockage.
    For the reasons described above, EASA issued AD 2015-0124 to 
require the latest software standard upgrade of the three FCPCs, by 
either modification or replacement.
    At the time [EASA] AD 2015-0124 was issued, some of the Airbus 
SBs listed in Appendix 1 were not available. Since, some have been 
published, and for this reason, this [EASA] AD is revised to 
introduce the date of publication of these SBs.
    There are still two SBs that remain unavailable at this time. It 
is expected that this [EASA] AD will be revised again when these SBs 
are published.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7424.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Service Bulletin A330-27-3205, Revision 02, dated March 
23, 2016.
     Service Bulletin A320-27-3207, dated June 30, 2015.
     Service Bulletin A340-27-4195, dated November 24, 2015.
     Service Bulletin A340-27-4196, dated November 24, 2015.
    The service information describes procedures for upgrading 
(replacing or modifying) the software standards for the FCPCs. The 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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

[[Page 44237]]

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 these same type 
designs.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Paragraph (7) of EASA AD 2015-0124R1, dated February 2, 2016, is 
specific to Model A330 airplanes that were modified in service to a 
multi-role transport tanker (MRTT) configuration using Airbus Service 
Bulletin A330-27-3156. This Model A330 is not type-validated by the 
FAA. Therefore, we have not included the provisions for the Model A330 
MRTT airplanes in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 92 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Modification/replacement..........  3 work-hours x $85    Not available.......            $255          $23,460
                                     per hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
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 available 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 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.

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 airworthiness 
directive (AD):

Airbus: Docket No. FAA-2016-7424; Directorate Identifier 2015-NM-
173-AD.

(a) Comments Due Date

    We must receive comments by August 22, 2016.

(b) Affected ADs

    This AD affects the ADs identified in paragraphs (b)(1), (b)(2), 
(b)(3), and (b)(4) of this AD:
    (1) AD 2012-08-02, Amendment 39-17018 (77 FR 24829, April 26, 
2012) (``AD 2012-08-02'').
    (2) AD 2013-03-06, Amendment 39-17341 (78 FR 15279, March 11, 
2013) (``AD 2013-03-06'').
    (3) AD 2013-05-08, Amendment 39-17380 (78 FR 27015, May 9, 2013; 
corrected August 29, 2013 (78 FR 53237)) (``AD 2013-05-08'').
    (4) AD 2013-19-14, Amendment 39-17596 (78 FR 68347, November 14, 
2013) (``AD 2013-19-14'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(7) of this AD, 
all manufacturer serial numbers.
    (1) Model A330 -223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A340-211,--212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a determination that, due to significant 
differences among all airspeed sources, the flight controls will 
revert to alternate law, the autopilot (AP) and the auto-thrust (A/
THR) will automatically disconnect, and the flight director (FD) 
bars will be automatically removed. Then, if two airspeed sources 
become similar while still erroneous, the flight guidance computers 
will display the FD bars again, and enable the re-engagement of the 
AP and A/THR. In some cases, however, the AP orders may be 
inappropriate, such as possible abrupt pitch command. We are issuing 
this AD to prevent autopilot engagement under unreliable airspeed 
conditions, which could result in reduced controllability of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 44238]]

(g) New Software Standard Upgrade for Model A330 Series Airplanes, and 
Model A340-200 and -300 Series Airplanes

    At the applicable time specified in figure 1 to paragraph (g) of 
this AD: Upgrade (by modification or replacement, as applicable) the 
three flight control primary computers (FCPCs), as specified in 
figure 1 to paragraph (g) of this AD, in accordance with the 
Accomplishment Instructions of the applicable service information 
specified in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this 
AD, except for Model A340-500 and -600 series airplanes with 
hardware standard FCPC 2K2, do the upgrade in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

   Figure 1 to Paragraph (g) of This AD--Software Standard Updates and
                            Compliance Times
------------------------------------------------------------------------
                                                Compliance time after
 Software standard     Hardware standard      effective date of this AD
------------------------------------------------------------------------
P13/M22............  FCPC 2K2.............  Within 9 months.
P14/M23............  FCPC 2K1.............  Within 9 months.
M23................  FCPC 2K0.............  Within 9 months.
L24................  FCPC 2K1 or 2K0......  Within 15 months.
L23................  FCPC 2K2.............  Within 15 months.
W13................  FCPC 2K2.............  Within 15 months.
------------------------------------------------------------------------

(h) Service Information

    For the upgrade required by paragraph (g) of this AD, applicable 
service information is identified in paragraphs (h)(1), (h)(2), 
(h)(3), and (h)(4) of this AD.
    (1) For Model A330 airplanes with hardware standard FCPC 2K2: 
Airbus Service Bulletin A330-27-3205, Revision 02, dated March 23, 
2016.
    (2) For Model A330 airplanes with hardware standard FCPC 2K1 or 
FCPC 2K0: Airbus Service Bulletin A330-27-3207, dated June 30, 2015.
    (3) For Model A340-200 and -300 series airplanes with hardware 
standard FCPC 2K0 or FCPC 2K1: Airbus Service Bulletin A340-27-4195, 
dated November 24, 2015.
    (4) For Model A340-200 and -300 series airplanes with hardware 
standard FCPC 2K2: Airbus Service Bulletin A340-27-4196, dated 
November 24, 2015.

(i) Removal of Certain Airplane Flight Manual (AFM) Requirements

    After accomplishing the FCPC upgrade required by paragraph (g) 
of this AD, the AFM operational procedures required by the AFM 
revisions identified in paragraphs (i)(1), (i)(2), and (i)(3) of 
this AD are no longer required and can be removed from the AFM for 
that airplane only.
    (1) The AFM revision required by paragraph (g) of AD 2013-03-06.
    (2) The AFM revision required by paragraph (g) of AD 2013-19-14.
    (3) The AFM revision required by paragraph (h) of AD 2013-19-14.

(j) Removal of Certain Other AFM Requirements

    Accomplishing the FCPC upgrade required by paragraph (g) of this 
AD terminates the dispatch limitations required by paragraphs (g), 
(h), and (i) of AD 2012-08-02 for that airplane only, and after 
accomplishing the FCPC upgrade, those dispatch limitations can be 
removed from the AFM for that airplane only.

(k) Certain Actions Required by AD 2013-05-08 Affected by This AD

    Accomplishing the FCPC upgrade required by paragraph (g) this AD 
constitutes compliance with the requirements of paragraph (l) and 
paragraphs (o)(1) through (o)(4) of AD 2013-05-08.

(l) Certain Actions Required by AD 2013-19-14 Affected by This AD

    Accomplishing the FCPC upgrade required by paragraph (g) this AD 
constitutes compliance with the requirements of paragraphs (i) and 
(j) of AD 2013-19-14.

(m) Airplanes Excluded From Certain Requirements

    For Airbus Model A330 series airplanes having Airbus 
Modification 202680 (installation of FCPC 2K2 with software standard 
P13/M22) incorporated in production: The actions specified in 
paragraph (g) of this AD are not required, provided it can be 
positively determined that since the date of issuance of the 
original certificate of airworthiness or the original export 
certificate of airworthiness, no FCPC has been replaced on that 
airplane with an FCPC having an earlier standard.

(n) Credit for Previous Actions

    This paragraph provides credit for the applicable actions 
required by paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using Airbus Service 
Bulletin A330-27-3205, dated March 9, 2015; or Airbus Service 
Bulletin A330-27-3205, Revision 01, dated July 3, 2015; which are 
not incorporated by reference in this AD.

(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: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM 116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; 
or Airbus's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0124R1, dated February 2, 
2016, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-7424.
    (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 view this 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 June 23, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-15907 Filed 7-6-16; 8:45 am]
 BILLING CODE 4910-13-P