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[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Proposed Rules]
[Pages 22432-22435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08909]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0329; Directorate Identifier 2012-NM-032-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 two existing airworthiness directives 
(ADs) that apply to certain Airbus Model A330-200, A330-200 Freighter, 
A300-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. 
One existing AD currently requires revising the airplane flight manual 
(AFM) to include appropriate operational procedures to prevent the air 
data inertial reference unit (ADIRU) from providing erroneous data to 
other airplane systems. The other existing AD currently requires 
revising the AFM to provide appropriate operational procedures to 
prevent the airplane flight directors (FDs), autopilot (AP), and auto-
thrust re-engagement in the event of airspeed sources providing similar 
but erroneous data. Since we issued that AD, we have determined that 
new software standards for the flight control primary computers (FCPCs) 
are necessary to inhibit autopilot re-engagement under unreliable 
airspeed conditions. This proposed AD would require that operators 
modify or replace all three FCPCs with new software standards. This 
proposed AD would also remove certain airplanes from the applicability. 
We are proposing this AD to prevent autopilot engagement under 
unreliable airspeed conditions, which could result in reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by May 31, 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 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; email airworthiness.A330-A340@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 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:

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-2013-0329; 
Directorate Identifier 2012-NM-032-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 January 23, 2009, we issued AD 2009-04-07, Amendment 39-15813 
(74

[[Page 22433]]

FR 7549, February 18, 2009). On January 12, 2011, we issued AD 2011-02-
09, Amendment 39-16583 (76 FR 4219, January 25, 2011). Those ADs 
required actions intended to address an unsafe condition on the 
products listed above.
    Since we issued those ADs, we have determined that new software 
standards for the FCPCs are necessary to inhibit autopilot re-
engagement under unreliable airspeed conditions. The European Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Community, has issued EASA AD 2011-0199R1, dated 
February 17, 2012 (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:

    It has been determined that, when there are significant 
differences between all airspeed sources, the flight controls of an 
Airbus A330 or A340 aeroplane will revert to alternate law, the 
autopilot (AP) and the auto-thrust (A/THR) automatically disconnect, 
and the Flight Directors (FD) bars are automatically removed.
    Futher analyses have shown that, after such an event, if two 
airspeed sources become similar while still erroneous, the flight 
guidance computers will display the FD bars again, and enable the 
re-engagement of AP and A/THR. However, in some cases, the AP orders 
may be inappropriate, such as possible abrupt pitch command.
    In order to prevent such events which may, under specified 
circumstances, constitute an unsafe condition, EASA issued AD 2010-
0271 [which corresponds to FAA AD 2011-02-09, Amendment 39-16583 (76 
FR 4219, January 25, 2011)] to require an amendment of the Flight 
Manual to ensure that flight crews apply the appropriate operational 
procedure.
    Since that [EASA] AD was issued, new FCPC software standards 
have been developed that will inhibit autopilot engagement under 
unreliable airspeed conditions.
    Consequently, EASA issued AD 2011-0199 to require software 
standard upgrade of the three FCPCs by either modification or 
replacement, as follows:

--software standard P11A/M20A on FCPC 2K2 hardware for A330-200/-300 
aeroplanes [with electrical rudder], through Airbus Service Bulletin 
(SB) A330-27-3176,
--software standard P12A/M21A on FCPC 2K1 hardware and M21A on FCPC 
2K0 hardware for A330-200/-300 aeroplanes [with mechanical rudder], 
through Airbus SB A330-27-3177,
--software standard L22A on FCPC 2K1 hardware and L22A on FCPC 2K0 
hardware for A340-200/-300 aeroplanes [with mechanical rudder], 
through Airbus SB A340-27-4174, and
--software standard L21A on FCPC 2K2 hardware for A340-300 
aeroplanes [with electrical rudder], through Airbus SB A340-27-4162.
* * * * *
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued the following service bulletins:

 Mandatory Service Bulletin A330-27-3176, Revision 02, dated 
April 24, 2012
 Mandatory Service Bulletin A330-27-3177, dated December 21, 
2011
 Mandatory Service Bulletin A340-27-4162, Revision 01, dated 
September 17, 2012
 Mandatory Service Bulletin A340-27-4174, dated November 21, 
2011

    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 59 products of U.S. registry.
    The actions that are required by AD 2009-04-07, Amendment 39-15813 
(74 FR 7549, February 18, 2009), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Required parts cost about $0 per product. Based on these figures, 
the estimated cost of the actions currently required by AD 2009-04-07 
is $85 per product.
    The actions that are required by AD 2011-02-09, Amendment 39-16583 
(76 FR 4219, January 25, 2011), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Required parts cost about $0 per product. Based on these figures, 
the estimated cost of the actions currently required by AD 2011-02-09 
is $85 per product.
    We estimate that it would take about 5 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. 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 proposed AD 
on U.S. operators to be $25,075, or $425 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.

[[Page 22434]]

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) 
2009-04-07, Amendment 39-15813 (74 FR 7549, February 18, 2009), and AD 
2011-02-09, Amendment 39-16583 (76 FR 4219, January 25, 2011), and 
adding the following new AD:

Airbus: Docket No. FAA-2013-0329; Directorate Identifier 2012-NM-
032-AD.

(a) Comments Due Date

    We must receive comments by May 31, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-04-07, Amendment 39-15813 (74 FR 
7549, February 18, 2009; and AD 2011-02-09, Amendment 39-16583 (76 
FR 4219, January 25, 2011).

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, as identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model A330-223F, -243F, -201, -202, -203, -223, -243, -301, 
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes; except 
those on which Airbus modification 201654 has been embodied in 
production, or Airbus Service Bulletin A330-27-3156 has been 
incorporated in service.
    (2) All Model A340-211, -212, -213, -311, -312, and -313 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by the possibility that, due to significant 
differences among all airspeed sources, the flight controls will 
revert to alternate law, the autopilot (AP) and the auto-thrust (A/
THR) automatically disconnect, and the flight director (FD) bars are 
automatically removed. Then, if two airspeed sources become similar 
while still erroneous, the flight guidance computers will display 
the FD bars again, and enable the re-engagement of AP and A/THR. In 
some cases, however, the AP orders may be inappropriate, such as 
possible abrupt pitch command. We are issuing this AD to prevent 
autopilot engagement under unreliable airspeed conditions, which 
could result in reduced controllability 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 (AFM) Revision: Certain NAV Faults 
or ATT Flag on PFD

    This paragraph restates the actions required by paragraph (f) of 
AD 2009-04-07, Amendment 39-15813 (74 FR 7549, February 18, 2009). 
For all airplanes except Model A330-223F and -243F airplanes: Within 
14 days after March 5, 2009 (the effective date of AD 2009-04-07), 
revise the applicable section of the A330 or A340 (Airbus) Flight 
Manual (FM) by inserting a copy of A330 (Airbus) Temporary Revision 
(TR) 4.02.00/46, or A340 (Airbus) TR 4.02.00/54, both Issue 3, both 
dated January 13, 2009, as applicable. Thereafter, 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.

(h) Retained AFM Revision: Alternate Law Associated With AP and A/THR 
Disconnection

    This paragraph restates the actions required by paragraph (g) of 
AD 2011-02-09, Amendment 39-16583 (76 FR 4219, January 25, 2011). 
Within 15 days after February 9, 2011 (the effective date of AD 
2011-02-09), do the actions in paragraph (h)(1) or (h)(2) of this 
AD.
    (1) Revise the Limitations and Abnormal Sections of the Airbus 
A330/A340 AFM to include the following statement and operate the 
airplane according to these limitations and procedures. This may be 
done by inserting a copy of this AD in the AFM. When a statement 
identical to that in paragraph (h)(1) of this AD has been included 
in the general revisions of the Limitations and Abnormal Sections of 
the AFM, the general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.

    PROCEDURE:
    When autopilot and auto-thrust are automatically disconnected 
and flight controls have reverted to alternate law:

--Do not engage the AP and the A/THR, even if FD bars have 
reappeared
--Do not follow the FD orders
--ALL SPEED INDICATIONSX-CHECK

     If unreliable speed indication is suspected:

--UNRELIABLE SPEED INDIC/ADR CHECK PROC APPLY

     If at least two ADRs provide reliable speed indication 
for at least 30 seconds, and the aircraft is stablised on the 
intended path:

AP/FD and A/THR As required

    (2) Revise the Limitations and Abnormal Sections of the Airbus 
A330/A340 AFM to include the information in Airbus A330/A340 
Temporary Revision (TR) TR149 (for Model A330 airplanes) or TR150 
(for Model A340-200 and -300 series airplanes), both Issue 1.0, both 
dated December 20, 2010. These TRs introduce procedures for 
operation of the auto pilot and auto-thrust disconnect. Operate the 
airplane according to the limitations and procedures in the TRs. 
This may be done by inserting copies of Airbus A330/A340 TR TR149 or 
TR150, both Issue 1.0, both dated December 20, 2010; as applicable; 
into the Airbus A330/A340 AFM. When these TRs have been included in 
general revisions of the AFM, the general revisions may be inserted 
in the AFM, and the TRs may be removed.

(i) New Software Standard Upgrade

    Within 10 months after the effective date of this AD, upgrade 
(by modification or replacement, as applicable) the three flight 
control primary computers (FCPCs), as specified in paragraphs 
(i)(1), (i)(2), (i)(3), and (i)(4) of this AD, as applicable. 
Accomplishment of the applicable requirements of this paragraph 
terminates the requirements of paragraphs (g) and (h) of this AD.
    (1) For Model A330 series airplanes: Upgrade to software 
standard P11A/M20A on FCPC 2K2 hardware, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-27-3176, Revision 02, dated April 24, 2012.
    (2) For Model A330 series airplanes: Upgrade to software 
standard P12A/M21A on FCPC 2K1 hardware, and software standard M21A 
on FCPC 2K0 hardware, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-27-3177, 
dated December 21, 2011.
    (3) For Model A340 series airplanes: Upgrade to software 
standard L22A on FCPC 2K1 hardware, and software standard L22A on 
FCPC 2K0 hardware, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-27-4174, 
dated November 21, 2011.
    (4) For Model A340 series airplanes: Upgrade to software 
standard L21A on FCPC 2K2 hardware, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A340-27-4162, Revision 01, dated September 17, 2012.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (i)(1) of this AD, if those actions were performed before 
the effective date of this AD using Airbus Mandatory Service 
Bulletin A330-27-3176, dated July 26, 2011; or Airbus Mandatory 
Service Bulletin A330-27-3176, Revision 01, dated March 27, 2012; 
which are not incorporated by reference.
    (2) This paragraph provides credit for the actions specified in 
paragraph (i)(4) of this AD, if those actions were performed before 
the effective date of this AD using Airbus Mandatory Service 
Bulletin A340-27-4162, dated January 10, 2012, which is not 
incorporated by reference.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 22435]]

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: 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. 
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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2011-0199R1, dated February 17, 
2012, and the service information identified in paragraphs (i)(1)(i) 
through (i)(1)(viii) of this AD.
    (i) Airbus Mandatory Service Bulletin A330-27-3176, Revision 02, 
dated April 24, 2012.
    (ii) Airbus Mandatory Service Bulletin A330-27-3177, dated 
December 21, 2011.
    (iii) Airbus Mandatory Service Bulletin A340-27-4162, Revision 
01, dated September 17, 2012.
    (iv) Airbus Mandatory Service Bulletin A340-27-4174, dated 
November 21, 2011.
    (v) Airbus A330 Temporary Revision 4.02.00/46, Issue 3, dated 
January 13, 2009, to the Airbus A330 Airplane Flight Manual.
    (vi) Airbus A340 Temporary Revision 4.02.00/54, Issue 3, dated 
January 13, 2009, to the Airbus A340 Airplane Flight Manual.
    (vii) Airbus A330/A340 Temporary Revision TR149, Issue 1.0, 
dated December 20, 2010, to the Airbus A330/A340 Airplane Flight 
Manual.
    (viii) Airbus A330/A340 Temporary Revision TR150, Issue 1.0, 
dated December 20, 2010, to the Airbus A330/A340 Airplane Flight 
Manual.
    (2) For service information identified in this 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; email airworthiness.A330-A340@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 4, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08909 Filed 4-15-13; 8:45 am]
BILLING CODE 4910-13-P
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