Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes, and Airbus Model A340-200, -300, -500, and -600 Series Airplanes, 7549-7552 [E9-3020]

Download as PDF 7549 Rules and Regulations Federal Register Vol. 74, No. 31 Wednesday, February 18, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NUCLEAR REGULATORY COMMISSION 10 CFR Part 75 RIN 3150–AH38 [NRC–2008–0543] Regulatory Changes To Implement the Additional Protocol to the US/IAEA Safeguards Agreement; Correction cprice-sewell on PRODPC61 with RULES AGENCY: Nuclear Regulatory Commission. ACTION: Final rule; correcting amendment. SUMMARY: On December 23, 2008 (73 FR 78599), the Nuclear Regulatory Commission (NRC) published a final rule that amended the NRC’s regulations to implement the requirements under the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (Additional Protocol) for certain NRC and Agreement State licensees to report information on various nuclear fuel cycle-related activities and to provide the International Atomic Energy Agency (IAEA) with access to those locations. This document is necessary to correct an erroneous amendatory instruction which resulted in two undesignated center headings. DATES: The correction is effective February 18, 2009, and is applicable to December 23, 2008, the date the original rule became effective. ADDRESSES: You can access publicly available documents related to this document using the following methods: Federal e-Rulemaking Portal: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2008–0543. Address questions about NRC dockets to Carol Gallagher VerDate Nov<24>2008 11:38 Feb 17, 2009 Jkt 217001 301–492–3668; e-mail Carol.Gallagher@nrc.gov. NRC’s Public Document Room (PDR): The public may examine and have copied for a fee publicly available documents at the NRC’s PDR, Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC’s electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 75.4 also issued under secs. 135, 141, Public Law 97–425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161. FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Office of Administration, Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone 301–492–3663, e-mail Michael.Lesar@nrc.gov. Federal Aviation Administration This document corrects an erroneous amendatory instruction which resulted in two undesignated center headings. SUPPLEMENTARY INFORMATION: List of Subjects in 10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. ■ For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendment to 10 CFR Part 75. PART 75—SAFEGUARDS ON NUCLEAR MATERIAL— IMPLEMENTATION OF US/IAEA AGREEMENT 1. The authority citation for Part 75 continues to read as follows: ■ Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat. 1242, as PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 2. On page 78613, in the third column, instruction 50 is corrected to read as follows: ‘‘50. Section 75.37 and the undesignated center heading ‘‘Installations Designated for IAEA Safeguards’’ that follows § 75.37 are removed.’’ Dated at Rockville, Maryland, this 10th day of February 2009. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration. [FR Doc. E9–3390 Filed 2–17–09; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. FAA–2009–0122; Directorate Identifier 2008–NM–223–AD; Amendment 39–15813; AD 2009–04–07] RIN 2120–AA64 Airworthiness Directives; Airbus Model A330–200 and –300 Series Airplanes, and Airbus Model A340–200, –300, –500, and –600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This 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: An A330 aircraft experienced a sudden [uncommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of the ‘‘NAV IR1 FAULT’’ Electronic Centralised Aircraft Monitor (ECAM) Caution. Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part E:\FR\FM\18FER1.SGM 18FER1 7550 Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Rules and Regulations of ADIRU1 [Air Data Inertial Reference Unit] was providing erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Display (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control computers commanded a sudden nose down aircraft movement, which constitutes an unsafe condition. * * * SUPPLEMENTARY INFORMATION: * An A330 aircraft experienced a sudden [uncommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of the ‘‘NAV IR1 FAULT’’ Electronic Centralised Aircraft Monitor (ECAM) Caution. Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference Unit] was providing erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Display (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control computers commanded a sudden [uncommanded] nose down aircraft movement, which constitutes an unsafe condition. At this stage of the investigation, the analysis of available data indicates that ADIRU1 abnormal behaviour is likely at the origin of the event. Due to similar design, the A340 aircraft are also impacted by this issue. In order to prevent the ADR from providing erroneous data to other aircraft systems, EASA [Emergency] AD 2008–0203–E [dated November 19, 2008] was issued to require, in case faulty Inertial Reference (IR) is detected, to isolate both the IR and ADR by accomplishment of a modified Aircraft Flight Manual (AFM) operational procedure. Since that AD [EASA AD 2008–0203–E, dated November 19, 2008] was issued, it has been reported that the ‘‘OFF’’ light did not illuminate in the cockpit after setting the IR and ADR pushbuttons to OFF. Investigation has determined that the ADIRU was indeed sometimes affected by another failure control. To prevent such a failure, the operational procedure has been updated to instruct the flight crew to de-energize the ADIRU if the ‘‘OFF’’ light is not illuminated after setting the IR and ADR pushbuttons to OFF. Consequently, [EASA Emergency] AD 2008– 0225–E [dated December 18, 2008], which superseded [EASA Emergency] AD 2008– 0203–E [dated November 19, 2008], requires accomplishment of the updated AFM operational procedure. Since this second AD was issued [EASA Emergency AD 2008–0225–E, dated December 18, 2008], a new service event has been reported highlighting that, in some failure cases, even though the ‘‘OFF’’ light illuminates in the cockpit after setting the IR and ADR pushbuttons to OFF, the IR could cprice-sewell on PRODPC61 with RULES * * * * These anomalies could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective March 5, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications, listed in the AD as of March 5, 2009. We must receive comments on this AD by March 20, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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 W12–40, 1200 New Jersey Avenue, SE., Washington, DC, 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 https:// 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 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. VerDate Nov<24>2008 11:38 Feb 17, 2009 Jkt 217001 Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2009–0012–E, dated January 15, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 keep providing erroneous data to other systems. In order to address all identified failure cases, de-energizing the affected ADIRU must be done by setting the IR mode rotary selector to OFF. Consequently, this AD, which supersedes AD 2008–0225–E [dated December 18, 2008], requires accomplishment of the updated AFM operational procedure. The anomalies described above could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued A330 Temporary Revision 4.02.00/46, Issue 3, dated January 13, 2009, to the A330 (Airbus) Flight Manual; and A340 Temporary Revision 4.02.00/54, Issue 3, dated January 13, 2009, to the A340 (Airbus) Flight Manual. 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 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 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. Differences Between the 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 required 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 AD. 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 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Rules and Regulations the flying public justifies waiving notice and comment prior to adoption of this rule to prevent the ADR from providing erroneous data to other aircraft systems, which could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. cprice-sewell on PRODPC61 with RULES Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0122; Directorate Identifier 2008–NM–223– 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 https:// 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. 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 AD will not have federalism implications under VerDate Nov<24>2008 11:38 Feb 17, 2009 Jkt 217001 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 this AD: 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. 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–04–07 Airbus: Amendment 39–15813. Docket No. FAA–2009–0122; Directorate Identifier 2008–NM–223–AD. Effective Date (a) This airworthiness directive (AD) becomes effective March 5, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A330– 200 and –300; and A340–200, –300, –500, and –600 series airplanes, certificated in any category, as listed in paragraphs (c)(1) and (c)(2) of this AD. (1) A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes, all serial numbers, equipped with Northrop-Grumman (formerly Litton) Air Data Inertial Reference Units (ADIRUs), part number (P/N) 465020–0303– 03ZZ (with ZZ from 09 up to 16 inclusive). (2) A340–211, –212, –213, –311, –312, –313, –541, and –642 airplanes, all serial numbers, equipped with Northrop-Grumman PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 7551 (formerly Litton) ADIRUs, P/N 465020–0303– 03ZZ (with ZZ from 09 up to 16 inclusive). Subject (d) Air Transport Association (ATA) of America Code 34: Navigation. Reason (e) The mandatory continued airworthiness information (MCAI) states: An A330 aircraft experienced a sudden [uncommanded] nose down order [event] while in cruise. This order was preceded by an automatic autopilot disconnection and triggering of the ‘‘NAV IR1 FAULT’’ Electronic Centralised Aircraft Monitor (ECAM) Caution. Investigations highlighted that at time of the event the Air Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference Unit] was providing erroneous and temporary wrong parameters in a random manner. This abnormal behaviour of the ADR1 led to several consequences such as unjustified stall and over speed warnings, loss of attitude information on Captain Primary Flight Display (PFD) and several ECAM warnings. Among the abnormal parameters, the provided Angle of Attack (AoA) value was such that the flight control computers commanded a sudden [uncommanded] nose down aircraft movement, which constitutes an unsafe condition. At this stage of the investigation, the analysis of available data indicates that ADIRU1 abnormal behaviour is likely at the origin of the event. Due to similar design, the A340 aircraft are also impacted by this issue. In order to prevent the ADR from providing erroneous data to other aircraft systems, EASA [Emergency] AD 2008–0203–E [dated November 19, 2008] was issued to require, in case faulty Inertial Reference (IR) is detected, to isolate both the IR and ADR by accomplishment of a modified Aircraft Flight Manual (AFM) operational procedure. Since that AD [EASA AD 2008–0203–E, dated November 19, 2008] was issued, it has been reported that the ‘‘OFF’’ light did not illuminate in the cockpit after setting the IR and ADR pushbuttons to OFF. Investigation has determined that the ADIRU was indeed sometimes affected by another failure control. To prevent such a failure, the operational procedure has been updated to instruct the flight crew to de-energize the ADIRU if the ‘‘OFF’’ light is not illuminated after setting the IR and ADR pushbuttons to OFF. Consequently, [EASA Emergency] AD 2008– 0225–E [dated December 18, 2008], which superseded [EASA Emergency] AD 2008– 0203–E [dated November 19, 2008], requires accomplishment of the updated AFM operational procedure. Since this second AD was issued [EASA Emergency AD 2008–0225–E, dated December 18, 2008], a new service event has been reported highlighting that, in some failure cases, even though the ‘‘OFF’’ light illuminates in the cockpit after setting the IR and ADR pushbuttons to OFF, the IR could keep providing erroneous data to other systems. In order to address all identified failure cases, de-energizing the affected ADIRU must E:\FR\FM\18FER1.SGM 18FER1 7552 Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Rules and Regulations be done by setting the IR mode rotary selector to OFF. Consequently, this AD, which supersedes AD 2008–0225–E [dated December 18, 2008], requires accomplishment of the updated AFM operational procedure. The anomalies described above could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane. Actions and Compliance (f) Unless already done: Within 14 days after the effective date of this AD, revise the applicable section of the A330 or A340 (Airbus) Flight Manual (FM) by inserting a copy of A330 (Airbus) Temporary Revision (TR) 4.02.00/46, or A340 (Airbus) TR 4.02.00/ 54, both Issue 3, both dated January 13, 2009, as applicable. Thereafter, operate the airplane according to the limitations and procedures in the TRs. When information identical to that in the TR has been included in the general revisions of the FM, the general revisions may be inserted in the FM, and the TR may be removed. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No differences. cprice-sewell on PRODPC61 with RULES Other FAA AD Provisions (g) 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. Send information 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. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (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 FAAapproved 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, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency Emergency Airworthiness Directive 2009–0012–E, dated January 15, 2009; A330 (Airbus) TR 4.02.00/46, Issue 3, dated January 13, 2009; and A340 (Airbus) VerDate Nov<24>2008 11:38 Feb 17, 2009 Jkt 217001 TR 4.02.00/54, Issue 3, dated January 13, 2009; for related information. Material Incorporated by Reference (i) You must use A330 (Airbus) Temporary Revision 4.02.00/46, Issue 3, dated January 13, 2009, to the A330 (Airbus) Flight Manual; or A340 (Airbus) Temporary Revision 4.02.00/54, Issue 3, dated January 13, 2009, to the A340 (Airbus) Flight Manual; as applicable; to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 80; e-mail airworthiness.A330A340@airbus.com; Internet https:// www.airbus.com. (3) You may review copies of the service information that is incorporated by reference 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. (4) You may also review copies of the service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on January 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–3020 Filed 2–17–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0118; Directorate Identifier 2008–CE–073–AD; Amendment 39–15810; AD 2009–04–04] RIN 2120–AA64 Airworthiness Directives; Cessna Aircraft Company Models 401, 401A, 401B, 402, 402A, and 402B Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. Discussion SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 401, 401A, 401B, 402, 402A, and 402B airplanes. This AD requires an inspection of the auxiliary wing spar PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 near the location where the main landing gear trunnion is mounted for cracks; immediate replacement if cracks of 0.5 inch or more are found; repetitive inspections with replacement at a later time as long as cracks of less than 0.5 inch are found; and a report to the FAA and Cessna if any cracks are found. This AD results from several reports of fatigue cracking on the affected airplanes in the auxiliary wing spar. We are issuing this AD to detect and correct such cracks, which, if not corrected, could result in failure of the wing auxiliary spar web and cause landing gear collapse during normal landing. This could lead to loss of control and passenger injury. DATES: This AD becomes effective on March 2, 2009. On March 2, 2009, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive any comments on this AD by April 20, 2009. ADDRESSES: Use one of the following addresses to comment on this AD. • Federal eRulemaking Portal: Go to https://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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this AD, contact Cessna Aircraft Company, P.O. Box 7704, Wichita, Kansas 67277; telephone: (800) 423–7762 or (316) 517–6056; Internet: https://www.cessna.com. To view the comments to this AD, go to https://www.regulations.gov. The docket number is FAA–2009–0118; Directorate Identifier 2008–CE–073–AD. FOR FURTHER INFORMATION CONTACT: Adam Neubauer, Aerospace Engineer, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946– 4156; fax: (316) 946–4107. SUPPLEMENTARY INFORMATION: We have received several reports of fatigue cracking on Cessna Models 402A and 402B airplanes in the area of the auxiliary wing spar where the main landing gear trunnion is mounted. Other models with similar design that share E:\FR\FM\18FER1.SGM 18FER1

Agencies

[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Rules and Regulations]
[Pages 7549-7552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0122; Directorate Identifier 2008-NM-223-AD; 
Amendment 39-15813; AD 2009-04-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes, and Airbus Model A340-200, -300, -500, and -600 Series 
Airplanes

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    An A330 aircraft experienced a sudden [uncommanded] nose down 
order [event] while in cruise. This order was preceded by an 
automatic autopilot disconnection and triggering of the ``NAV IR1 
FAULT'' Electronic Centralised Aircraft Monitor (ECAM) Caution.
    Investigations highlighted that at time of the event the Air 
Data Reference 1 (ADR) part

[[Page 7550]]

of ADIRU1 [Air Data Inertial Reference Unit] was providing erroneous 
and temporary wrong parameters in a random manner. This abnormal 
behaviour of the ADR1 led to several consequences such as 
unjustified stall and over speed warnings, loss of attitude 
information on Captain Primary Flight Display (PFD) and several ECAM 
warnings. Among the abnormal parameters, the provided Angle of 
Attack (AoA) value was such that the flight control computers 
commanded a sudden nose down aircraft movement, which constitutes an 
unsafe condition. * * *
* * * * *
    These anomalies could result in high pilot workload, deviation from 
the intended flight path, and possible loss of control of the airplane. 
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 5, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications, listed in the AD as of March 5, 
2009.
    We must receive comments on this AD by March 20, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, 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 https://
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 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:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2009-0012-E, dated January 15, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    An A330 aircraft experienced a sudden [uncommanded] nose down 
order [event] while in cruise. This order was preceded by an 
automatic autopilot disconnection and triggering of the ``NAV IR1 
FAULT'' Electronic Centralised Aircraft Monitor (ECAM) Caution.
    Investigations highlighted that at time of the event the Air 
Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference 
Unit] was providing erroneous and temporary wrong parameters in a 
random manner. This abnormal behaviour of the ADR1 led to several 
consequences such as unjustified stall and over speed warnings, loss 
of attitude information on Captain Primary Flight Display (PFD) and 
several ECAM warnings. Among the abnormal parameters, the provided 
Angle of Attack (AoA) value was such that the flight control 
computers commanded a sudden [uncommanded] nose down aircraft 
movement, which constitutes an unsafe condition. At this stage of 
the investigation, the analysis of available data indicates that 
ADIRU1 abnormal behaviour is likely at the origin of the event. Due 
to similar design, the A340 aircraft are also impacted by this 
issue.
    In order to prevent the ADR from providing erroneous data to 
other aircraft systems, EASA [Emergency] AD 2008-0203-E [dated 
November 19, 2008] was issued to require, in case faulty Inertial 
Reference (IR) is detected, to isolate both the IR and ADR by 
accomplishment of a modified Aircraft Flight Manual (AFM) 
operational procedure.
    Since that AD [EASA AD 2008-0203-E, dated November 19, 2008] was 
issued, it has been reported that the ``OFF'' light did not 
illuminate in the cockpit after setting the IR and ADR pushbuttons 
to OFF. Investigation has determined that the ADIRU was indeed 
sometimes affected by another failure control.
    To prevent such a failure, the operational procedure has been 
updated to instruct the flight crew to de-energize the ADIRU if the 
``OFF'' light is not illuminated after setting the IR and ADR 
pushbuttons to OFF. Consequently, [EASA Emergency] AD 2008-0225-E 
[dated December 18, 2008], which superseded [EASA Emergency] AD 
2008-0203-E [dated November 19, 2008], requires accomplishment of 
the updated AFM operational procedure.
    Since this second AD was issued [EASA Emergency AD 2008-0225-E, 
dated December 18, 2008], a new service event has been reported 
highlighting that, in some failure cases, even though the ``OFF'' 
light illuminates in the cockpit after setting the IR and ADR 
pushbuttons to OFF, the IR could keep providing erroneous data to 
other systems.
    In order to address all identified failure cases, de-energizing 
the affected ADIRU must be done by setting the IR mode rotary 
selector to OFF. Consequently, this AD, which supersedes AD 2008-
0225-E [dated December 18, 2008], requires accomplishment of the 
updated AFM operational procedure.

The anomalies described above could result in high pilot workload, 
deviation from the intended flight path, and possible loss of control 
of the airplane. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A330 Temporary Revision 4.02.00/46, Issue 3, 
dated January 13, 2009, to the A330 (Airbus) Flight Manual; and A340 
Temporary Revision 4.02.00/54, Issue 3, dated January 13, 2009, to the 
A340 (Airbus) Flight Manual. 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 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 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.

Differences Between the 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 required 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 AD.

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

[[Page 7551]]

the flying public justifies waiving notice and comment prior to 
adoption of this rule to prevent the ADR from providing erroneous data 
to other aircraft systems, which could result in high pilot workload, 
deviation from the intended flight path, and possible loss of control 
of the airplane. Therefore, we determined that notice and opportunity 
for public comment before issuing this AD are impracticable and that 
good cause exists for making this amendment effective in fewer than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0122; Directorate 
Identifier 2008-NM-223-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 https://
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.

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 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 this AD:
    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.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-04-07 Airbus: Amendment 39-15813. Docket No. FAA-2009-0122; 
Directorate Identifier 2008-NM-223-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 5, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200 and -300; and A340-
200, -300, -500, and -600 series airplanes, certificated in any 
category, as listed in paragraphs (c)(1) and (c)(2) of this AD.
    (1) A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -
322, -323, -341, -342, and -343 airplanes, all serial numbers, 
equipped with Northrop-Grumman (formerly Litton) Air Data Inertial 
Reference Units (ADIRUs), part number (P/N) 465020-0303-03ZZ (with 
ZZ from 09 up to 16 inclusive).
    (2) A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes, all serial numbers, equipped with Northrop-Grumman 
(formerly Litton) ADIRUs, P/N 465020-0303-03ZZ (with ZZ from 09 up 
to 16 inclusive).

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    An A330 aircraft experienced a sudden [uncommanded] nose down 
order [event] while in cruise. This order was preceded by an 
automatic autopilot disconnection and triggering of the ``NAV IR1 
FAULT'' Electronic Centralised Aircraft Monitor (ECAM) Caution.
    Investigations highlighted that at time of the event the Air 
Data Reference 1 (ADR) part of ADIRU1 [Air Data Inertial Reference 
Unit] was providing erroneous and temporary wrong parameters in a 
random manner. This abnormal behaviour of the ADR1 led to several 
consequences such as unjustified stall and over speed warnings, loss 
of attitude information on Captain Primary Flight Display (PFD) and 
several ECAM warnings. Among the abnormal parameters, the provided 
Angle of Attack (AoA) value was such that the flight control 
computers commanded a sudden [uncommanded] nose down aircraft 
movement, which constitutes an unsafe condition. At this stage of 
the investigation, the analysis of available data indicates that 
ADIRU1 abnormal behaviour is likely at the origin of the event. Due 
to similar design, the A340 aircraft are also impacted by this 
issue.
    In order to prevent the ADR from providing erroneous data to 
other aircraft systems, EASA [Emergency] AD 2008-0203-E [dated 
November 19, 2008] was issued to require, in case faulty Inertial 
Reference (IR) is detected, to isolate both the IR and ADR by 
accomplishment of a modified Aircraft Flight Manual (AFM) 
operational procedure.
    Since that AD [EASA AD 2008-0203-E, dated November 19, 2008] was 
issued, it has been reported that the ``OFF'' light did not 
illuminate in the cockpit after setting the IR and ADR pushbuttons 
to OFF. Investigation has determined that the ADIRU was indeed 
sometimes affected by another failure control.
    To prevent such a failure, the operational procedure has been 
updated to instruct the flight crew to de-energize the ADIRU if the 
``OFF'' light is not illuminated after setting the IR and ADR 
pushbuttons to OFF. Consequently, [EASA Emergency] AD 2008-0225-E 
[dated December 18, 2008], which superseded [EASA Emergency] AD 
2008-0203-E [dated November 19, 2008], requires accomplishment of 
the updated AFM operational procedure.
    Since this second AD was issued [EASA Emergency AD 2008-0225-E, 
dated December 18, 2008], a new service event has been reported 
highlighting that, in some failure cases, even though the ``OFF'' 
light illuminates in the cockpit after setting the IR and ADR 
pushbuttons to OFF, the IR could keep providing erroneous data to 
other systems.
    In order to address all identified failure cases, de-energizing 
the affected ADIRU must

[[Page 7552]]

be done by setting the IR mode rotary selector to OFF. Consequently, 
this AD, which supersedes AD 2008-0225-E [dated December 18, 2008], 
requires accomplishment of the updated AFM operational procedure.
    The anomalies described above could result in high pilot 
workload, deviation from the intended flight path, and possible loss 
of control of the airplane.

Actions and Compliance

    (f) Unless already done: Within 14 days after the effective date 
of this AD, revise the applicable section of the A330 or A340 
(Airbus) Flight Manual (FM) by inserting a copy of A330 (Airbus) 
Temporary Revision (TR) 4.02.00/46, or A340 (Airbus) TR 4.02.00/54, 
both Issue 3, both dated January 13, 2009, as applicable. 
Thereafter, operate the airplane according to the limitations and 
procedures in the TRs. When information identical to that in the TR 
has been included in the general revisions of the FM, the general 
revisions may be inserted in the FM, and the TR may be removed.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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. Send information 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Emergency 
Airworthiness Directive 2009-0012-E, dated January 15, 2009; A330 
(Airbus) TR 4.02.00/46, Issue 3, dated January 13, 2009; and A340 
(Airbus) TR 4.02.00/54, Issue 3, dated January 13, 2009; for related 
information.

Material Incorporated by Reference

    (i) You must use A330 (Airbus) Temporary Revision 4.02.00/46, 
Issue 3, dated January 13, 2009, to the A330 (Airbus) Flight Manual; 
or A340 (Airbus) Temporary Revision 4.02.00/54, Issue 3, dated 
January 13, 2009, to the A340 (Airbus) Flight Manual; as applicable; 
to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 80; e-mail 
airworthiness.A330-A340@airbus.com; Internet https://www.airbus.com.
    (3) You may review copies of the service information that is 
incorporated by reference 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.
    (4) You may also review copies of the service information at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3020 Filed 2-17-09; 8:45 am]
BILLING CODE 4910-13-P
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