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[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]               
[Page 68698-68701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0675; Directorate Identifier 2010-NM-061-AD; 
Amendment 39-16501; AD 2010-23-12]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -223F, -243, and -243F Airplanes, Model A330-300 Series Airplanes, 
and Model A340-200, A340-300, A340-500, and A340-600 Series 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 the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

* * * * *
    Investigation conducted by Thales on * * * probes revealed oil 
residue between the stator and the rotor parts of the AoA [angle of 
attack] vane position resolvers. This oil residue was due to 
incorrect cleaning of the machining oil during the manufacturing 
process of the AoA resolvers. At low temperatures, this oil residue 
becomes viscous (typically in cruise) causing lag of AoA vane 
movement.
    Such condition could lead to discrepant AoA measurement. If not 
corrected, and if two or three AoA probes were simultaneously 
affected and provided wrong indications of the AoA to a similar 
extent, it could lead to a late activation of the angle of attack 
protection, which in combination with flight at high angle of attack 
would constitute an unsafe condition.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 14, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 14, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 7, 2010 (75 FR 
38947). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During Airbus Final Assembly Line reception flight tests, AoA 
[angle of attack] data from two different aeroplanes were found 
inaccurate. Inaccuracy was confirmed by flight data analysis.
    Investigation conducted by Thales on the removed probes revealed 
oil residue between the stator and the rotor parts of the AoA vane 
position resolvers. This oil residue was due to incorrect cleaning 
of the machining oil during the manufacturing process of the AoA 
resolvers. At low temperatures, this oil residue becomes viscous 
(typically in cruise) causing lag of AoA vane movement.
    Such condition could lead to discrepant AoA measurement. If not 
corrected, and if two or three AoA probes were simultaneously 
affected and provided wrong indications of the AoA to a similar 
extent, it could lead to a late activation of the angle of attack 
protection, which in combination with flight at high angle of attack 
would constitute an unsafe condition.
    Therefore, this [European Aviation Safety Agency (EASA)] AD 
requires a one time inspection of the Thales Avionics AoA probe P/N 
[part number] C16291AA in order to identify the suspect parts and to 
remove them from service.
    This [EASA] AD revision is issued to specify that the 
identification of the affected AoA probes is also possible in 
accordance with aeroplane maintenance records data analysis.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter supports the 
NPRM.

Airplane Models Certificated Since the NPRM Was Published

    In August 2010, after the NPRM was published, the FAA type-
certificated two new Airbus models: Models A330-223F and -243F, and we 
find that those models are also subject to the unsafe condition 
identified this AD action. We have added those models to the subject 
heading on page 1 and to paragraph (c)(1) of this AD. Since no 
airplanes of those models are presently on the U.S. Register, 
additional notice and opportunity for public comment on that topic 
before issuing this AD are unnecessary.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 44 products of U.S. 
registry. (There are currently no Model A340 airplanes on the U.S. 
Register.) We also estimate that it will take about 3 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $11,220, or $255 per 
product.

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.

[[Page 68699]]

    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 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 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); 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 and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, 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.

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 AD:

2010-23-12 Airbus: Amendment 39-16501. Docket No. FAA-2010-0675; 
Directorate Identifier 2010-NM-061-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Airbus 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, 
equipped with Thales Avionics angle of attack (AoA) probes having 
part number (P/N) C16291AA.
    (2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, A340-313, A340-541, and A340-642 airplanes, certificated in any 
category, all manufacturer serial numbers, equipped with Thales 
Avionics AoA probes having P/N C16291AA.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During Airbus Final Assembly Line reception flight tests, AoA 
data from two different aeroplanes were found inaccurate. Inaccuracy 
was confirmed by flight data analysis.
    Investigation conducted by Thales on the removed probes revealed 
oil residue between the stator and the rotor parts of the AoA vane 
position resolvers. This oil residue was due to incorrect cleaning 
of the machining oil during the manufacturing process of the AoA 
resolvers. At low temperatures, this oil residue becomes viscous 
(typically in cruise) causing lag of AoA vane movement.
    Such condition could lead to discrepant AoA measurement. If not 
corrected, and if two or three AoA probes were simultaneously 
affected and provided wrong indications of the AoA to a similar 
extent, it could lead to a late activation of the angle of attack 
protection, which in combination with flight at high angle of attack 
would constitute an unsafe condition.
    Therefore, this [European Aviation Safety Agency (EASA)] AD 
requires a one time inspection of the Thales Avionics AoA probe P/N 
C16291AA in order to identify the suspect parts and to remove them 
from service.
    This [EASA] AD revision is issued to specify that the 
identification of the affected AoA probes is also possible in 
accordance with aeroplane maintenance records data analysis.

Compliance

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

Inspection of AoA Probes

    (g) Within 3 months after the effective date of this AD, perform 
a detailed visual inspection of the Thales Avionics AoA probes 
having P/N C16291AA for a serial number identification, in 
accordance with the Accomplishment Instructions of the applicable 
service information identified in Table 1 of this AD. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the serial number of the AoA probe can be conclusively 
determined from that review. If no AoA probe having P/N C16291AA and 
a serial number identified in Thales Service Bulletin C16291A-34-
007, Revision 01, dated December 3, 2009, is identified during the 
inspection required by this paragraph of this AD, no further action 
is required by this AD, except for paragraph (i) of this AD.

                                     Table 1--Applicable Service Information
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                  Model                               Document                              Date
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Model A330-200 and A330-300 series        Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A330-34-3232.
Model A340-200 and A340-300 series        Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A340-34-4239.
Model A340-500 and A340-600 series        Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A340-34-5072.
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Replacement of Identified AoA Probes

    (h) If the serial number of the AoA probe identified during the 
inspection required by paragraph (g) of this AD corresponds to a 
suspect AoA probe specified in Thales Service Bulletin C16291A-34-
007, Revision 01, dated December 3, 2009: At the applicable time 
specified in paragraph (h)(1) or (h)(2) of this AD, replace the 
affected AoA

[[Page 68700]]

probe with a serviceable AoA probe in accordance with one of the 
four options specified in and in accordance with the Accomplishment 
Instructions of the applicable service bulletin specified in Table 1 
of this AD.
    (1) For airplanes on which Airbus Modification 53368 (back-up 
speed scale) has been embodied in production or Airbus Service 
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or 
Airbus Service Bulletin A340-34-5060, as applicable, has been 
embodied in service: Within 3 months after the effective date of 
this AD.
    (2) For airplanes on which Airbus Modification 53368 (back-up 
speed scale) has not been embodied in production and Airbus Service 
Bulletin A330-34-3213, Airbus Service Bulletin A340-34-4213, or 
Airbus Service Bulletin A340-34-5060, as applicable, has not been 
embodied in service: Within 15 months after the effective date of 
this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install, 
on any airplane, a Thales Avionics AoA probe having P/N C16291AA and 
a serial number identified in Thales Service Bulletin C16291A-34-
007, Revision 01, dated December 3, 2009, unless the AoA is fitted 
with an inspection label stating that Thales Service Bulletin 
C16291A-34-007, Revision 01, dated December 3, 2009, has been 
accomplished.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: EASA Airworthiness Directive 2010-0016R1, dated February 
9, 2010, does not include Models A330-223F and A330-243F. We find 
that those models need to be included in this AD action, and have 
coordinated this difference with EASA and Airbus.

Other FAA AD Provisions

    (j) 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. Send information to ATTN: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0016R1, 
dated February 9, 2010, and the service information identified in 
Table 2 of this AD, for related information.

                                      Table 2--Related Service Information
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                     Document                              Revision                          Date
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Airbus Mandatory Service Bulletin A330-34-3232...  Original................  January 20, 2010.
Airbus Mandatory Service Bulletin A340-34-4239...  Original................  January 20, 2010.
Airbus Mandatory Service Bulletin A340-34-5072...  Original................  January 20, 2010.
Thales Service Bulletin C16291A-34-007...........  Revision 01.............  December 3, 2009.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (l) You must use the service information contained in Table 3 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Airbus 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; e-mail airworthiness.A330-A340@airbus.com; 
Internet http://www.airbus.com. For Thales Avionics service 
information identified in this AD, contact Thales--Aerospace 
Division, 105, avenue du General Eisenhower--BP 63647, 31036 
Toulouse Cedex 1, France; telephone +33 (0)5 61 19 65 00; fax +33 
(0)5 61 19 66 00; Internet http://www.thalesgroup.com/aerospace.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

                                   Table 3--Material Incorporated by Reference
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                     Document                              Revision                          Date
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Airbus Mandatory Service Bulletin A330-34-3232,    Original................  January 20, 2010.
 excluding Appendix 01.
Airbus Mandatory Service Bulletin A340-34-4239,    Original................  January 20, 2010.
 excluding Appendix 01.
Airbus Mandatory Service Bulletin A340-34-5072,    Original................  January 20, 2010.
 excluding Appendix 01.
Thales Service Bulletin C16291A-34-007...........  Revision 01.............  December 3, 2009.
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[[Page 68701]]

    Issued in Renton, Washington, on October 22, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28087 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-13-P
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