[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51825-51829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21967]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0498; Product Identifier 2018-NM-013-AD; Amendment 
39-19465; AD 2018-21-07]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS 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 certain 
Airbus SAS Model A330-200 Freighter, -200, and -300 series airplanes. 
This AD was prompted by reports of Angle of Attack (AOA) blockages not 
detected by upgraded flight control primary computer (FCPC) software 
standards. This AD requires upgrading certain FCPCs, which terminates a 
certain airplane flight manual revision for certain airplanes. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 19, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 19, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 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 Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0498.

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-2018-
0498; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.

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 certain Airbus SAS Model 
A330-200 Freighter, -200, and -300 series airplanes. The NPRM published 
in the Federal Register on June 4, 2018 (83 FR 25595). The NPRM was 
prompted by reports of AOA blockages not detected by upgraded FCPC 
software standards. The NPRM proposed to require upgrading certain 
FCPCs, which would terminate a certain airplane flight

[[Page 51826]]

manual revision for certain airplanes. We are issuing this AD to 
address Alpha protection activation due to blocked AOA probes, which 
could result in reduced controllability 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 
2017-0246R1, dated April 6, 2018 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus SAS Model A330-200 
Freighter, -200, and -300 series airplanes. The MCAI states:

    In 2015, occurrences were reported of multiple Angle of Attack 
(AOA) blockages. Investigation results indicated the need for AOA 
monitoring in order to better detect cases of AOA blockage.
    This condition, if not corrected, could, under specific 
circumstances, lead to undue activation of the Alpha protection, 
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, Airbus developed new 
FCPC software standards for enhanced AOA monitoring and, 
consequently, EASA issued AD 2015-0124 (later revised) [which 
corresponds to FAA AD 2016-25-30, Amendment 39-18756, (82 FR 1175, 
January 5, 2017) (``AD 2016-25-30'')] to require these software 
standard upgrades.
    Since EASA AD 2015-0124R3 was issued, it was identified that, 
for some cases, AOA blockages were not detected by those FCPC 
software standards. Consequently, new FCPC software standards, as 
specified in Table 1 of this [EASA] AD, have been developed (Airbus 
modification (mod) 206412, mod 206413 and mod 206414) to further 
improve the detection of AOA blockage. Airbus issued Service 
Bulletin (SB) A330-27-3222 and SB A330-27-3223 to implement these 
mods on in-service aeroplanes. Consequently, EASA issued AD 2017-
0246 to require a software standard upgrade of the three FCPCs, 
either by modification or replacement.
    Since that [EASA] AD was issued, it was determined that the 
Aircraft Flight Manual (AFM) Emergency Procedure, as previously 
required by EASA AD 2014-0267-E [which corresponds to FAA AD 2014-
25-52, Amendment 39-18066, (80 FR 3161, January 22, 2015) (``AD 
2014-25-52'')] can also be removed for other AOA sensors and FCPC 
configurations. This [EASA] AD revises paragraph (2) accordingly, 
also introducing Table 2 for that purpose.

    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-2018-
0498.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed 
support for the NPRM.

Request To Change Applicability

    Delta Air Lines (Delta) asked that we further restrict the 
applicability identified in paragraph (c) of the proposed AD by 
including the effectivity in the referenced service information. Delta 
stated that operators should be held accountable only for airplanes on 
which an airworthiness concern exists, and those airplanes correspond 
to the effectivity of the referenced service information. Delta added 
that if there are airplanes outside of this effectivity, operators will 
incur costs to produce and maintain records for those airplanes, 
regardless of whether or not there is an unsafe condition. Delta 
asserted that the service information provides a list of production 
airplanes that will be, or will have been, delivered with the affected 
software.
    We do agree to clarify the applicability. This AD is applicable to 
airplanes equipped with certain FCPC and not only to specific airplane 
manufacturer serial numbers (MSNs). For airplanes equipped with certain 
FCPC, only those that are in a pre-mod configuration as specified in 
paragraph (g) of this AD are required to do the upgrade specified in 
paragraph (h) of this AD. Airplanes in a post-mod configuration are not 
required to do an upgrade; however, they must comply with paragraph (k) 
of this AD. Paragraph (k) of this AD prohibits the installation of any 
software or hardware of a standard earlier than one listed in table 1 
to paragraphs (h) and (k) of this AD on all airplanes identified in 
paragraph (c) of this AD. In order for this installation prohibition to 
be effective, airplanes in a post-mod configuration must be included in 
the applicability. We are also matching the applicability in the MCAI. 
Therefore, we have not changed this AD in this regard.

Request To Remove Reference to Group 2 Airplanes

    Delta asked that we remove references to Group 2 airplanes from 
paragraphs (g) and (k) of the proposed AD, ``Definition of Groups'' and 
``Parts Installation Prohibition,'' respectively. Delta stated that 
Group 1 airplanes are those in pre-mod 206412, 206413, or 206414 
configuration, as applicable; Group 2 airplanes are those in post-mod 
206412, 206413, or 206414 configuration, as applicable. Delta added 
that Group 2 airplanes are those that do not require modification, 
since they are already equipped with the FCPC software; therefore, 
those airplanes should be excluded from the applicability since the 
unsafe condition does not exist on those airplanes. Delta noted that a 
Group 1/Group 2 definition is redundant to the applicability paragraph 
because that paragraph defines only those airplanes on which the unsafe 
condition exists. Delta also noted that the proposed language in 
paragraph (k) of the proposed AD would allow continued installation of 
existing hardware/software before the AD effective date and prohibit 
removal of the modification after the effective date of the AD.
    We do not agree with the commenter's request. Airplanes in Groups 1 
and 2 represent the total of the airplanes identified in paragraph (c) 
of the AD. Group 1 and Group 2 are defined in paragraph (g) of this AD 
to distinguish one from another, for the purpose of identifying the 
applicable requirements. Removing the definition of Group 2 airplanes 
from paragraph (g) of this AD would not remove Group 2 airplanes from 
the applicability. Airplanes in Group 2 may in the future be subject to 
the unsafe condition identified in this AD if an earlier standard of 
software or hardware is installed on that airplane. Therefore, so that 
Group 2 airplanes remain in an airworthy configuration after the 
effective date of the AD, paragraph (k) of this AD prohibits the 
installation of any software or hardware of a standard earlier than 
that listed in table 1 to paragraphs (h) and (k) of this AD. Therefore, 
we have not changed this AD in this regard.

Request To Reference to Later Revisions of Service Information

    Delta asked that we change paragraph (h) of the proposed AD to 
allow use of subsequent service bulletins. Delta stated that the FCPC 
software standard has changed approximately every two years. Delta 
noted that adding the term ``or relative later software standard'' will 
allow operators to immediately install the latest software standard 
without having to request an alternative method of compliance (AMOC).
    We disagree with the commenter's request. In general terms, we are 
required by the Office of the Federal Register (OFR) regulations to 
either publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
``referenced'' material, in which case we may only refer to such 
material in the text of an AD. The AD may refer to the service document 
only if the OFR approved it for

[[Page 51827]]

``incorporation by reference.'' See 1 CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either we must revise 
the AD to reference specific later revisions, or operators must request 
approval to use later revisions or later software standards as an AMOC 
for this AD under the provisions of paragraph (l)(1) of this AD. 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 final rule 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 addressing 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 SAS has issued the following service information:
     Service Bulletin A330-27-3222, dated February 16, 2017.
     Service Bulletin A330-27-3223, dated June 6, 2017.
    This service information describes procedures for upgrading (by 
modification or replacement, as applicable) certain FCPCs. These 
documents are distinct since they apply to different airplanes in 
different configurations. 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 103 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
----------------------------------------------------------------------------------------------------------------
Modification/replacement...........  3 work-hours x $85 per hour              $0            $255         $26,265
                                      = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all 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 known 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.
    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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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, 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):

2018-21-07 Airbus SAS: Amendment 39-19465; Docket No. FAA-2018-0498; 
Product Identifier 2018-NM-013-AD.

(a) Effective Date

    This AD is effective November 19, 2018.

(b) Affected ADs

    This AD affects AD 2014-25-52, Amendment 39-18066 (80 FR 3161, 
January 22, 2015) (``AD 2014-25-52''); and AD 2016-25-30, Amendment 
39-18756, (82 FR 1175, January 5, 2017) (``AD 2016-25-30'').

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD; all 
manufacturer serial numbers; equipped with flight control primary 
computers (FCPCs) having software standard P13/M22 (hardware 2K2), 
P14/M23 (hardware 2K1), or M23 (hardware 2K0), or earlier standard.
    (1) Airbus Model A330-223F and -243F airplanes.
    (2) Airbus Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.

    Note 1 to paragraph (c) of this AD:  The software standards 
specified in paragraph (c) of this AD correspond, respectively, to 
part number (P/N) LA2K2B100DG0000, P/N

[[Page 51828]]

LA2K1A100DF0000, and P/N LA2K01500AF0000. All affected airplanes 
should be equipped with this software, as required by AD 2016-25-30.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of Angle of Attack (AOA) 
blockages not detected by upgraded FCPC software standards. We are 
issuing this AD to prevent Alpha protection activation due to 
blocked AOA probes, which could result in reduced controllability of 
the airplane.

(f) Compliance

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

(g) Definitions of Groups

    Group 1 airplanes are those in pre-mod 206412, pre-mod 206413, 
or pre-mod 206414 configuration, as applicable. Group 2 airplanes 
are those in post-mod (206412, 206413, or 206414, as applicable) 
configuration.

(h) Upgrade Flight Control Primary Computer Software

    For Group 1 airplanes: Within 12 months after the effective date 
of this AD: Upgrade (by modification or replacement, as applicable) 
the three FCPCs, as specified in table 1 to paragraphs (h) and (k) 
of this AD, in accordance with the Accomplishment Instructions of 
the applicable service information specified in table 1 to 
paragraphs (h) and (k) of this AD.
[GRAPHIC] [TIFF OMITTED] TR15OC18.001

(i) Terminating Action for Certain Requirements of AD 2014-25-52

    For airplanes with an AOA configuration as identified in figure 
1 to paragraph (i) of this AD, or as identified in paragraph (m)(2) 
of AD 2016-12-15, Amendment 39-18564 (81 FR 40160, June 21, 2016) 
(``AD 2016-12-15''), as applicable: Accomplishing the upgrade 
required by paragraph (h) of this AD terminates the requirements of 
paragraph (g) of AD 2014-25-52, and the airplane flight manual (AFM) 
procedure required by paragraph (g) of AD 2014-25-52 may be removed 
from the AFM.
[GRAPHIC] [TIFF OMITTED] TR15OC18.002

(j) Terminating Action for Certain Requirements of AD 2016-25-30

    Accomplishment of the actions required by paragraph (h) of this 
AD terminates the requirements of paragraph (g) of AD 2016-25-30 for 
that airplane.

(k) Parts Installation Prohibition

    Installation of any software or hardware of a version earlier 
than the one listed in table 1 to paragraphs (h) and (k) of this AD 
is prohibited, as required by paragraphs (k)(1) and (k)(2) of this 
AD, as applicable.
    (1) For Group 1 airplanes: After modification of an airplane as 
required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: As of the effective date of this AD.

(l) 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 manager of the International Branch, send it to the 
attention of the person

[[Page 51829]]

identified in paragraph (m)(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 EASA Design Organization Approval (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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0246R1, dated April 6, 2018, 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-2018-0498.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229.

(n) 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 A330-27-3222, dated February 16, 
2017.
    (ii) Airbus Service Bulletin A330-27-3223, dated June 6, 2017.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on September 23, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-21967 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P