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[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73340-73343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29713]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / 
Proposed Rules

[[Page 73340]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0150; Directorate Identifier 2011-NM-234-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. 
That supplemental notice of proposed rulemaking (SNPRM) proposed an 
inspection to determine if certain angle of attack (AOA) probes are 
installed, and replacement of any affected AOA probe. That SNPRM was 
prompted by reports of oil residue between the stator and the rotor 
parts of the position resolvers of the AOA vane, which was a result of 
incorrect removal of the machining oil during the manufacturing process 
of the AOA resolvers. This action revises that SNPRM by clarifying the 
affected parts. We are proposing this AD to prevent erroneous AOA 
information and consequent delayed or non-activation of the AOA 
protection systems which, during flight at a high angle of attack, 
could result in reduced control of the airplane. Since these actions 
impose an additional burden over that proposed in the SNPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: We must receive comments on this proposed AD by January 4, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. For Thales Avionics service information identified in 
this proposed AD, contact Thales Avionics, Retrofit Manager, 105, 
Avenue du G[eacute]n[eacute]ral Eisenhower, BP 63647, 31036 Toulouse 
Cedex 1, France; telephone +33 5 61 19 76 95; fax +33 5 61 19 68 20; 
email retrofit.ata@fr.thalesgroup.com; Internet http://www.thalesgroup.com/aerospace. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0150; 
Directorate Identifier 2011-NM-234-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier SNPRM for the 
specified products, which was published in the Federal Register on July 
11, 2012 (77 FR 40823). That earlier SNPRM proposed to require actions 
intended to address the unsafe condition for all Airbus Model A318, 
A319, A320, and A321 series airplanes.
    Since that SNPRM (77 FR 40823, July 11, 2012) was issued, we 
received further information from Airbus clarifying the affected parts 
subject to the unsafe condition.

Comments

    We gave the public the opportunity to comment on the previous SNPRM 
(77 FR 40823, July 11, 2012). The following presents the comments 
received on the previous SNPRM and the FAA's response to each comment.

Request To Include Other Service Information

    Airbus requested that we revise paragraph (g)(2) of the previous 
SNPRM (77 FR 40823, dated July 11, 2012) to include other service 
information that clarifies the affected parts. Airbus stated that 
paragraph (g)(2) of the previous SNPRM should read, ``If any probe is 
found having P/N C16291AB, on which * * * or AIRBUS Service Bulletin 
34-1444 [sic] Revision 00 dated October 07, 2009, has been incorporated 
* * * ''
    We agree with Airbus's request. We have revised paragraph (g)(2) of 
this

[[Page 73341]]

SNPRM to include replacement of an AOA probe, P/N C16291AB, on which 
Thales Avionics Service Bulletin C16291A-34-009, dated September 10, 
2009; or Airbus Service Bulletin A320-34-1444, dated October 7, 2009; 
has been accomplished. We have removed the reference to Thales Avionics 
Service Bulletin C16291A-34-007, Revision 01, dated December 3, 2009, 
from paragraph (g)(2) and (i)(2) of this SNPRM.
    We have also revised paragraphs (g)(1) and (i)(2) of this SNPRM to 
prevent replacement with an AOA probe on which Thales Avionics Service 
Bulletin C16291A-34-009, dated September 10, 2009; or Airbus Service 
Bulletin A320-34-1444, dated October 7, 2009; has been incorporated.

Request To Use Additional Service Information

    Airbus requested that we revise paragraph (i)(1) of the previous 
SNPRM (77 FR 40823, dated July 11, 2012) to include Thales Avionics 
Service Bulletin C16291A-34-007, Revision 01, dated December 3, 2009; 
and Thales Avionics Service Bulletin C16291A-34-007, Revision 02, dated 
December 16, 2011.
    We agree with Airbus's request. We have added the service 
information to paragraph (i) of this AD.

Request To Use the Airplane Maintenance Manual for Replacing the AOA 
Probes

    UAL requested that, in paragraph (g)(2) of the previous SNPRM (77 
FR 40823, dated July 11, 2012), the AOA probes be replaced using 
Airplane Maintenance Manual (AMM) 34-11-19 PB 401, for the corrective 
action.
    We partially agree with UAL's request. Although we do not agree to 
mandate the use of Task 34-11-19-000-001-A, Removal of the Angle of 
Attack Sensor, of the Airbus A318/A319/A320/A321 AMM, we do agree that 
this AMM task includes procedures for replacing the AOA probes. 
Therefore, we have added Note 1 to paragraph (g)(2) of this SNPRM, to 
specify that additional guidance for replacing the AOA probes may be 
found in Task 34-11-19-000-001-A, Removal of the Angle of Attack 
Sensor, of the Airbus A318/A319/A320/A321 AMM.

Request To Revise the Labor Rate

    United Airlines (UAL) requested that the ``Costs of Compliance'' 
section in the previous SNPRM (77 FR 40823, July 11, 2012) be updated 
to a new labor rate. UAL stated that the FAA's costs of compliance were 
estimated to take about 2 work-hours per product to comply with the 
basic requirements of the previous SNPRM, and that the average labor 
rate is $85 per work-hour. UAL stated that it agrees with the estimated 
work-hours, but it would like to provide an updated labor rate of $97 
per work-hour.
    We disagree with UAL's request to change the labor rate in this 
SNPRM. Our estimate of $85 per work-hour is the current burdened labor 
rate established for use by the FAA Office of Aviation Policy, Plans, 
and Management Analysis. The burdened labor rate includes the labor 
cost, overhead, administrative expenses, etc. Because the labor rate 
used in our calculations accounts for the variations in costs among 
those in the airline industry, we consider that $85 per work-hour is 
appropriate. No change to this SNPRM is necessary in this regard.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the earlier 
SNPRM (77 FR 40823, dated July 11, 2012). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 755 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $128,350, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $0, for a cost of 
$255 per product. We have no way of determining the number of products 
that may need these actions.

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.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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);
    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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 73342]]

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0150; Directorate Identifier 2011-NM-
234-AD.

(a) Comments Due Date

    We must receive comments by January 4, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, 
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 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 reports of oil residue between the 
stator and the rotor parts of the position resolvers of the angle of 
attack (AOA) vane, which was a result of incorrect removal of the 
machining oil during the manufacturing process of the AOA resolvers. 
We are issuing this AD to prevent erroneous AOA information and 
consequent delayed or non-activation of the AOA protection systems 
which, during flight at a high angle of attack, could result in 
reduced control of the airplane.

(f) Compliance

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

(g) Inspection

    Within 12 months after the effective date of this AD, except as 
provided by paragraph (h) of this AD: Do the inspections specified 
in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect to determine the part number (P/N) and serial number 
of each Thales Avionics AOA probe, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-34-1452, 
excluding Appendix 01, dated January 29, 2010. If any probe is found 
having P/N C16291AA and having a serial number listed in Thales 
Avionics Service Bulletin C16291A-34-007, Revision 03, dated April 
10, 2012: Within 12 months after the effective date of this AD, 
replace the AOA probe, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-34-1452, excluding 
Appendix 01, dated January 29, 2010, provided that Thales Avionics 
Service Bulletin C16291A-34-009, dated September 10, 2009; or Airbus 
Service Bulletin A320-34-1444, dated October 7, 2009; have not been 
accomplished. Thales Avionics Service Bulletin C16291A-34-009, dated 
September 10, 2009; and Airbus Service Bulletin A320-34-1444, dated 
October 7, 2009 (which are not incorporated by reference in this 
AD); cannot be used for the installation of AOA probes having P/N 
C16291AB. A review of airplane maintenance records is acceptable in 
lieu of this inspection if the part number and serial number of the 
installed AOA probes can be conclusively determined from that 
review.
    (2) Inspect to determine the part number and serial number of 
each Thales Avionics AOA probe, in accordance with paragraph 
3.C.(1)a of the Accomplishment Instructions of Airbus Service 
Bulletin A320-34-1452, excluding Appendix 01, dated January 29, 
2010. If any probe is found having P/N C16291AB, on which Thales 
Avionics Service Bulletin C16291A-34-009, dated September 10, 2009; 
or Airbus Service Bulletin A320-34-1444, dated October 7, 2009 
(which are not incorporated by reference in this AD); has been 
accomplished: Within 12 months after the effective date of this AD, 
replace the AOA probe, in accordance with a method approved by the 
Manager, International Branch, ANM-116, FAA, or European Aviation 
Safety Agency (EASA) (or its delegated agent). A review of airplane 
maintenance records is acceptable in lieu of the inspection 
specified in this paragraph if the part number of the installed AOA 
probes can be conclusively determined from that review.

    Note 1 to paragraph (g)(2) of this AD: Additional guidance for 
replacing the AOA probes may be found in Task 34-11-19-000-001-A, 
Removal of the Angle of Attack Sensor, of the Airbus A318/A319/A320/
A321 Aircraft Maintenance Manual, which is not incorporated by 
reference in this AD.

(h) Exception

    For any airplane on which Airbus modification 150006 
(installation of Thales Avionics AOA probes P/N C16291AB) or 
modification 26934 (installation of Goodrich AOA probes P/N 0861ED) 
has been embodied in production, and on which no AOA probe 
replacement has been made since first flight: The actions specified 
in paragraph (g) of this AD are not required.

(i) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install a 
Thales Avionics AOA probe, P/N C16291AA, having a serial number 
listed in Thales Avionics Service Bulletin C16291A-34-007, Revision 
03, dated April 10, 2012, on any airplane, unless that Thales 
Avionics probe has been inspected, re-identified, and tested, in 
accordance with the Accomplishment Instructions of the service 
information specified in paragraph (i)(1)(i), (i)(1)(ii), or 
(i)(1)(iii) of this AD.
    (i) Thales Avionics Service Bulletin C16291A-34-007, Revision 
03, dated April 10, 2012.
    (ii) Thales Avionics Service Bulletin C16291A-34-007, Revision 
02, dated December 16, 2011.
    (iii) Thales Avionics Service Bulletin C16291A-34-007, Revision 
01, dated December 3, 2009.
    (2) As of the effective date of this AD, no person may install a 
Thales Avionics AOA probe, P/N C16291AB, on which Thales Avionics 
Service Bulletin C16291A-34-009, dated September 10, 2009; or Airbus 
Service Bulletin A320-34-1444, dated October 7, 2009 (which is not 
incorporated by reference in this AD); has been incorporated.

(j) Other FAA AD Provisions

    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. 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 Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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. 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.

(k) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0203, dated October 13, 2011, and the service 
information specified in paragraphs (k)(1)(i) and (k)(1)(ii) of this 
AD, for related information.
    (i) Airbus Service Bulletin A320-34-1452, excluding Appendix 01, 
dated January 29, 2010.
    (ii) Thales Avionics Service Bulletin C16291A-34-007, Revision 
03, dated April 10, 2012.
    (2) For Airbus service information identified in this AD, 
contact Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; 
Internet http://www.airbus.com. For Thales Avionics service 
information identified in this AD, contact Thales Avionics, Retrofit 
Manager, 105,

[[Page 73343]]

Avenue du G[eacute]n[eacute]ral Eisenhower, BP 63647, 31036 Toulouse 
Cedex 1, France; telephone +33 5 61 19 76 95; fax +33 5 61 19 68 20; 
email retrofit.ata@fr.thalesgroup.com; Internet http://www.thalesgroup.com/aerospace. You may review copies of the 
referenced 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.

    Issued in Renton, Washington, on November 30, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-29713 Filed 12-7-12; 8:45 am]
BILLING CODE 4910-13-P
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