[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71351-71353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26791]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19816; Directorate Identifier 2004-NM-231-AD; 
Amendment 39-13895; AD 2004-25-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A330 and A340 series airplanes. This AD requires 
regularly performing a complete electrical shutdown of the airplane to 
reset the integrated standby instrument system (ISIS). This AD also 
provides an optional terminating action. This AD is prompted by reports 
indicating that an airplane lost the ISIS, then, during the same 
flight, lost all electronic instrument system (EIS) display units. We 
are issuing this AD to prevent loss of the ISIS, which, if combined 
with loss of all EIS display units, could reduce the flightcrew's 
situational awareness and contribute to loss of control of the airplane 
or impact with obstacles or terrain.

DATES: Effective December 27, 2004.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
December 27, 2004.
    We must receive comments on this AD by February 7, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You can 
examine this information 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/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2004-19816; the directorate identifier for this docket is 
2004-NM-231-AD.

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: Technical information: Tim Backman, 
Aerospace Engineer, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2797; fax (425) 227-1149.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#89e4e8fbeae0e8a7fee8e5fdecfbfac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="a0cdc1d2c3c9c18ed7c1ccd4c5d2d3e0c6c1c18ec7cfd6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on certain Airbus Model A330 and 
A340

[[Page 71352]]

series airplanes. The DGAC advises that an Airbus Model A340 series 
airplane lost the integrated standby instrument system (ISIS). During 
the same flight, all electronic instrument system (EIS) display units 
were also lost. Investigation revealed that the ISIS failure is caused 
by a time-counter fault that occurs after 145 hours of continuous power 
supply to the ISIS. Loss of the ISIS, if combined with loss of all EIS 
display units, could reduce the flightcrew's situational awareness and 
contribute to loss of control of the airplane or impact with obstacles 
or terrain.
    The subject ISIS on certain Airbus Model A340 series airplanes is 
also installed on certain Airbus Model A330 series airplanes. 
Therefore, airplanes of both of these models may be subject to the 
identified unsafe condition.

Relevant Service Information

    Airbus has issued Service Bulletins A330-34-3141 (for Airbus Model 
A330 series airplanes), A340-34-4145 (for Airbus Model A340-200 and -
300 series airplanes), and A340-34-5016 (for Airbus Model A340-541 and 
-642 airplanes); all dated June 8, 2004. The service bulletins describe 
procedures for replacing the ISIS with an improved ISIS, which 
eliminates the need to regularly reset the ISIS. The actions specified 
in the service information, if accomplished, are intended to adequately 
address the unsafe condition.
    Airbus Service Bulletins A330-34-3141, A340-34-4145, and A340-34-
5016 refer to Thales Service Bulletin C16221D-34-002 as an additional 
source of service information.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. According to this 
bilateral airworthiness agreement, the DGAC has kept us informed of the 
situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent loss of the ISIS, 
which, if combined with loss of all EIS display units, could reduce the 
flightcrew's situational awareness and contribute to loss of control of 
the airplane or impact with obstacles or terrain. This AD requires 
regularly performing a complete electrical shutdown of the airplane to 
reset the ISIS. This AD also provides an option for replacing the 
existing ISIS with an improved ISIS, which constitutes terminating 
action for the requirement to regularly perform a complete electrical 
shutdown.

Differences Between the AD and French Emergency Airworthiness Directive

    This AD differs from the French emergency airworthiness directive 
in that this AD does not allow resetting the circuit breaker as a means 
of resetting the ISIS. This AD instead requires a complete electrical 
shutdown of the airplane, which the French emergency airworthiness 
directive provides as an alternative means of resetting the ISIS. The 
decision to not allow resetting the circuit breaker is based on FAA 
policy that pulling circuit breakers is not an acceptable means of 
routinely removing electrical power from airplane systems. This policy 
is based on the fact that use of a circuit breaker as a switch will 
degrade the ability of the circuit breaker to trip at its rated current 
trip point.
    The applicability of French Emergency Airworthiness Directive UF-
2004-167 excludes airplanes that accomplished Airbus Service Bulletin 
A330-34-3141, A340-34-4145, or A340-34-5016 in service. However, we 
have not excluded those airplanes in the applicability of this AD. 
Rather, this AD specifies that accomplishing the applicable service 
bulletin is an optional terminating action for the requirement to 
regularly reset the ISIS. This requirement ensures that the actions 
specified in this AD are accomplished on all affected airplanes.

Interim Action

    We consider this AD interim action. We are currently considering 
requiring the optional terminating action specified in this AD, which 
eliminates the need to regularly perform a complete electrical shutdown 
of the airplane. However, the planned compliance time for this 
installation would allow enough time to provide notice and opportunity 
for public comment on the merits of the modification.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19816; 
Directorate Identifier 2004-NM-231-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications with you. You can get more information about plain 
language at http://www/faa.gov/language and http://www.plainlanguage.gov.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged 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

[[Page 71353]]

because it addresses an unsafe condition that is likely to exist or 
develop on products identified in this AD.

Regulatory Findings

    We have 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 the 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); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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):

2004-25-07 Airbus: Amendment 39-13895. Docket No. FAA-2004-19816; 
Directorate Identifier 2004-NM-231-AD.

Effective Date

    (a) This AD becomes effective December 27, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330 and A340 series 
airplanes, certificated in any category; on which Airbus 
Modification 47244 (reference Airbus Service Bulletin A330-34-3120 
or A340-34-4138) has been done, and on which Airbus Modification 
52423 has not been done.

Unsafe Condition

    (d) This AD was prompted by a report indicating that an airplane 
lost the integrated standby instrument system (ISIS), then, during 
the same flight, lost all electronic instrument system (EIS) display 
units. The FAA is issuing this AD to prevent loss of the ISIS, 
which, if combined with loss of all EIS display units, could reduce 
the flightcrew's situational awareness and contribute to loss of 
control of the airplane or impact with obstacles or terrain.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirement for Complete Electrical Shutdown

    (f) Within 3 days after the effective date of this AD, or within 
5 days after the last ISIS reset or complete electrical shutdown of 
the airplane, whichever is first, perform a complete electrical 
shutdown of the airplane to reset the ISIS. Repeat the electrical 
shutdown of the airplane at intervals not to exceed 5 days, until 
the actions in paragraph (g) of this AD are done.

    Note 1: This AD does not allow resetting the circuit breaker as 
a means of resetting the ISIS.

Optional Terminating Action

    (g) Replacing the existing ISIS, part number (P/N) C16221DB04, 
with an improved ISIS, P/N C16221WA01, in accordance with Airbus 
Service Bulletin A330-34-3141 (for Airbus Model A330 series 
airplanes), A340-34-4145 (for Airbus Model A340-200 and -300 series 
airplanes), or A340-34-5016 (for Airbus Model A340-541 and -642 
airplanes); all dated June 8, 2004; as applicable; terminates the 
requirements of paragraph (f) of this AD.

    Note 2: Airbus Service Bulletins A330-34-3141, A340-34-4145, and 
A340-34-5016 refer to Thales Service Bulletin C16221D-34-002 as an 
additional source of service information.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (i) French Emergency Airworthiness Directive UF-2004-167, dated 
October 19, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) If the optional terminating action in paragraph (g) of this 
AD is accomplished, you must use Airbus Service Bulletin A330-34-
3141, dated June 8, 2004; Airbus Service Bulletin A340-34-4145, 
dated June 8, 2004; or Airbus Service Bulletin A340-34-5016, dated 
June 8, 2004; as applicable; to perform the actions that are 
specified in paragraph (g) of this AD. The Director of the Federal 
Register approves the incorporation by reference of these document 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of 
the service information, contact Airbus, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France. You can review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC; or 
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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26791 Filed 12-8-04; 8:45 am]
BILLING CODE 4910-13-P


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