[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Proposed Rules]
[Pages 3420-3423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1044]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0041; Directorate Identifier 2009-NM-218-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
Airplanes, Model A340-211, -212, -213, -311, -312, and -313 Airplanes, 
and Model A340-541 and -642 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:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number)

[[Page 3421]]

0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. 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 March 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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, e-mail <a href="/cdn-cgi/l/email-protection#7d1c140f0a120f09151413180e0e533c4e4e4d503c4e494d3d1c140f1f080e531e1210"><span class="__cf_email__" data-cfemail="1d7c746f6a726f69757473786e6e335c2e2e2d305c2e292d5d7c746f7f686e337e7270">[email protected]</span></a>; 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, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221 or 425-227-1152.

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, FAA, Transport Airplane Directorate, 
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-2010-0041; 
Directorate Identifier 2009-NM-218-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 
Emergency Airworthiness Directive 2009-0202-E, dated September 21, 
2009, and corrected September 22, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect union 
fitted on the pitot probe is not adequately torqued, the corrective 
action includes applying torque. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-34A3235 (for Model 
A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes); A340-34A4241 (for Model A340-211, -212, 
-213, -311, -312, and -313 airplanes); and A340-34A5074 (for Model 
A340-541 and -642 airplanes); all Revision 1, all dated September 21, 
2009. The actions described in the 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.

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

[[Page 3422]]

affect about 47 products of U.S. registry. We also estimate that it 
would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $3,760, or $80 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); 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-2010-0041; Directorate Identifier 2009-NM-
218-AD.

Comments Due Date

    (a) We must receive comments by March 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in 
any category; all manufacturer serial numbers; with pitot probes 
having Goodrich part number (P/N) 0851HL, serial numbers 267328 
through 270714 inclusive.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Model A340-541 and -642 airplanes.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect 
union fitted on the pitot probe is not adequately torqued, the 
corrective action includes applying torque.

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.

Actions

    (g) At the time specified, do the following actions.
    (1) Within 14 days after the effective date of this AD: Perform 
a torque check of the pneumatic quick-disconnect union of each pitot 
probe having Goodrich P/N 0851HL to determine if the torque is 
adequate, in accordance with the instructions of the applicable 
service information specified in Table 1 of this AD. Before further 
flight, do all applicable corrective actions in accordance with the 
instructions of the applicable service information specified in 
Table 1 of this AD.

                   Table 1--Airbus Service Information
------------------------------------------------------------------------
  Airbus All Operators Telex     Revision               Dated
------------------------------------------------------------------------
A330-34A3235 (for Model A330-            1  September 21, 2009.
 201, -202, -203, -223, -243,
 -301, -302, -303, -321, -
 322, -323, -341, -342, and -
 343 airplanes).
A340-34A4241 (for Model A340-            1  September 21, 2009.
 211, -212, -213, -311, -312,
 and -313 airplanes).
A340-34A5074 (for Model A340-            1  September 21, 2009.
 541 and -642 airplanes).
------------------------------------------------------------------------

     (2) Within 30 days after performing the torque check required 
by paragraph (g)(1) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Report the torque 
check results to Airbus, including no findings, as specified in the 
instructions of the applicable service information listed in Table 1 
of this AD.
    (3) Actions done before the effective date of this AD in 
accordance with Airbus All Operators Telexes A330-34A3235, A340-
34A4241, and A340-34A5074, all dated September 10, 2009, are 
acceptable for compliance with the corresponding requirements in 
paragraph (g)(1) of this AD.
    (4) As of the effective date of this AD, no person may install a 
pitot probe having Goodrich P/N 0851HL on any airplane,

[[Page 3423]]

unless the actions required by paragraph (g)(1) of this AD have been 
done.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Where the MCAI includes a compliance time of ``5 days,'' we have 
determined that a compliance time of ``within 14 days after the 
effective date of the AD'' is appropriate. The manufacturer and EASA 
agree with this expansion in compliance time.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
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, 
FAA, Transport Airplane Directorate, 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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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

    (i) Refer to MCAI Airworthiness Directive 2009-0202-E, dated 
September 21, 2009, and corrected September 22, 2009; and the 
service information specified in Table 1 of this AD; for related 
information.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1044 Filed 1-20-10; 8:45 am]
BILLING CODE 4910-13-P


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