[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73340-73343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29713]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 /
Proposed Rules
[[Page 73340]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0150; Directorate Identifier 2011-NM-234-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for all Airbus Model A318, A319, A320, and A321 series airplanes.
That supplemental notice of proposed rulemaking (SNPRM) proposed an
inspection to determine if certain angle of attack (AOA) probes are
installed, and replacement of any affected AOA probe. That SNPRM was
prompted by reports of oil residue between the stator and the rotor
parts of the position resolvers of the AOA vane, which was a result of
incorrect removal of the machining oil during the manufacturing process
of the AOA resolvers. This action revises that SNPRM by clarifying the
affected parts. We are proposing this AD to prevent erroneous AOA
information and consequent delayed or non-activation of the AOA
protection systems which, during flight at a high angle of attack,
could result in reduced control of the airplane. Since these actions
impose an additional burden over that proposed in the SNPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.
DATES: We must receive comments on this proposed AD by January 4, 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, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; Internet http://www.airbus.com. For Thales Avionics service information identified in
this proposed AD, contact Thales Avionics, Retrofit Manager, 105,
Avenue du G[eacute]n[eacute]ral Eisenhower, BP 63647, 31036 Toulouse
Cedex 1, France; telephone +33 5 61 19 76 95; fax +33 5 61 19 68 20;
email [email protected]; Internet http://www.thalesgroup.com/aerospace. 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; 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-2012-0150;
Directorate Identifier 2011-NM-234-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
We proposed to amend 14 CFR part 39 with an earlier SNPRM for the
specified products, which was published in the Federal Register on July
11, 2012 (77 FR 40823). That earlier SNPRM proposed to require actions
intended to address the unsafe condition for all Airbus Model A318,
A319, A320, and A321 series airplanes.
Since that SNPRM (77 FR 40823, July 11, 2012) was issued, we
received further information from Airbus clarifying the affected parts
subject to the unsafe condition.
Comments
We gave the public the opportunity to comment on the previous SNPRM
(77 FR 40823, July 11, 2012). The following presents the comments
received on the previous SNPRM and the FAA's response to each comment.
Request To Include Other Service Information
Airbus requested that we revise paragraph (g)(2) of the previous
SNPRM (77 FR 40823, dated July 11, 2012) to include other service
information that clarifies the affected parts. Airbus stated that
paragraph (g)(2) of the previous SNPRM should read, ``If any probe is
found having P/N C16291AB, on which * * * or AIRBUS Service Bulletin
34-1444 [sic] Revision 00 dated October 07, 2009, has been incorporated
* * * ''
We agree with Airbus's request. We have revised paragraph (g)(2) of
this
[[Page 73341]]
SNPRM to include replacement of an AOA probe, P/N C16291AB, on which
Thales Avionics Service Bulletin C16291A-34-009, dated September 10,
2009; or Airbus Service Bulletin A320-34-1444, dated October 7, 2009;
has been accomplished. We have removed the reference to Thales Avionics
Service Bulletin C16291A-34-007, Revision 01, dated December 3, 2009,
from paragraph (g)(2) and (i)(2) of this SNPRM.
We have also revised paragraphs (g)(1) and (i)(2) of this SNPRM to
prevent replacement with an AOA probe on which Thales Avionics Service
Bulletin C16291A-34-009, dated September 10, 2009; or Airbus Service
Bulletin A320-34-1444, dated October 7, 2009; has been incorporated.
Request To Use Additional Service Information
Airbus requested that we revise paragraph (i)(1) of the previous
SNPRM (77 FR 40823, dated July 11, 2012) to include Thales Avionics
Service Bulletin C16291A-34-007, Revision 01, dated December 3, 2009;
and Thales Avionics Service Bulletin C16291A-34-007, Revision 02, dated
December 16, 2011.
We agree with Airbus's request. We have added the service
information to paragraph (i) of this AD.
Request To Use the Airplane Maintenance Manual for Replacing the AOA
Probes
UAL requested that, in paragraph (g)(2) of the previous SNPRM (77
FR 40823, dated July 11, 2012), the AOA probes be replaced using
Airplane Maintenance Manual (AMM) 34-11-19 PB 401, for the corrective
action.
We partially agree with UAL's request. Although we do not agree to
mandate the use of Task 34-11-19-000-001-A, Removal of the Angle of
Attack Sensor, of the Airbus A318/A319/A320/A321 AMM, we do agree that
this AMM task includes procedures for replacing the AOA probes.
Therefore, we have added Note 1 to paragraph (g)(2) of this SNPRM, to
specify that additional guidance for replacing the AOA probes may be
found in Task 34-11-19-000-001-A, Removal of the Angle of Attack
Sensor, of the Airbus A318/A319/A320/A321 AMM.
Request To Revise the Labor Rate
United Airlines (UAL) requested that the ``Costs of Compliance''
section in the previous SNPRM (77 FR 40823, July 11, 2012) be updated
to a new labor rate. UAL stated that the FAA's costs of compliance were
estimated to take about 2 work-hours per product to comply with the
basic requirements of the previous SNPRM, and that the average labor
rate is $85 per work-hour. UAL stated that it agrees with the estimated
work-hours, but it would like to provide an updated labor rate of $97
per work-hour.
We disagree with UAL's request to change the labor rate in this
SNPRM. Our estimate of $85 per work-hour is the current burdened labor
rate established for use by the FAA Office of Aviation Policy, Plans,
and Management Analysis. The burdened labor rate includes the labor
cost, overhead, administrative expenses, etc. Because the labor rate
used in our calculations accounts for the variations in costs among
those in the airline industry, we consider that $85 per work-hour is
appropriate. No change to this SNPRM is necessary in this regard.
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.
Certain changes described above expand the scope of the earlier
SNPRM (77 FR 40823, dated July 11, 2012). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 755 products of U.S. registry. We also estimate that
it would take about 2 work-hours 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 $128,350, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $0, for a cost of
$255 per product. We have no way of determining the number of products
that may need these actions.
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:
[[Page 73342]]
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-2012-0150; Directorate Identifier 2011-NM-
234-AD.
(a) Comments Due Date
We must receive comments by January 4, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 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 reports of oil residue between the
stator and the rotor parts of the position resolvers of the angle of
attack (AOA) vane, which was a result of incorrect removal of the
machining oil during the manufacturing process of the AOA resolvers.
We are issuing this AD to prevent erroneous AOA information and
consequent delayed or non-activation of the AOA protection systems
which, during flight at a high angle of attack, could result in
reduced control 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) Inspection
Within 12 months after the effective date of this AD, except as
provided by paragraph (h) of this AD: Do the inspections specified
in paragraphs (g)(1) and (g)(2) of this AD.
(1) Inspect to determine the part number (P/N) and serial number
of each Thales Avionics AOA probe, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-34-1452,
excluding Appendix 01, dated January 29, 2010. If any probe is found
having P/N C16291AA and having a serial number listed in Thales
Avionics Service Bulletin C16291A-34-007, Revision 03, dated April
10, 2012: Within 12 months after the effective date of this AD,
replace the AOA probe, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-34-1452, excluding
Appendix 01, dated January 29, 2010, provided that Thales Avionics
Service Bulletin C16291A-34-009, dated September 10, 2009; or Airbus
Service Bulletin A320-34-1444, dated October 7, 2009; have not been
accomplished. Thales Avionics Service Bulletin C16291A-34-009, dated
September 10, 2009; and Airbus Service Bulletin A320-34-1444, dated
October 7, 2009 (which are not incorporated by reference in this
AD); cannot be used for the installation of AOA probes having P/N
C16291AB. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number and serial number of the
installed AOA probes can be conclusively determined from that
review.
(2) Inspect to determine the part number and serial number of
each Thales Avionics AOA probe, in accordance with paragraph
3.C.(1)a of the Accomplishment Instructions of Airbus Service
Bulletin A320-34-1452, excluding Appendix 01, dated January 29,
2010. If any probe is found having P/N C16291AB, on which Thales
Avionics Service Bulletin C16291A-34-009, dated September 10, 2009;
or Airbus Service Bulletin A320-34-1444, dated October 7, 2009
(which are not incorporated by reference in this AD); has been
accomplished: Within 12 months after the effective date of this AD,
replace the AOA probe, in accordance with a method approved by the
Manager, International Branch, ANM-116, FAA, or European Aviation
Safety Agency (EASA) (or its delegated agent). A review of airplane
maintenance records is acceptable in lieu of the inspection
specified in this paragraph if the part number of the installed AOA
probes can be conclusively determined from that review.
Note 1 to paragraph (g)(2) of this AD: Additional guidance for
replacing the AOA probes may be found in Task 34-11-19-000-001-A,
Removal of the Angle of Attack Sensor, of the Airbus A318/A319/A320/
A321 Aircraft Maintenance Manual, which is not incorporated by
reference in this AD.
(h) Exception
For any airplane on which Airbus modification 150006
(installation of Thales Avionics AOA probes P/N C16291AB) or
modification 26934 (installation of Goodrich AOA probes P/N 0861ED)
has been embodied in production, and on which no AOA probe
replacement has been made since first flight: The actions specified
in paragraph (g) of this AD are not required.
(i) Parts Installation Limitations
(1) As of the effective date of this AD, no person may install a
Thales Avionics AOA probe, P/N C16291AA, having a serial number
listed in Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012, on any airplane, unless that Thales
Avionics probe has been inspected, re-identified, and tested, in
accordance with the Accomplishment Instructions of the service
information specified in paragraph (i)(1)(i), (i)(1)(ii), or
(i)(1)(iii) of this AD.
(i) Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012.
(ii) Thales Avionics Service Bulletin C16291A-34-007, Revision
02, dated December 16, 2011.
(iii) Thales Avionics Service Bulletin C16291A-34-007, Revision
01, dated December 3, 2009.
(2) As of the effective date of this AD, no person may install a
Thales Avionics AOA probe, P/N C16291AB, on which Thales Avionics
Service Bulletin C16291A-34-009, dated September 10, 2009; or Airbus
Service Bulletin A320-34-1444, dated October 7, 2009 (which is not
incorporated by reference in this AD); has been incorporated.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International 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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone (425) 227-1405; 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.
(k) Related Information
(1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0203, dated October 13, 2011, and the service
information specified in paragraphs (k)(1)(i) and (k)(1)(ii) of this
AD, for related information.
(i) Airbus Service Bulletin A320-34-1452, excluding Appendix 01,
dated January 29, 2010.
(ii) Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012.
(2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email [email protected];
Internet http://www.airbus.com. For Thales Avionics service
information identified in this AD, contact Thales Avionics, Retrofit
Manager, 105,
[[Page 73343]]
Avenue du G[eacute]n[eacute]ral Eisenhower, BP 63647, 31036 Toulouse
Cedex 1, France; telephone +33 5 61 19 76 95; fax +33 5 61 19 68 20;
email [email protected]; Internet http://www.thalesgroup.com/aerospace. 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.
Issued in Renton, Washington, on November 30, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-29713 Filed 12-7-12; 8:45 am]
BILLING CODE 4910-13-P