1 [Federal Register: February 18, 2009 (Volume 74, Number 31)] [Rules and Regulations] [Page 7549-7552] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18fe09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0122; Directorate Id entifier 2008-NM-223-AD; Amendment 39-15813; AD 2009-04-07]

RIN 2120-AA64

Airworthiness Directives; Air bus Model A330-200 and -300 Seri es Airplanes, and Airbus Model A340-200, -300, -500, and -600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness direct ive (AD) for the products listed above. This AD results from mandatory continuing airworthine ss information (MCAI) orig inated by an aviation authority of another country to identify and corre ct an unsafe condition on an aviation product. The

MCAI describes the unsafe condition as:

An A330 aircraft experienced a sudden [unc ommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of

the ''NAV IR1 FAULT'' Electr onic Centralised Aircraft Monitor (ECAM) Caution.

Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference Unit] was providi ng erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Di splay (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control co mputers commanded a sudden nos e down aircraft movement,

which constitutes an unsafe condition. * * * * * * * *

These anomalies could result in hi gh pilot workload, deviation from the intended flight path, and possible loss of control of the airplane. This AD requires actions that are intended to address the

unsafe condition described in the MCAI.2 DATES: This AD becomes effective March 5, 2009.

The Director of the Federal Register approved the incorpor ation by reference of certain publications, listed in th e AD as of March 5, 2009. We must receive comments on this AD by March 20, 2009.

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 Transporta tion, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue , SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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. an d 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, a ny comments received, and

other information. The street addr ess for the Docket Operations office (telephone (800) 647-5527) is

in the ADDRESSES section. Comments will be av ailable in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airwor thiness Directive 2009- 0012-E, dated January 15, 2009 (referred to after this as ''the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

An A330 aircraft experienced a sudden [unc ommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of

the ''NAV IR1 FAULT'' Electr onic Centralised Aircraft Monitor (ECAM) Caution.

Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference Unit] was providi ng erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Di splay (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control computers co mmanded a sudden [uncommanded] nose down aircraft movement, which constitutes an unsafe condition. At this stage of the investigation, the analysis of available data indicates that ADIRU1 abnormal behaviour is likely at the origin of the event. Due to sim ilar design, the A340 aircraft are also impacted by this issue.3 In order to prevent the ADR from providing e rroneous data to other aircraft systems, EASA [Emergency] AD 2008-0203-E [dated Nove mber 19, 2008] was issued to require, in case faulty Inertial Reference (IR) is detected, to isolate both the IR and ADR by accomplishment of a modified Aircraft F light Manual (AFM) ope rational procedure.

Since that AD [EASA AD 2008-0203-E, dated November 19, 2008] was issued, it has been reported that the ''OFF'' light did not il luminate in the cockpit after setting the IR and ADR pushbuttons to OFF. Investigation has determined that the ADIRU was indeed sometimes affected by another failure control.

To prevent such a failure, the operational pr ocedure has been update d to instruct the flight crew to de-energize the ADIRU if the ''OFF'' light is not illuminated after setting the IR and ADR pushbuttons to OFF. C onsequently, [EASA Emergency] AD 2008-0225- E [dated December 18, 2008], which supe rseded [EASA Emergency] AD 2008-0203-E [dated November 19, 2008], requires accomplis hment of the updated AFM operational procedure.

Since this second AD was issued [EASA Emergency AD 2008-0225-E, dated December 18, 2008], a new service event has been reported highlighting that, in some failure cases, even though the ''OFF'' light illuminates in the cockpit after se tting the IR and ADR pushbuttons to OFF, the IR could keep pr oviding erroneous data to other systems.

In order to address all identified failure cases , de-energizing the affected ADIRU must be done by setting the IR mode rotary selector to OFF. Consequently, this AD, which supersedes AD 2008-0225-E [dated December 1 8, 2008], requires accomplishment of the updated AFM operational procedure.

The anomalies described above could result in high pilot workload, de viation from the intended flight path, and possible loss of control of the airplane. You may obtain further information by examining

the MCAI in the AD docket.

Relevant Service Information

Airbus has issued A330 Temporary Revision 4.02.00/46, Issue 3, dated January 13, 2009, to the A330 (Airbus) Flight Manual; and A340 Temporar y Revision 4.02.00/54, Issue 3, dated January 13, 2009, to the A340 (Airbus) Flight Manual. The actions described in this service information are

intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

This product has been approved by the aviation au thority of another country, and is approved for operation in the United States. Pursuant to our bila teral agreement with the State of Design Authority,

we have been notified of the unsafe condition de scribed in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and

determined the unsafe condition exists and is likely to exist or deve lop on other products of the same type design.

Differences Between the AD and th e MCAI or Service Information

We have reviewed the MCAI and related servic e 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 not4 intend to differ substantively from the informa tion provided in the MCAI and related service

information. We might also have required di fferent actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences ar e highlighted in a Note within the AD.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the i mmediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule to prevent the ADR from providing erroneous data to ot her aircraft systems, which could result in high pilot workload, deviation from the intended flight path, and possible lo ss of control of the airplane. Therefore, we determined that no tice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirement s affecting flight safet y, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your co mments to an address listed under the ADDRESSES section. Include ''Docket No. FAA-2009-0122; Dire ctorate Identifier 2008- NM-223-AD'' at the beginning of your comments. We specifically invi te comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, withoutchange, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive

verbal contact we re ceive about this AD.

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 safe ty 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 dist ribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify this AD: 1. Is not a ''significant regulator y action'' under Executive Order 12866; 2. Is not a ''significant rule'' under the DOT Re gulatory 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.5 We prepared a regulatory evaluation of the estimat ed costs to comply with this AD and placed it

in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safe ty, 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

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The FAA amends § 39.13 by adding the following new AD:6 

### FAA

Aircraft Certification Service 

## AIRWORTHINESS DIRECTIVE

www.faa.gov/aircraft/safety/alerts/ www.gpoaccess.gov/fr/advanced.html

2009-04-07 Airbus: Amendment 39-15813. Docket No. FAA- 2009-0122; Directorate Identifier

2008-NM-223-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective March 5, 2009.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Airbus Model A 330-200 and -300; and A340-200, -300, -500, and -600 series airplanes, certificated in any category, as listed in paragra phs (c)(1) and (c)(2) of this AD. (1) A330-201, -202, -203, -223, -243, -301, -30 2, -303, -321, -322, -323, -341, -342, and -343 airplanes, all serial numbers, equipped with Nort hrop-Grumman (formerly Litton) Air Data Inertial Reference Units (ADIRUs), part number (P/N) 465020-0303-03ZZ (with ZZ from 09 up to 16 inclusive). (2) A340-211, -212, -213, -311, -312, -313, -54 1, and -642 airplanes, all serial numbers, equipped with Northrop-Grumman (formerly Litton) ADIRUs, P/N 465020-0303-03ZZ (with ZZ from 09 up to 16 inclusive).

Subject

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

Reason

(e) The mandatory continued airworthiness information (MCAI) states:

An A330 aircraft experienced a sudden [unc ommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of

the ''NAV IR1 FAULT'' Electr onic Centralised Aircraft Monitor (ECAM) Caution.

Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference Unit] was providi ng erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Di splay (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control computers co mmanded a sudden [uncommanded] nose down aircraft movement, which constitutes an unsafe condition. At this stage of the investigation, the analysis of available data indicates that ADIRU1 abnormal behaviour is7 likely at the origin of the event. Due to sim ilar design, the A340 aircraft are also impacted by this issue.

In order to prevent the ADR from providing e rroneous data to other aircraft systems, EASA [Emergency] AD 2008-0203-E [dated Nove mber 19, 2008] was issued to require, in case faulty Inertial Reference (IR) is detected, to isolate both the IR and ADR by accomplishment of a modified Aircraft F light Manual (AFM) ope rational procedure.

Since that AD [EASA AD 2008-0203-E, dated November 19, 2008] was issued, it has been reported that the ''OFF'' light did not il luminate in the cockpit after setting the IR and ADR pushbuttons to OFF. Investigation has determined that the ADIRU was indeed sometimes affected by another failure control.

To prevent such a failure, the operational pr ocedure has been update d to instruct the flight crew to de-energize the ADIRU if the ''OFF'' light is not illuminated after setting the IR and ADR pushbuttons to OFF. C onsequently, [EASA Emergency] AD 2008-0225- E [dated December 18, 2008], which supe rseded [EASA Emergency] AD 2008-0203-E [dated November 19, 2008], requires accomplis hment of the updated AFM operational procedure.

Since this second AD was issued [EASA Emergency AD 2008-0225-E, dated December 18, 2008], a new service event has been reported highlighting that, in some failure cases, even though the ''OFF'' light illuminates in the cockpit after se tting the IR and ADR pushbuttons to OFF, the IR could keep pr oviding erroneous data to other systems.

In order to address all identified failure cases , de-energizing the affected ADIRU must be done by setting the IR mode rotary selector to OFF. Consequently, this AD, which supersedes AD 2008-0225-E [dated December 1 8, 2008], requires accomplishment of the updated AFM operational procedure.

The anomalies described above could result in high pilot workload, de viation from the intended flight path, and possible loss of control of the airplane.

Actions and Compliance

(f) Unless already done: Within 14 da ys after the effective date of this AD, revise the applicable section of the A330 or A340 (Air bus) Flight Manual (FM) by inse rting a copy of A330 (Airbus) Temporary Revision (TR) 4.02.00/46, or A340 (A irbus) TR 4.02.00/54, both Issue 3, both dated January 13, 2009, as applicable. Ther eafter, operate the airplane according to the limitations and procedures in the TRs. When information identical to that in the TR has been included in the general revisions of the FM, the general revisions may be inserted in the FM, and the TR may be removed.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

(g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manage r, International Branch, ANM116, Transport Airplane Directorat e, 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: Vladimir8 Ulyanov, Aerospace Engineer, International Branc h, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washingt on 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 av ionics inspector (PAI), as appropriate, or lacking a princi pal inspector, your local Flight Standards District Office. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, us e these actions if they are FAA- approved. Corrective actions are considered FAA-approved if they are approved by th e State of Design Author ity (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: Fo r any reporting requirement in th is AD, under the provisions of the Paperwork Reduction Act, the Office of Ma nagement and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056.

Related Information

(h) Refer to MCAI European Aviation Safety Agency Emergency Airworthiness Directive 2009- 0012-E, dated January 15, 2009; A330 (Airbus) TR 4.02.00/46, Issue 3, dated January 13, 2009; and A340 (Airbus) TR 4.02.00/54, Issue 3, dated Janu ary 13, 2009; for related information.

Material Incorporated by Reference

(i) You must use A330 (Airbus) Temporar y Revision 4.02.00/46, Issue 3, dated January 13, 2009, to the A330 (Airbus) Flight Manual; or A 340 (Airbus) Temporary Revision 4.02.00/54, Issue 3, dated January 13, 2009, to the A340 (Airbus) Fli ght Manual; as applicab le; to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approve d the incorporation by refe rence of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Airbus SA S–Airworthiness Office– EAL, 1 Rond Point Maurice Bellonte, 31707 Blagn ac Cedex, France; fax +33 5 61 93 45 80; e-mail airworthiness.A330-A340@airbus.com; Internet http://www.airbus.com. (3) You may review copies of the service inform ation that is incorporat ed by reference at the FAA, Transport Airplane Direct orate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of th is material at the FAA, call 425-227-1221 or 425-227-1152. (4) You may also review copies of the service information at the National Archives and Records Administration (NARA). For information on the availa bility of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_ register/code_of_feder al_regulations/ibr_

locations.html.

Issued in Renton, Washington, on January 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate,

Aircraft Certification Service.