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[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Proposed Rules]
[Pages 38947-38950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16553]

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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]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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 
light at high angle of attack would constitute an unsafe condition. The 
proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 23, 2010.

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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed 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 proposed 
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.
    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: 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:

[[Page 38948]]

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-2010-0675; 
Directorate Identifier 2010-NM-061-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0016R1, dated February 9, 2010 (referred 
to after this as ``the MCAI''), 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 [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.

Relevant Service Information

    Airbus has issued the service bulletins specified in the following 
table. Thales Avionics has issued Service Bulletin C16291A-34-007, 
Revision 01, dated December 3, 2009. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

                                      Table--Applicable Service Information
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                  Model                               Document                              Date
----------------------------------------------------------------------------------------------------------------
Model A330-200 and A330-300 series        Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A330-34-3232,
                                           including Appendix 01.
Model A340-200 and A340-300 series        Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A340-34-4239,
                                           including Appendix 01.
Model A340-500, and A340-600 series       Airbus Mandatory Service         January 20, 2010.
 airplanes.                                Bulletin A340-34-5072,
                                           including Appendix 01.
----------------------------------------------------------------------------------------------------------------

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.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would 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 
would take about 3 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 $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.
    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.

[[Page 38949]]

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); 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 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-2010-0675; Directorate Identifier 2010-NM-
061-AD.

Comments Due Date

    (a) We must receive comments by August 23, 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-
243, 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) probe 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 probe 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 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.
----------------------------------------------------------------------------------------------------------------

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 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.

[[Page 38950]]

FAA AD Differences

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

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- Original....................  January 20, 2010.
 3232.
Airbus Mandatory Service Bulletin A340-34- Original....................  January 20, 2010.
 4239.
Airbus Mandatory Service Bulletin A340-34- Original....................  January 20, 2010.
 5072.
Thales Service Bulletin C16291A-34-007...  Revision 01.................  December 3, 2009.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on June 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16553 Filed 7-6-10; 8:45 am]
BILLING CODE 4910-13-P
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