[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Pages 54251-54253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18060]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20405; Directorate Identifier 2002-NM-243-AD; 
Amendment 39-14269; AD 2005-19-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A340-200 and -300 Series 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A340-200 and -300 series airplanes. This AD 
requires revising the airplane flight manual to incorporate new 
procedures for the flightcrew to follow to correct miscalculation of 
the takeoff and accelerating or stopping distance of the airplane 
during a ferry flight under certain conditions. This AD results from a 
report that a software error could result in a miscalculation 
(underestimation) of the runway length necessary for takeoff in the 
case of a ferry flight with one engine not operating. We are issuing 
this AD to prevent this miscalculation, which, if combined with high 
takeoff weight, too-short runway length, and high altitude and 
temperature of the airport, could result in inability of the flightcrew 
to abort the takeoff in a safe manner, reduced controllability of the 
airplane, and runway overrun.

DATES: Effective September 29, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 29, 
2005.
    We must receive comments on this AD by November 14, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on certain Airbus Model A340-200 and -300 
series airplanes. The DGAC advises that, during certification of Airbus 
Model A340-600 series airplanes, an error in the Octopus software was 
discovered. The software error results in a miscalculation 
(underestimation) of the runway length necessary for takeoff in the 
case of a ferry flight with one engine not operating. In this 
situation, the takeoff procedure requires a progressive power setting 
of the engine symmetrical to the failed or non-operational engine. 
Investigation revealed that the calculations performed by the software 
give the same thrusts in the transient system for the three operational 
engines, resulting in an error in calculation of 650 meters (2,133 
feet) for the takeoff and accelerate/stop distance. This condition, if 
combined with high takeoff weight, too-short runway length, and high 
altitude and temperature of the airport, could result in inability of 
the flightcrew to abort the takeoff in a safe manner, reduced 
controllability of the airplane, and runway overrun.

Relevant Service Information

    Airbus has issued Temporary Revision (TR) 6.03.02/05, dated August 
8, 2002, to the A340 Airplane Flight Manual (AFM). The TR describes 
procedures for revising the limitations section (appendices and 
supplements) of the AFM to provide procedures for the flightcrew to 
follow to correct

[[Page 54252]]

miscalculation of the takeoff and accelerating or stopping distance of 
the airplane during a ferry flight with one engine not operating. The 
DGAC mandated the TR and issued French airworthiness directive 2002-
436(B), dated August 21, 2002, to ensure the continued airworthiness of 
these airplanes in France.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent miscalculation of the 
takeoff and accelerating or stopping distance of the airplane during 
ferry flight takeoff performance. This miscalculation, if combined with 
high takeoff weight, too-short runway length, and high altitude and 
temperature of the airport, could result in inability of the flightcrew 
to abort the takeoff in a safe manner, reduced controllability of the 
airplane, and runway overrun. This AD requires revising the AFM to 
incorporate new procedures for the flightcrew to follow to correct 
miscalculation of the takeoff and accelerating or stopping distance of 
the airplane during a ferry flight under certain conditions.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required AFM revision would take about 1 work hour 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the estimated cost of the AD would be $65 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to the 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2005-20405; Directorate Identifier 2002-NM-243-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the AD that 
might suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 have 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 distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):


[[Page 54253]]


2005-19-04 Airbus: Amendment 39-14269. Docket No. FAA-2005-20405; 
Directorate Identifier 2002-NM-243-AD.

Effective Date

    (a) This AD becomes effective September 29, 2005.

Affected ADs

    (b) None.
    Applicability: (c) This AD applies to Airbus Model A340-211, -
212, and -213, and Model A340-311, -312, and -313 airplanes, 
certificated in any category; modified by Airbus modification 40647.

Unsafe Condition

    (d) This AD results from a report that a software error could 
result in a miscalculation (underestimation) of the runway length 
necessary for takeoff in the case of a ferry flight with one engine 
not operating. The FAA is issuing this AD to prevent this 
miscalculation, which, if combined with high takeoff weight, too-
short runway length, and high altitude and temperature of the 
airport, could result in inability of the flightcrew to abort the 
takeoff in a safe manner, reduced controllability of the airplane, 
and runway overrun.
    Compliance: (e) You are responsible for having the actions 
required by this AD performed within the compliance times specified, 
unless the actions have already been done.

Airplane Flight Manual (AFM) Revision

    (f) Within 10 days after the effective date of this AD: Revise 
the Limitations section of the Airbus A340 AFM to include the 
information in Airbus Temporary Revision (TR) 6.03.02/05, dated 
August 8, 2002, as specified in the TR. The TR includes procedures 
for the flightcrew to follow to correct miscalculation of the 
takeoff and accelerating or stopping distance of the airplane during 
a ferry flight with one engine not operating.


    Note 1: This may be done by inserting a copy of Airbus TR 
6.03.02/05 in the AFM. When the TR has been included in the general 
revisions of the AFM, the general revisions may be inserted in the 
AFM provided the relevant information in the general revision is 
identical to that in Airbus TR 6.03.02/05.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) French airworthiness directive 2002-436(B), dated August 21, 
2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Airbus Temporary Revision 6.03.02/05, dated 
August 8, 2002, to the Airbus A340 Airplane Flight Manual, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street, 
SW., room PL-401, Nassif Building, Washington, DC; on the Internet 
at http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18060 Filed 9-13-05; 8:45 am]
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