[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48906-48910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0497; Product Identifier 2016-NM-209-AD; Amendment 
39-19078; AD 2017-21-07]
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 A300 series airplanes. This AD was prompted by a report of 
reduction of the de-icing performance of the pitot probe over time that 
could remain hidden to the flight crew. This

[[Page 48907]]

AD requires repetitive detailed inspections of the pitot probe heater 
insulation resistance, and replacement of the pitot probe heater if 
necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 27, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 27, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAW, 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. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this material 
at the FAA, call 425-227-1221. It is also available on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0497.

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-2017-
0497; 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone: 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone: 425-227-2125; 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 all Airbus Model A300 
series airplanes. The NPRM published in the Federal Register on May 30, 
2017 (82 FR 24601) (``the NPRM''). The NPRM was prompted by a report of 
reduction of the de-icing performance of the pitot probe over time that 
could remain hidden to the flight crew. The NPRM proposed to require 
repetitive detailed inspections of the pitot probe heater insulation 
resistance, and replacement of the pitot probe heater if necessary. We 
are issuing this AD to ensure nominal de-icing performance of the pitot 
probe in order to prevent unreliable airspeed indications, which could 
result in reduced control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0248, dated December 15, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus Model A300 series airplanes. 
The MCAI states:

    An operator reported a reduction of the deicing performance of 
the pitot probe over the time. Pitot probes are heated to prevent 
ice accretion. De-icing performances of the Pitot probe might be 
reduced if Pitot probe heater degrades over time. Investigation 
results highlighted that the magnitude of de-icing performance 
reduction depended on how much the [pitot probe] heater is degraded. 
This degradation could remain hidden to the crew.
    Pitot probes heater degradation, if not detected and corrected, 
could lead to unreliable airspeed indications, possibly resulting in 
reduced control of the aeroplane.
    To ensure nominal de-icing performances of the Pitot probe, 
Airbus developed an inspection process to check the pitot [probe] 
heater performance, and published Service Bulletin (SB) A300-34-0185 
to provide the necessary instructions to operators.
    For the reasons described above, this [EASA] AD requires 
repetitive detailed inspections (DET) of the pitot [probe] heater, 
and, depending on findings, replacement with a serviceable one.

    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-2017-
0497.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Reduce the Maximum Possible Initial Compliance Time

    The Air Line Pilots Association, International (ALPA) expressed its 
partial support for the NPRM. ALPA requested that we change the 
introductory text of paragraph (h) of the proposed AD from ``. . . 
whichever occurs later . . .'' to ``. . . whichever occurs first . . 
.'' ALPA is concerned that a possible duration of 30 months to comply 
with the initial inspection requirement of the NPRM is too long and 
could adversely affect safety. ALPA also mentioned that they preferred 
that no more than 24 months pass between inspections.
    We do not agree with the commenter's request to shorten the 
compliance time. After considering the available information, we have 
determined that the compliance time, as proposed, represents an 
appropriate interval of time in which the required actions can be 
performed in a timely manner within the affected fleet, while still 
maintaining an adequate level of safety. In developing an appropriate 
compliance time, we considered the safety implications, parts 
availability, and normal maintenance schedules for timely 
accomplishment of the detailed inspections. The proposed compliance 
time corresponds with the compliance times specified in the MCAI. 
Additionally, the affected airplanes are currently in storage. To 
reduce the compliance time of the proposed AD would necessitate (under 
the provisions of the Administrative Procedure Act) reissuing the 
notice, reopening the period for public comment, considering additional 
comments subsequently received, and eventually issuing a final rule. 
That process would delay issuance of the final rule. In light of this, 
and in consideration of the amount of time that has already elapsed 
since issuance of the original notice, we have determined that further 
delay of this AD is not appropriate. We have not changed this AD in 
this regard.

Request To Reduce Compliance Time for Reporting

    Airbus recommended that we reduce the compliance time for reporting 
from 30 days to 10 days (after the effective date of this AD) for 
inspections with findings. No further justification was provided.
    We do not agree with the commenter's request to reduce the 
compliance time for reporting. After considering the available 
information, we have determined that the compliance time for reporting 
findings, as proposed, represents an appropriate interval of time in 
which the required actions can be performed in a timely manner within 
the affected fleet, while still maintaining an adequate level of 
safety. To reduce the reporting compliance time of this AD would, as 
mentioned previouly, necessitate reissuing the notice, reopening the 
period for public comment, considering additional comments subsequently 
received, and

[[Page 48908]]

eventually issuing a final rule. In light of this, we have determined 
that the 30-day compliance time for reporting is appropriate. We have 
not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus Service Bulletin A300-34-0185, Revision 
00, dated August 29, 2016. The service information describes procedures 
for repetitive detailed inspections of the pitot probe heater 
insulation resistance and replacement of the pitot probe heater. This 
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.

Costs of Compliance

    We estimate that this AD affects 5 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspection..........  5 work-hours x $85 per               $0  $425 per            $2,125 per
                                  hour = $425 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Reporting......................  1 work hour x $85 per                $0  $85 per inspection  $425 per
                                  hour = $85 per                           cycle.              inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement 
that will be required based on the results of the required inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  3 work-hours x $85 per hour = $255.          $9,015          $9,270
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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;
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 48909]]

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 airworthiness 
directive (AD):

2017-21-07 Airbus: Amendment 39-19078; Docket No. FAA-2017-0497; 
Product Identifier 2016-NM-209-AD.

(a) Effective Date

    This AD is effective November 27, 2017.

(b) Effective Date

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-
203, B4-2C, B4-103, and B4-203 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 of reduction of the de-icing 
performance of the pitot probe over time that could remain hidden to 
the flight crew. We are issuing this AD to ensure nominal de-icing 
performance of the pitot probe in order to prevent unreliable 
airspeed indications, which could result in reduced control of the 
airplane.

(f) Compliance

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

(g) Definition of Pitot Probes

    For the purpose of this AD, affected pitot probes are the First 
Officer's Pitot Probe 40DA, Captain's Pitot Probe 41DA, and Standby 
Pitot Probe 42DA.

(h) Repetitive Inspections

    At the time specified in paragraph (h)(1) or (h)(2) of this AD, 
whichever occurs later, do a detailed inspection of the pitot probe 
heater insulation resistance on each affected pitot probe, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A300-34-0185, Revision 00, dated August 29, 2016. Repeat 
the inspection thereafter at intervals not to exceed 24 months.
    (1) Within 24 months since the last detailed inspection of the 
pitot probe heater insulation resistance, as specified in Airbus 
A300 Aircraft Maintenance Manual (AMM), Task 30-31-00, Insulation 
Test of Pitot Heater Resistance.
    (2) Within 6 months after the effective date of this AD.

(i) Corrective Action

    If, during any detailed inspection as required by paragraph (h) 
of this AD, any pitot probe fails the test, as specified in the 
Accomplishment Instructions of Airbus Service Bulletin A300-34-0185, 
Revision 00, dated August 29, 2016, before further flight, replace 
the affected pitot probe with a serviceable (new or inspected as 
required by this AD) pitot probe, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-34-0185, 
Revision 00, dated August 29, 2016. Replacement of pitot probes, as 
required by this paragraph, does not constitute terminating action 
for the repetitive inspections required by paragraph (h) of this AD.

(j) Reporting

    At the applicable times required by paragraph (j)(1) or (j)(2) 
of this AD: Submit a report of the findings (both positive and 
negative) of each inspection required by paragraph (h) of this AD, 
as specified in the Accomplishment Instructions of Airbus Service 
Bulletin A300-34-0185, Revision 00, dated August 29, 2016, to Airbus 
Service Bulletin Reporting Online Application on Airbus World 
(https://w3.airbus.com/).
    (1) For inspections done before the effective date of this AD: 
Within 30 days after the effective date of this AD.
    (2) For inspections done on or after the effective date of this 
AD: Within 30 days after accomplishing each inspection required by 
paragraph (h) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. 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.
    (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 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.
    (4) Required for Compliance (RC): Except as required by 
paragraph (j) of this AD: 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0248, dated December 15, 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-2017-0497.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 
425-227-2125; fax: 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 this AD specifies otherwise.
    (i) Airbus Service Bulletin A300-34-0185, Revision 00, dated 
August 29, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, 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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For

[[Page 48910]]

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 October 10, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-22709 Filed 10-20-17; 8:45 am]
 BILLING CODE 4910-13-P