[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Rules and Regulations]
[Pages 3161-3163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00713]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0925; Directorate Identifier 2014-NM-229-AD; 
Amendment 39-18066; AD 2014-25-52]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A330-200 Freighter, -200, and -300 series airplanes and 
Model A340-200, -300, -500, and -600 series airplanes. This emergency 
AD was sent previously to all known U.S. owners and operators of these 
airplanes. This AD requires revising the airplane flight manual to 
advise the flightcrew of emergency procedures for abnormal Alpha 
Protection (Alpha Prot). This AD was prompted by a report of Angle of 
Attack (AoA) probes jamming on an in-service Airbus Model A321 
airplane. We are issuing this AD to ensure that the flightcrew has 
procedures to counteract the pitch down order due to abnormal 
activation of the Alpha Prot. An abnormal Alpha Prot, if not corrected, 
could result in loss of control of the airplane.

DATES: This AD is effective February 6, 2015 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2014-25-52, issued on December 10, 2014, which contained the 
requirements of this amendment.
    We must receive comments on this AD by March 9, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0925; 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations Office 
(phone: 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,

[[Page 3162]]

Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 
98057-3356; telephone 425-227-1138; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 10, 2014, we issued Emergency AD 2014-25-52, which 
requires revising the airplane flight manual to advise the flightcrew 
of emergency procedures for abnormal Alpha Prot. This emergency AD was 
sent previously to all known U.S. owners and operators of these 
airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued Emergency 
Airworthiness Directive 2014-0267-E, dated December 9, 2014 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on all Airbus Model A330-
200 Freighter, -200, and -300 series airplanes and Model A340-200, -
300, -500, and -600 series airplanes. The MCAI states:

    An occurrence was reported where an Airbus A321 aeroplane 
encountered a blockage of two Angle of Attack (AoA) probes during 
climb, leading to activation of the Alpha Protection (Alpha Prot) 
while the Mach number increased. The flightcrew managed to regain 
full control and the flight landed uneventfully.
    When Alpha Prot is activated due to blocked AoA probes, the 
flight control laws order a continuous nose down pitch rate that, in 
a worst case scenario, cannot be stopped with backward sidestick 
inputs, even in the full backward position. If the Mach number 
increases during a nose down order, the AoA value of the Alpha Prot 
will continue to decrease. As a result, the flight control laws will 
continue to order a nose down pitch rate, even if the speed is above 
minimum selectable speed, known as VLS.
    This condition, if not corrected, could result in loss of 
control of the aeroplane.
    As the same systems are installed on A330 and A340 airplanes, to 
address this unsafe condition, Airbus * * * [has] developed a 
specific Aircraft Flight Manual (AFM) procedure, which has been 
published in AFM Temporary Revision (TR) No. 528 for A330 aeroplanes 
and AFM TR No. 529 for A340 aeroplanes, as applicable to aeroplane 
type and model.
    For the reasons described above, this AD requires amendment of 
the applicable AFM [to advise the flightcrew of emergency procedures 
for abnormal Alpha Prot].
    This is considered to be an interim action and further [EASA] AD 
action may follow.

FAA's Determination and AD Requirements

    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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
abnormal Alpha Prot, if not corrected, could result in loss of control 
of the airplane. Therefore, we find that notice and opportunity for 
prior public comment are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2014-0925 and 
Directorate Identifier 2014-NM-229-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of 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 AD.

Costs of Compliance

    We estimate that this AD affects 91 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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AFM revision........................  1 work-hour x $85 per                $0              $85           $7,735
                                       hour = $85.
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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

    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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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.

[[Page 3163]]

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2014-25-52 Airbus: Amendment 39-18066; Docket No. FAA-2014-0925; 
Directorate Identifier 2014-NM-229-AD.

(a) Effective Date

    This AD is effective February 6, 2015 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2014-25-52, issued on December 10, 2014, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(6) of this AD.
    (1) All Model A330-223F and -243F airplanes.
    (2) All Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) All Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.
    (4) All Model A340-211, -212, and -213 airplanes.
    (5) All Model A340-311, -312, and -313 airplanes.
    (6) All Model A340-541 and A340-642 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of Angle of Attack (AoA) probes 
jamming on an in-service Airbus Model A321 airplane. We are issuing 
this AD to ensure the flightcrew has procedures to counteract the 
pitch down order due to abnormal activation of the Alpha Prot. An 
abnormal Alpha Prot, if not corrected, could result in loss of 
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Airplane Flight Manual (AFM)

    Within 2 days after the effective date of this AD, revise the 
AFM to incorporate procedures to address undue activation of Alpha 
Prot by inserting the text specified in figure 1 to paragraph (g) of 
this AD into the Emergency Procedures section of the applicable AFM, 
to advise the flightcrew of emergency procedures for abnormal Alpha 
Prot. This may be accomplished by inserting a copy of this AD into 
the AFM. When a statement identical to the text specified in figure 
1 to paragraph (g) of this AD is included in the general revisions 
of the AFM, the general revisions may be inserted in the AFM, and 
the text specified in figure 1 to paragraph (g) of this AD may be 
removed.

           Figure 1 to Paragraph (g) of This AD--AFM Procedure
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<bullet<ls-thn-eq> If the Alpha Prot strip (black and amber) completely
 and permanently hides the VLS strip (amber) in a stabilized wings-level
 flight path (without an increase in the load factor):
    Keep on one ADR.
    Turn off two ADRs.
    In case of dispatch with one ADR inoperative, switch only one ADR to
     OFF.
 
    CAUTION RISK OF ERRONEOUS DISPLAY OF THE VSW STRIP (RED AND BLACK)
     AND RISK OF UNDUE STALL WARNING
 
    Do not increase speed.
    Consider using the Flight Path Vector (FPV).
    Recover affected DU by using associated DMC switching.
    When at or above safety altitude, level off.
 
<bullet<ls-thn-eq> At any time, with a speed above VLS, if the aircraft
 goes to a continuous nose down pitch rate that cannot be stopped with
 backward sidestick inputs, immediately:
    Keep on one ADR.
    Turn off two ADRs.
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(h) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(i) Other FAA Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 ACO, send it to 
ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. 
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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or 
Airbus's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.

(j) Related Information

    For more information about this AD, contact Vladimir Ulyanov, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1138; fax 425-227-1149.

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 7, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-00713 Filed 1-21-15; 8:45 am]
BILLING CODE 4910-13-P