[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65146-65148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26264]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1106; Directorate Identifier 2012-NM-084-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 adopt 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 proposed AD
was prompted by a report that erroneous height indication by one radio
altimeter with engaged flare and retard mode, in case of go-around,
might lead to a temporary loss of airplane longitudinal control. This
proposed AD would require revising the airplane flight manual. We are
proposing this AD to ensure that the flightcrew applies the appropriate
operational procedures in the event of an erroneous indication of the
radio altimeter, which could result in temporary loss of airplane
longitudinal control.
DATES: We must receive comments on this proposed AD by December 10,
2012.
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 [email protected]; 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-2012-1106;
Directorate Identifier 2012-NM-084-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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0069, dated April 24, 2012 (referred to
after this as ``the MCAI''), to correct an unsafe
[[Page 65147]]
condition for the specified products. The MCAI states:
Airbus performed tests to investigate the consequences of one
radio altimeter providing an erroneous indication.
These tests concluded that with engaged flare and retard mode,
in case of go-around, the situation may lead to a temporary loss of
aeroplane longitudinal control.
To address this condition, Airbus issued a new Airplane Flight
Manual (AFM) operational procedure.
For the reasons described above, this [EASA] AD requires
amendment of the applicable AFM to ensure that the flight crew
applies the appropriate operational procedures.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Temporary Revision TR37, Issue 1.0, dated June
15, 2010; and Temporary Revision TR38, Issue 1.0, dated June 15, 2010;
to the Airbus A330/A340 AFM. 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.
Differences Between This AD and the MCAI or Service Information
While the compliance time for doing the actions specified in EASA
AD 2012-0069, dated April 24, 2012, is within 14 days after the
effective date of EASA AD 2012-0069, dated April 24, 2012, this
proposed AD has a required compliance time of within 30 days after the
effective date of this AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 64 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 $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $5,440, or $85 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.
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-2012-1106; Directorate Identifier 2012-NM-
084-AD.
(a) Comments Due Date
We must receive comments by December 10, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Model A330-223F and -243F airplanes;
Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -
322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212,
-213, -311, -312, -313, -541, and -642 airplanes; certificated in
any category; all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by a report that erroneous height
indication by one radio altimeter with engaged flare and retard
mode, in case of go-around, might lead to a temporary loss of
airplane longitudinal control. We are issuing this AD to ensure that
the flightcrew applies the appropriate operational procedures in the
event of an erroneous indication of the radio altimeter, which could
result in temporary loss of airplane longitudinal control.
(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) Airplane Flight Manual (AFM) Revision
(1) Within 30 days after the effective date of this AD, revise
the applicable section of the Airbus A330/A340 AFM to include the
information in Airbus Temporary Revision TR37, Issue 1.0, dated June
15, 2010; or Airbus Temporary Revision TR38, Issue 1.0, dated June
15, 2010; to the Airbus A330/A340 AFM. This may be done by inserting
a copy of this AD, or Airbus Temporary Revision TR37, Issue 1.0,
dated June 15, 2010, and Airbus Temporary Revision TR38, Issue 1.0,
dated June 15, 2010; in the AFM.
Note 1 to paragraph (g)(1) of this AD: When the information in
Airbus Temporary Revision TR37, Issue 1.0, dated June 15, 2010; or
Airbus Temporary Revision TR38, Issue 1.0, dated June 15, 2010, to
the Airbus A3330/A340 AFM, has been included in the applicable
section of the general revisions of the AFM, the general revisions
may be inserted into the AFM, and the copy of this AD may be removed
from the AFM, provided
[[Page 65148]]
the relevant information in the general revisions is identical to
that in Airbus Temporary Revision TR37, Issue 1.0, dated June 15,
2010; or Airbus Temporary Revision TR38, Issue 1.0, dated June 15,
2010.
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(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 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: [email protected]. 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.
(i) Related Information
(1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2012-0069, dated April 24, 2012, and the service
information specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this
AD, for related information.
(i) Airbus Temporary Revision TR37, Issue 1.0, dated June 15,
2010.
(ii) Airbus Temporary Revision TR38, Issue 1.0, dated June 15,
2010.
(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 [email protected];
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 October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26264 Filed 10-24-12; 8:45 am]
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