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[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Proposed Rules]
[Pages 40823-40826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16970]

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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 series airplanes, Airbus Model A319 
series airplanes, Airbus Model A320 series airplanes, and Airbus Model 
A321 series airplanes. That NPRM proposed an inspection to determine if 
certain angle of attack (AOA) probes are installed, and replacing the 
affected AOA probe if necessary. That NPRM 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 NPRM by including an inspection to 
determine if certain other AOA probes are installed, and replacing the 
affected probes. 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 NPRM, 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 August 27, 2012.

[[Page 40824]]

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, Washington. 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 NPRM for the 
specified products, which was published in the Federal Register on 
February 23, 2012 (77 FR 10693). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM (77 FR 10693, February 23, 2012) was issued, we 
have determined that certain other AOA probes need to be inspected in 
order to address the identified unsafe condition.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(77 FR 10693, February 23, 2012). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Request To Include Other AOA Probes

    Airbus stated that certain Thales AOA probes, part number (P/N) 
C16291AB, have been modified in accordance with Thales Avionics Service 
Bulletin C16291A-34-007, August 27, 2009, without incorporating Thales 
Avionics Service Bulletin C16291A-34-007, Revision 01, dated December 
3, 2009. We infer that Airbus is requesting that we change the previous 
NPRM (77 FR 10693, February 23, 2012) to include an inspection of those 
AOA probes.
    We agree with Airbus' request. The AOA probes may have the same 
unsafe condition found in AOA probe P/N C16291AA. We have determined 
that those discrepant AOA probes, P/N C16291AB, must also be replaced. 
We have added new paragraph (g)(2) of this supplemental NPRM to address 
the identified unsafe condition on those AOA probes.

Request To Refer to the Latest Service Information

    Airbus and United Airlines requested that the previous NPRM (77 FR 
10693, February 23, 2012) reference Thales Avionics Service Bulletin 
C16291A-34-007, Revision 02, dated December 16, 2011, as a means of 
compliance.
    We agree to refer to the latest revision of this service 
information. Thales Avionics has issued Service Bulletin C16291A-34-
007, Revision 03, dated April 10, 2012. We have revised this 
supplemental NPRM accordingly.

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 
NPRM (77 FR 10693, February 23, 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.

[[Page 40825]]

    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:

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 August 27, 2012.

(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 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. 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, Revision 1, dated January 
7, 2010, has been incorporated, and on which Thales Avionics Service 
Bulletin C16291A-34-007, Revision 01, dated December 3, 2009, has 
not been incorporated: 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 EASA (or its 
delegated agent). A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number of the 
installed AOA probes can be conclusively determined from that 
review.

(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 Thales Avionics 
Service Bulletin C16291A-34-007, Revision 03, dated April 10, 2012.
    (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, has been 
incorporated, and on which Thales Avionics Service Bulletin C16291A-
34-007, Revision 01, dated December 3, 2009, has not 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.

[[Page 40826]]

    (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, 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 July 5, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-16970 Filed 7-10-12; 8:45 am]
BILLING CODE 4910-13-P
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