[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63799-63802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24685]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0584; Product Identifier 2017-NM-173-AD; Amendment 
39-19494; AD 2018-23-08]
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 all 
Airbus SAS Model A330-200, A330-200 Freighter, and A330-300 series 
airplanes. This AD was prompted by reports of dual flight management 
system (FMS) resets with the loss of flight plan (F-PLN) data. This AD 
requires revising the airplane flight manual (AFM) to prohibit required 
navigation performance-authorization required (RNP-AR) operations using 
flight management guidance envelope computer (FMGEC) standard P5H3. 
This AD would also require modifying the FMS software of airplanes 
equipped with FMGEC standard P5H3. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective January 16, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 16, 
2019.

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, 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-2018-0584.

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-
0584; or in person at Docket Operations

[[Page 63800]]

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 all Airbus SAS Model A330-
200, A330-200 Freighter, and A330-300 series airplanes. The NPRM 
published in the Federal Register on July 18, 2018 (83 FR 33873). The 
NPRM was prompted by reports of dual FMS resets with the loss of F-PLN 
data. The NPRM proposed to require revising the AFM to prohibit RNP-AR 
operations using FMGEC standard P5H3. The NPRM also proposed to require 
modifying the FMS software of airplanes equipped with FMGEC standard 
P5H3.
    We are issuing this AD to address dual FMS reset and loss of F-PLN 
data, which in the context of RNP-AR operations of the airplane could 
result in significantly reduced situational awareness of proximity to 
terrain and/or other aircraft to below acceptable safety margins, and 
out of the context of RNP-AR operations could lead to an unusually high 
pilot workload.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0233, dated November 23, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A330-200, Model 
A330-200 Freighter, and Model A330-300 series airplanes. The MCAI 
states:

    Operators of [Airbus SAS Model] A330 aeroplanes fitted with a 
Flight Management Guidance Envelope Computer (FMGEC) standard P5H3 
have reported some occurrences of dual Flight Management System 
(FMS) reset with the loss of Flight Plan (F-PLN) data. These events 
have been identified in all flight phases, including Take-Off 
transition.
    This condition, if not corrected, particularly in the context of 
Required Navigation Performance--Authorization Required (RNP-AR) 
operations of the aeroplane, could lead to a large reduction in 
safety margins due to terrain and/or surrounded traffic proximity 
[below acceptable safety margins], and out of the context of RNP-AR 
operations could lead to an increased pilot workload.
    To address this potential unsafe condition, Airbus issued 
Aircraft Flight Manual (AFM) Temporary Revision (TR) 774 issue 1 
[approved October 13, 2017, to the Airbus A330/A340 Airplane Flight 
Manual] to provide instructions to prohibit RNP-AR operations. In 
addition, Airbus developed modification (mod) 207362 to allow FMS 
software downgrading from P5 to P4A standard, and issued [Airbus 
SAS] Alert Operator Transmission (AOT) A22L002-17 providing 
instructions to implement that mod on in-service aeroplanes. As a 
long term action, Airbus intend to publish Service Bulletin (SB) 
A330-22-3264, which will supersede AOT A22L002-17 [dated October 20, 
2017], to provide the same instructions for FMS software downgrade.
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM and operating the aeroplane 
accordingly, and requires FMS software downgrading of aeroplanes 
with FMGEC standard P5H3.

    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-
0584.

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 NRPM

    Air Line Pilots Association, International (ALPA) stated its 
support for the NPRM.

Request To Revise Applicability

    Delta Air Lines (DAL) requested that we revise the applicability of 
the proposed AD to state that the AD is not effective for airplanes 
that have a Thales FMS installed. DAL justified the request by stating 
that the applicability of the proposed AD was too general, and removing 
airplanes with a Thales FMS installed from the applicability would not 
result in a decrease in safety, because the action is intended only for 
airplanes with a Honeywell FMS installed.
    We disagree with DAL's request because FMGEC standard P5H3 can be 
embodied in production or in service on both Thales and Honeywell FMS. 
Further, this AD requires modification of Groups 1 and 2 airplanes in 
accordance with Airbus Service Bulletin A330-22-3264, dated March 14, 
2018, which requires prior or simultaneous accomplishment of 
prerequisite Airbus SAS service information applicable to airplanes 
with a Honeywell FMS, Release 2, or a Thales flight guidance card. We 
have not changed this AD in this regard.

Request To Develop New Software Standard

    ALPA suggested that a temporary downgrade of the FMS software from 
P5H3 standard to P4A standard is a short-term fix, and recommended that 
a new software standard be developed. ALPA contends that the new 
software standard should eliminate the potential of dual FMS resets, 
which could lead to loss of flight plan data, while incorporating the 
features of the advanced P5H3 standard.
    We disagree with ALPA's request. The unsafe condition of dual FMS 
resets, which could lead to loss of flight plan data, was introduced by 
the FMS software P5H3 standard. The unsafe condition is eliminated by 
downgrading the FMS software to P4A standard, which is a permanent 
repair. The FAA acknowledges ALPA's recommendation, and we might 
consider further rulemaking on this issue if Airbus proposes new 
software. We have not changed the 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 Service Bulletin A330-22-3264, dated March 
14, 2018. This service information describes procedures to downgrade 
the FMS from P5 to P4A operational software on FMGEC standard P5H3, by 
embodying Modification 207362S34542 on the affected airplanes.
    Airbus SAS has issued A330/A340 AFM Temporary Revision TR774, RNP 
AR Operations Forbidden with FMGEC Standard P5H3, Issue 1, dated 
October 16, 2017, to the Airbus A330/A340 AFM. This service information 
describes the operational restrictions for

[[Page 63801]]

RNP-AR on Airbus SAS Model A330 series airplanes equipped with FMGEC 
standard P5H3.
    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.

Other Related Service Information

    The Airbus A330/A340 Airplane Flight Manual (AFM) for the aircraft 
affected by this AD is required to be furnished with the aircraft, in 
accordance with 14 CFR 25.1581. Further, operators of the aircraft 
affected by this AD must operate in accordance with the limitations 
specified in the AFM, in accordance with 14 CFR 91.9.

Costs of Compliance

    We estimate that this AD affects 3 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255             $765
----------------------------------------------------------------------------------------------------------------

    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):

2018-23-08 Airbus SAS: Amendment 39-19494; Docket No. FAA-2018-0584; 
Product Identifier 2017-NM-173-AD.

(a) Effective Date

    This AD is effective January 16, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, A330-202, A330-
203, A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, 
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, and 
A330-343 airplanes, certificated in any category, all manufacturer 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by reports of dual flight management system 
(FMS) resets with the loss of flight plan (F-PLN) data. We are 
issuing this AD to address dual FMS reset and loss of F-PLN data, 
which in the context of required navigation performance-
authorization required (RNP-AR) operations of the airplane could 
result in significantly reduced situational awareness of proximity 
to terrain and/or other aircraft to below acceptable safety margins, 
and out of the context of RNP-AR operations could lead to an 
unusually high pilot workload.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions in paragraphs 
(g)(1) through (g)(3) of this AD apply.
    (1) Group 1 airplanes are those that have flight management 
guidance envelope computer (FMGEC) standard P5H3 (Airbus SAS 
Modification 204758 Part Number (P/N) FMGEC C13226HA07 with P/N FMS 
operational SW PS4087700-906) embodied in production, or embodied in 
service as specified in Airbus Service Bulletin A330-22-3209; Airbus 
Service Bulletin A330-22-3225; Airbus Service Bulletin A330-22-3244; 
Airbus Service Bulletin A330-22-3247; or Airbus Service Bulletin 
A330-22-3262; except those that have RNP-AR.
    (2) Group 2 airplanes have the same configuration as those in 
Group 1, but in addition have RNP-AR (Airbus SAS Modification 
203441, or Airbus SAS Modification 203442, or Airbus SAS 
Modification 200624) embodied in production or Airbus Service 
Bulletin A330-34-3262; Airbus Service Bulletin A330-34-

[[Page 63802]]

3308; or Airbus Service Bulletin A330-34-3345; embodied in service.
    (3) Group 3 airplanes are those in any configuration other than 
that identified in paragraph (g)(1) or (g)(2) of this AD.

(h) Airplane Flight Manual (AFM) Revision

    For Group 2 airplanes: Within 30 days after the effective date 
of this AD, revise the Limitations section of the Airbus A330/A340 
AFM to include the information in Airbus A330/A340 AFM Temporary 
Revision TR774, RNP AR Operations Forbidden with FMGEC Standard 
P5H3, Issue 1, dated October 16, 2017 (``TR774''), and inform all 
flight crews, and, thereafter, operate the airplane accordingly, as 
specified in TR774. TR774 prohibits the RNP-AR operation on Airbus 
SAS Model A330 series airplanes equipped with FMGEC standard P5H3. 
Revising the AFM to include TR774 may be done by inserting a copy of 
TR774 in the AFM. When TR774 has been included in general revisions 
of the AFM, the general revisions may be inserted in the AFM, 
provided the relevant information in the general revision is 
identical to that in TR774, and TR774 may be removed.
    Note 1 to paragraph (h) of this AD: The Airbus A330/A340 AFM for 
the aircraft affected by this AD is required to be furnished with 
the aircraft, in accordance with 14 CFR 25.1581. Further, operators 
of the aircraft affected by this AD must operate in accordance with 
the limitations specified in the AFM, in accordance with 14 CFR 
91.9.

(i) FMS Software Modification

    (1) For Group 1 and Group 2 airplanes: Within 60 days after the 
effective date of this AD, modify the airplane by installing FMS 
software P4A (P/N FMS operational SW PS4087700-905) on FMGEC 
standard P5H3 (P/N FMGEC C13226HA07 with P/N FMS operational SW 
PS4087700-906), in accordance with the instructions of Airbus 
Service Bulletin A330-22-3264, dated March 14, 2018.
    (2) For Group 2 airplanes: After modification of an airplane as 
required by paragraph (i)(1) of this AD, the AFM revision required 
by paragraph (h) of this AD may be removed from the AFM of that 
airplane.

(j) Optional Modification

    For Group 3 airplanes: From the effective date of this AD, it is 
allowed to modify any airplane into a Group 1 or Group 2 
configuration, provided that, concurrently, that airplane is 
modified in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A330-22-3264, dated March 14, 2018.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (i) of this AD and optional actions specified in paragraph 
(j) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Alert Operators Transmission-AOT 
A22L002-17, dated October 20, 2017.

(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 International Section, send it to the attention of 
the person 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 Airbus SAS's 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 2017-0233, dated November 23, 2017, 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-2018-0584.
    (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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(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 A330-22-3264, dated March 14, 2018.
    (ii) Airbus A330/A340 Airplane Flight Manual Temporary Revision 
TR774, RNP AR Operations Forbidden with FMGEC Standard P5H3, Issue 
1, dated October 16, 2017.
    (3) For Airbus SAS service information identified in this AD, 
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France, 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 November 2, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-24685 Filed 12-11-18; 8:45 am]
 BILLING CODE 4910-13-P