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[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Proposed Rules]
[Pages 25666-25669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10361]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0360; Directorate Identifier 2013-NM-033-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to all Airbus Model A318, A319, A320, and A321 series 
airplanes. The existing AD currently requires revising the airplane 
flight manual (AFM) to advise the flightcrew of emergency procedures 
for addressing angle of attack (AoA) sensor blockage. The existing AD 
also provides for optional terminating action for the AFM revision, 
which involves replacing AoA sensor conic plates with AoA sensor flat 
plates. Since we issued that AD, we have determined that the 
replacement of AoA sensor conic plates is necessary to address the 
identified unsafe condition. This proposed AD would mandate the 
installation of AoA sensor flat plates and removal of the AFM revision. 
We are proposing this AD to prevent reduced control of the airplane.

DATES: We must receive comments on this proposed AD by June 17, 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--EIAS, 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. 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

[[Page 25667]]

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, WA 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-2013-0360; 
Directorate Identifier 2013-NM-033-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

    On December 27, 2012, we issued AD 2012-26-51, Amendment 39-17312 
(78 FR 1723, January 9, 2013). That AD required actions intended to 
address an unsafe condition on all Airbus Model A318, A319, A320, and 
A321 series airplanes.
    Since we issued AD 2012-26-51, Amendment 39-17312 (78 FR 1723, 
January 9, 2013), we have determined that the replacement of the AoA 
sensor conic plates with flat plates is necessary to address the 
identified unsafe condition. The European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2013-0022, 
dated February 1, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    Recently, an Airbus A330 aeroplane equipped with Angle of Attack 
(AoA) sensors with conic plates installed, experienced blockage of 
all sensors during climb, leading to autopilot disconnection and 
activation of the alpha protection (Alpha Prot) when Mach number was 
increased.
    Based on the results of the subsequent analysis, it is suspected 
that these conic plates may have contributed to the event. 
Investigations are on-going to determine what caused the blockage of 
these AoA sensors.
    Blockage of two or three AoA sensors at the same angle may cause 
the Alpha Prot of the normal law to activate. Under normal flight 
conditions (in normal law), if the Alpha Prot activates and Mach 
number increases, the flight control laws order a pitch down of the 
aeroplane that the flight crew may be unable to counteract with a 
side stick deflection, even in the full backward position.
    This condition, if not corrected, could result in reduced 
control of the aeroplane.
    AoA conic plates of similar design are also installed on A320 
family aeroplanes, and installation of these AoA sensor conic plates 
was required by EASA AD 2012-0236, making reference to Airbus 
Service Bulletin (SB) A320-34-1521 for in-service modification.
    That requirement was deleted by EASA AD 2012-0236R1.
    To address this potential unsafe condition on A320 family 
aeroplanes, Airbus developed an ``AOA Blocked'' emergency procedure, 
published as a temporary revision (TR) of the Airplane Flight Manual 
(AFM), to ensure that flight crews, in case of AoA sensors blockage, 
apply the applicable emergency procedure.
    Consequently, EASA issued Emergency AD 2012-0264-E [which 
corresponds to FAA AD 2012-26-51, Amendment 39-17312 (78 FR 1723, 
January 9, 2013)] to require amendment of the AFM by incorporating 
the Airbus TR.
    Since that [EASA] AD was issued, Airbus published approved 
instructions to re-install AoA sensor flat plates on A320 family 
aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0264-E which is superseded, and 
requires installation of AoA sensor flat plates, after which the AFM 
operational procedure can be removed.

    You may obtain further information by examining the MCAI in the AD 
docket.
    In AD 2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), 
we determined that the AFM operational procedure specified in Airbus 
A318/A319/A320/A321 Temporary Revision TR286, Issue 1.0, dated December 
17, 2012, mitigates risks associated with installation of conic plates. 
This proposed AD would require installation of flat plates to address 
the identified unsafe condition. After analysis of the safety benefit 
of the AFM operational procedure, we determined that the previously 
mandated AFM operational procedure must be removed after replacement of 
the conic plates with flat plates.
    Paragraph (h) of AD 2012-26-51, Amendment 39-17312 (78 FR 1723, 
January 9, 2013), only specifies that Airbus A318/A319/A320/A321 
Temporary Revision TR286, Issue 1.0, dated December 17, 2012, may be 
removed after accomplishing the modification (installation of flat 
plates). Therefore, we have revised paragraph (h) of this proposed AD 
to require that after the modification for an airplane has been done, 
Airbus A318/A319/A320/A321 Temporary Revision TR286, Issue 1.0, dated 
December 17, 2012, must be removed before further flight. For airplanes 
on which the modification has already been done, we have allowed a 
compliance time of ``within 5 days after the effective date of this 
AD'' for accomplishing the removal.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-34-1564, 
including Appendix 01, dated January 25, 2013. 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 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 100 products of U.S. registry.
    The actions that are required by AD 2012-26-51, Amendment 39-17312 
(78 FR 1723, January 9, 2013), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Based on these figures, the estimated cost of the currently 
required actions is $85 per product.
    We estimate that it would take about 7 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. We have received no definitive data 
that would enable us to provide part cost estimates. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of the

[[Page 25668]]

proposed AD on U.S. operators to be $59,500, or $595 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.
    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

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 removing airworthiness directive (AD) 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), and 
adding the following new AD:

Airbus: Docket No. FAA-2013-0360; Directorate Identifier 2013-NM-
033-AD.

(a) Comments Due Date

    We must receive comments by June 17, 2013.

(b) Affected ADs

    This AD supersedes AD 2012-26-51, Amendment 39-17312 (78 FR 
1723, January 9, 2013).

(c) Applicability

    This AD applies to the Airbus airplanes listed in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, all 
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that replacement of 
angle of attack (AoA) sensor conic plates is necessary to address 
the identified unsafe condition. We are issuing this AD to prevent 
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) Retained Airplane Flight Manual Revision With New Exception

    This paragraph restates the requirements of paragraph (g) of AD 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), with a 
new exception. Except as specified in paragraph (k) of this AD, for 
airplanes on which an AoA sensor conic plate is installed in 
production by Airbus modification 153213 or 153214, or in-service as 
specified in Airbus Mandatory Service Bulletin A320-34-1521, dated 
May 7, 2012; or Revision 01, dated September 12, 2012: Within 5 days 
after January 24, 2013 (the effective date of AD 2012-26-51), revise 
the Emergency Procedures of the Airbus A318/A319/A320/A321 Airplane 
Flight Manual (AFM) by inserting Airbus A318/A319/A320/A321 
Temporary Revision (TR) TR286, Issue 1.0, dated December 17, 2012, 
to advise the flightcrew of emergency procedures for addressing AoA 
sensor blockage. When the information in Airbus A318/A319/A320/A321 
Temporary Revision TR286, Issue 1.0, dated December 17, 2012, is 
included in the general revisions of the AFM, the general revisions 
may be inserted in the AFM, and the TR may be removed. 
Accomplishment of the new flat plate installation required by 
paragraph (j) of this AD terminates the actions required by this 
paragraph; and after the installation of new flat plates has been 
done, Airbus A318/A319/A320/A321 Temporary Revision TR286, Issue 
1.0, dated December 17, 2012, must be removed from the AFM before 
further flight.

(h) Retained Optional Terminating Action With Revised TR Removal 
Requirement

    This paragraph restates the requirements of paragraph (h) of AD 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013), with a 
revised TR removal requirement. Modification of an airplane by 
replacing AoA sensor conic plates with AoA sensor flat plates, in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, constitutes 
terminating action for the AFM revision required by paragraph (g) of 
this AD; and after the modification has been done, Airbus A318/A319/
A320/A321 Temporary Revision TR286, Issue 1.0, dated December 17, 
2012, must be removed from the AFM before further flight, except for 
airplanes on which the modification has been done before the 
effective date of this AD. For airplanes on which the modification 
has been done before the effective date of this AD, Airbus A318/
A319/A320/A321 Temporary Revision TR286, Issue 1.0, dated December 
17, 2012, must be removed from the AFM within 5 days after the 
effective date of this AD. Accomplishment of the actions required by 
paragraphs (j) and (l) of this AD terminate the actions specified in 
this paragraph.

(i) Retained Parts Installation Prohibition

    This paragraph restates the requirements of paragraph (i) of AD 
2012-26-51, Amendment 39-17312 (78 FR 1723, January 9, 2013). As of 
January 24, 2013 (the effective date of AD 2012-26-51), no person 
may install an AoA sensor conic plate in service using Airbus 
Mandatory Service Bulletin A320-34-1521, dated May 7, 2012; or 
Revision 01, dated September 12, 2012; on any airplane.

(j) New Flat Plate Installation

    Within 5 months after the effective date of this AD, remove all 
AoA sensor conic plates having part number (P/N) F3411060200000 or 
P/N F3411060900000 and install AoA sensor flat plates having part 
numbers specified in paragraph (j)(1) or (j)(2) of this AD, except 
as specified in paragraph (k) of this AD. Install the AoA sensor 
plates in accordance with the applicable method specified in 
paragraph (j)(1) or (j)(2) of this AD. Accomplishment of the AoA 
sensor flat plate installation terminates the AFM revision required 
by paragraph (g) of this AD; and after accomplishing the 
installation, the

[[Page 25669]]

actions specified in paragraph (l) of this AD must be done.
    (1) Install P/N D3411013520200 in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-34-1564, including Appendix 01, dated January 25, 2013.
    (2) Install P/N D3411007620000 or P/N D3411013520000, in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

(k) New Exception to Paragraphs (g) and (j) of This AD

    An airplane on which Airbus modification 154863 (installation of 
AOA sensor flat plate) and modification 154864 (coating protection) 
have been embodied in production is not affected by the requirements 
of paragraph (g) or (j) of this AD, provided that, since first 
flight, no AoA sensor conic plate having P/N F3411060200000 or P/N 
F3411060900000 has been installed on that airplane.

(l) New Removal of AFM Revision

    After modification of an airplane as required by paragraph (j) 
of this AD, Airbus A318/A319/A320/A321 Temporary Revision TR286, 
Issue 1.0, dated December 17, 2012, that was inserted into the 
Airbus A318/A319/A320/A321 AFM as required by paragraph (g) of this 
AD is no longer required and must be removed from the AFM of that 
airplane before further flight.

(m) New Parts Installation Prohibition

    (1) As of the effective date of this AD, for any airplane that 
has AoA sensor flat plates installed: As of the effective date of 
this AD, do not install any AoA sensor conic plate having P/N 
F3411060200000 or P/N F3411060900000, and do not use any AoA 
protection cover having P/N 98D34203003000.
    (2) For any airplane that has AoA sensor conic plates installed: 
As of the effective date of this AD, after modification of the 
airplane as required by paragraph (j) of this AD, do not install any 
AoA sensor conic plate having P/N F3411060200000 or P/N 
F3411060900000, and do not use any AoA protection cover having P/N 
98D34203003000.

(n) Special Flight Permits

    Special flight permits may be issued in accordance with 
Sec. Sec.  21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the airplane can be modified (if the operator elects to do so), 
provided Airbus A318/A319/A320/A321 Temporary Revision TR286, Issue 
1.0, dated December 17, 2012, has been inserted into the Emergency 
Procedures of the Airbus A318/A319/A320/A321 AFM.

(o) 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, WA 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.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0022, dated February 1, 
2013; Airbus Mandatory Service Bulletin A320-34-1564, including 
Appendix 01, dated January 25, 2013; and Airbus A318/A319/A320/A321 
Temporary Revision TR286, Issue 1.0, dated December 17, 2012.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 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. 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.

    Issued in Renton, Washington, on April 23, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-10361 Filed 5-1-13; 8:45 am]
BILLING CODE 4910-13-P
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