Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes, Model A340-200 and -300 Series Airplanes, and Model A340-541 and -642 Airplanes, 45550-45553 [E9-21368]

Download as PDF 45550 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations regarding lightning, § 25.1316, HIRF, § 25.1317, and existing HIRF special conditions for the Boeing Model 737– 600/–700/–700C/–800/–900 and 900ER series airplanes, SC–25–ANM–132, are incorporated by reference for the purpose of measuring lightning and HIRF protection. For the purposes of complying with HIRF requirements, the inflatable lapbelt system is considered a ‘‘critical system’’ if its deployment could have a hazardous effect on the airplane; otherwise it is considered an ‘‘essential’’ system. 10. The inflatable lapbelt must function properly after loss of normal aircraft electrical power, and after a transverse separation of the fuselage at the most critical location. A separation at the location of the lapbelt does not have to be considered. 11. It must be shown that the inflatable lapbelt will not release hazardous quantities of gas or particulate matter into the cabin. 12. The inflatable lapbelt installation must be protected from the effects of fire such that no hazard to occupants will result. 13. There must be a means for a crewmember to verify the integrity of the inflatable lapbelt activation system prior to each flight or it must be demonstrated to reliably operate between inspection intervals. 14. The inflatable material may not have an average burn rate of greater than 2.5 inches/minute when tested using the horizontal flammability test as defined in 14 CFR part 25, appendix F, part I, paragraph (b)(5). Issued in Renton, Washington, on August 7, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–21299 Filed 9–2–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. FAA–2009–0781; Directorate Identifier 2009–NM–111–AD; Amendment 39–16004; AD 2009–18–08] jlentini on DSKJ8SOYB1PROD with RULES RIN 2120–AA64 Airworthiness Directives; Airbus Model A330–200 and –300 Series Airplanes, Model A340–200 and –300 Series Airplanes, and Model A340–541 and –642 Airplanes VerDate Nov<24>2008 16:15 Sep 02, 2009 Jkt 217001 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330–200 and –300 series airplanes, Model A340–200 and –300 series airplanes, and Model A340–541 and –642 airplanes. This AD requires replacing certain Thales Avionics pitot probes with certain other pitot probes. This AD results from reports of airspeed indication discrepancies while flying at high altitudes in inclement weather conditions. We are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane. DATES: This AD becomes effective September 8, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 8, 2009. We must receive comments on this AD by October 5, 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 W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket Federal Aviation Administration AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility 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 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, PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 a Notification of a Proposal to Issue an Airworthiness Directive (PAD), PAD 09–099, dated August 10, 2009 (referred to after this as ‘‘the EASA PAD’’), to correct an unsafe condition for certain Airbus Model A330–200 and –300 series airplanes, Model A340–200 and –300 series airplanes, and Model A340–541 and –642 airplanes. The EASA PAD states that airspeed indication discrepancies have been reported on Model A330 and A340 airplanes while flying at high altitudes in inclement weather conditions. Investigation results indicate that these airplanes equipped with certain Thales Avionics pitot probes appear to have a greater susceptibility to adverse environmental conditions than certain other pitot probes. The EASA PAD also states that a new Thales Avionics pitot probe having part number (P/N) C16195BA has been designed, which improves the airspeed indication behavior in heavy rain conditions on Model A320 airplanes. This same pitot probe standard has been made available as an optional installation on Model A330 and A340 airplanes, and although this has shown to be an improvement over the previous Thales Avionics pitot probe, P/N C16195AA standard, it has not yet demonstrated the same level of robustness to withstand high-altitude ice crystals as Goodrich pitot probes having P/N 0851HL. We are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane. Other Relevant Rulemaking On February 4, 2004, we issued AD 2004–03–33, Amendment 39–13477 (69 FR 9936, March 3, 2004), for certain Airbus Model A300 B2 and B4 series airplanes; Model A300 B4–600, A300 B4–600R, and A300 F4–600R series airplanes (collectively called A300– 600); Model A310 series airplanes; Model A319, A320, and A321 series E:\FR\FM\03SER1.SGM 03SER1 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations airplanes; Model A330–301, –321, –322, –341, and –342 airplanes; and Model A340 series airplanes. Paragraphs (g)(1) and (h)(1) of that AD require, for some Model A330 and A340 airplanes, replacement of certain pitot probes with Goodrich pitot probes having P/N 0851HL. For other Model A330 and A340 airplanes, paragraphs (g)(2) and (h)(2) of that AD require replacement of certain pitot probes with Thales 45551 Avionics pitot probe having P/N C16195AA. Relevant Service Information Airbus has issued the service bulletins listed in the following table: TABLE—SERVICE BULLETINS Service Bulletin Airbus Airbus Airbus Airbus Airbus Airbus Mandatory Service Bulletin A330–34–3231 ........................................... Mandatory Service Bulletin A340–34–4238 ........................................... Mandatory Service Bulletin A340–34–5071 ........................................... Service Bulletin A330–34–3206 ............................................................. Service Bulletin A340–34–4200 ............................................................. Service Bulletin A340–34–5068 ............................................................. Airbus Service Bulletins A330–34– 3206, A340–34–4200, and A340–34– 5068 describe procedures for replacing Thales Avionics pitot probes, P/N C16195AA, in positions 1, 2, and 3 (captain, first officer, and standby, respectively) with Thales Avionics pitot probes, P/N C16195BA in those positions. Airbus Mandatory Service Bulletins A330–34–3231, A340–34–4238, and A340–34–5071 describe procedures for replacing Thales Avionics pitot probes, P/N C16195BA, in positions 1 and 3 (captain and standby, respectively) with a Goodrich pitot probe, P/N 0851HL, in those positions. FAA’s Determination and Requirements of This AD jlentini on DSKJ8SOYB1PROD with RULES Revision 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 service information referenced above. We are issuing 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. We have reviewed the EASA PAD, which proposes to require replacing certain Thales Avionics pitot probes installed on certain Airbus Model A330 and A340 airplanes. Additionally, we have reviewed the numerous airspeed anomalies recently reported on Model A330 and A340 airplanes. Based on our review, we have determined that an unsafe condition exists and immediate airworthiness action for the Model A330 and A340 fleet is warranted. Therefore, we are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate VerDate Nov<24>2008 16:15 Sep 02, 2009 Jkt 217001 Original ................................................ Original ................................................ Original ................................................ 01 ........................................................ 01 ........................................................ Original ................................................ law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane. This AD requires replacing Thales Avionics pitot probes having P/N C16195AA and P/N C16195BA at positions 1 (captain) and 3 (standby) with Goodrich pitot probes having P/N 0851HL at positions 1 and 3. This AD also requires replacing Thales Avionics pitot probes having P/N C16195AA at position 2 (first officer) with Thales Avionics pitot probes having P/N C16195BA at position 2. In addition, this AD provides for optional installation of Goodrich pitot probes having P/N 0851HL at position 2. We have determined that doing the actions in this new AD terminates the requirements of paragraphs (g)(2) and (h)(2) of AD 2004–03–33, and also is acceptable for compliance with paragraphs (g)(1) and (h)(1) of AD 2004– 03–33. We might consider further rulemaking to revise AD 2004–03–33. This AD corresponds to the EASA PAD, which addresses the identified unsafe condition on Model A330 and A340 airplanes. AD 2004–03–33 is applicable to Model A330 and A340 airplanes and other Airbus airplane models. We might consider further rulemaking to address other Airbus models. FAA’s Justification and Determination of the Effective Date Airspeed discrepancies could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane. Because of our requirement to promote safe flight of civil aircraft and thus, the critical need PO 00000 Frm 00015 Fmt 4700 Date Sfmt 4700 August 12, 2009. August 12, 2009. August 12, 2009. November 12, 2008. November 12, 2008. December 1, 2008. to assure the proper functioning of the pitot probes, and the short compliance time involved with this action, this AD must be issued immediately. The required compliance time of 120 days is usually sufficient to allow for a brief comment period before adoption of a final rule. In this AD, however, the compliance time of 120 days was selected because of a short-term problem with the availability of sufficient replacement parts; a shorter compliance time might have resulted in the unnecessary removal of airplanes from service pending delivery of replacement parts. Nevertheless, we have determined that immediate adoption of this AD is necessary in this case because of the importance of initiating the required replacements as soon as possible. Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon 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 we did not provide you with notice and an opportunity to provide your comments before it becomes effective. 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 ‘‘Docket No. FAA– 2009–0781; Directorate Identifier 2009– NM–111–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. E:\FR\FM\03SER1.SGM 03SER1 45552 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 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 have 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 that the regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Subject (d) Air Transport Association (ATA) of America Code 34: Navigation. Unsafe Condition 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 having part number (P/N) C16195AA or C16195BA. (1) Airbus Model A330–201, A330–202, A330–203, A330–223, A330–243, A330–301, A330–302, A330–303, A330–321, A330–322, A330–323, A330–341, A330–342, and A330– 343 series airplanes. (2) Airbus Model A340–211, A340–212, A340–213, A340–311, A340–312, and A340– 313 series airplanes. (3) Airbus Model A340–541 and A340–642 airplanes. [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2009–18–08 Airbus: Amendment 39–16004. Docket No. FAA–2009–0781; Directorate Identifier 2009–NM–111–AD. Effective Date (a) This AD becomes effective September 8, 2009. Affected ADs (b) This AD affects AD 2004–03–33, Amendment 39–13477. Applicability (c) This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, equipped with Thales Avionics pitot probes (e) This AD results from reports of airspeed indication discrepancies while flying at high altitudes in inclement weather conditions. We are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or autothrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Replacement (g) Within 120 days after the effective date of this AD, accomplish the applicable replacements required by paragraphs (g)(1) and (g)(2) of this AD. (1) For airplanes equipped with Thales Avionics pitot probes, P/N C16195AA, in position 2 (first officer): Replace the P/N C16195AA pitot probe with a Thales Avionics pitot probe having P/N C16195BA, in accordance with the Accomplishment Instructions of the applicable service bulletin listed in Table 1 of this AD. TABLE 1—SERVICE BULLETINS FOR REPLACEMENTS SPECIFIED IN PARAGRAPH (g)(1) OF THIS AD Use Airbus Service Bulletin— Revision— Dated— A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 series airplanes. A340–211, –212, –213, –311, –312, and –313 series airplanes. A340–541 and –642 airplanes ............................................. jlentini on DSKJ8SOYB1PROD with RULES For model— A330–34–3206 ..................... 01 ......................................... November 12, 2008. A340–34–4200 ..................... 01 ......................................... November 12, 2008. A340–34–5068 ..................... Original ................................. December 1, 2008. (2) For airplanes equipped with Thales Avionics pitot probes, P/N C16195AA or P/N C16195BA, in position 1 (captain) or 3 VerDate Nov<24>2008 16:15 Sep 02, 2009 Jkt 217001 (standby): Replace P/N C16195AA and P/N C16195BA pitot probes with Goodrich pitot probes having P/N 0851HL, in accordance PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 with the Accomplishment Instructions of the applicable service bulletin listed in Table 2 of this AD. E:\FR\FM\03SER1.SGM 03SER1 45553 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations TABLE 2—SERVICE BULLETINS FOR REPLACEMENTS SPECIFIED IN PARAGRAPH (g)(2) OF THIS AD For model— Use Airbus Mandatory Service Bulletin— Revision— Dated— A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 series airplanes. A340–211, –212, –213, –311, –312, and –313 series airplanes. A340–541 and –642 airplanes ............................................... A330–34–3231 ...................... Original .................................. August 12, 2009. A340–34–4238 ...................... Original .................................. August 12, 2009. A340–34–5071 ...................... Original .................................. August 12, 2009. Optional Replacement (h) Installing Goodrich pitot probes having P/N 0851HL in position 2 (first officer), in accordance with a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent); is acceptable for compliance with the requirements of paragraph (g)(1) of this AD. Credit for Actions Done in Accordance With Previous Issues of Service Bulletins (i) Accomplishing the replacement required by paragraph (g)(1) of this AD before the effective date of this AD, in accordance with Airbus Service Bulletin A330–34–3206, dated September 14, 2007; or Airbus Service Bulletin A340–34–4200, dated September 14, 2007; as applicable, is acceptable for compliance with the corresponding action required by paragraph (g)(1) of this AD. Related AD 2004–03–33 (j) Doing the applicable replacements required by this AD terminates the replacements required by paragraphs (g)(2) and (h)(2) of AD 2004–03–33. (k) Doing the applicable replacements required by this AD is acceptable for compliance with the replacements required by paragraphs (g)(1) and (h)(1) of AD 2004– 03–33. Alternative Methods of Compliance (AMOCs) (l) 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. The AMOC approval letter must specifically reference this AD. Related Information (m) None. Material Incorporated by Reference (n) You must use the applicable service information contained in Table 3 of this AD 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; telephone +33 5 61 93 36 96; 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 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 that is incorporated by reference 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. TABLE 3—MATERIAL INCORPORATED BY REFERENCE Service Bulletin Airbus Airbus Airbus Airbus Airbus Airbus Revision Mandatory Service Bulletin A330–34–3231 ............................................... Mandatory Service Bulletin A340–34–4238 ............................................... Mandatory Service Bulletin A340–34–5071 ............................................... Service Bulletin A330–34–3206 ................................................................. Service Bulletin A340–34–4200 ................................................................. Service Bulletin A340–34–5068 ................................................................. Issued in Renton, Washington, on August 24, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–21368 Filed 9–2–09; 8:45 am] BILLING CODE 4910–13–P Date Original .................................................. Original .................................................. Original .................................................. 01 .......................................................... 01 .......................................................... Original .................................................. August 12, 2009. August 12, 2009. August 12, 2009. November 12, 2008. November 12, 2008. December 1, 2008. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2008–0763; Airspace Docket No. 08–AAL–22] jlentini on DSKJ8SOYB1PROD with RULES Establishment of Class E Airspace; Quinhagak, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace at Quinhagak, AK to provide VerDate Nov<24>2008 16:15 Sep 02, 2009 Jkt 217001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Quinhagak Airport at Quinhagak, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Also, this action makes a minor correction to the geographic coordinates for the airport. This action establishes Class E airspace upward from 700 feet (ft.) above the surface at Quinhagak Airport, Quinhagak, AK. DATES: Effective Date: 0901 UTC, October 22, 2009. The Director of the Federal Register approves this E:\FR\FM\03SER1.SGM 03SER1

Agencies

[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45550-45553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21368]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0781; Directorate Identifier 2009-NM-111-AD;
Amendment 39-16004; AD 2009-18-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes, Model A340-200 and -300 Series Airplanes, and Model A340-541
and -642 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Model A330-200 and -300 series airplanes, Model A340-200
and -300 series airplanes, and Model A340-541 and -642 airplanes. This
AD requires replacing certain Thales Avionics pitot probes with certain
other pitot probes. This AD results from reports of airspeed indication
discrepancies while flying at high altitudes in inclement weather
conditions. We are issuing this AD to prevent airspeed discrepancies,
which could lead to disconnection of the autopilot and/or auto-thrust
functions, and reversion to flight control alternate law and consequent
increased pilot workload. Depending on the prevailing airplane altitude
and weather, this condition, if not corrected, could result in reduced
control of the airplane.

DATES: This AD becomes effective September 8, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 8,
2009.
We must receive comments on this AD by October 5, 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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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 Management Facility
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 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 a
Notification of a Proposal to Issue an Airworthiness Directive (PAD),
PAD 09-099, dated August 10, 2009 (referred to after this as ``the EASA
PAD''), to correct an unsafe condition for certain Airbus Model A330-
200 and -300 series airplanes, Model A340-200 and -300 series
airplanes, and Model A340-541 and -642 airplanes. The EASA PAD states
that airspeed indication discrepancies have been reported on Model A330
and A340 airplanes while flying at high altitudes in inclement weather
conditions. Investigation results indicate that these airplanes
equipped with certain Thales Avionics pitot probes appear to have a
greater susceptibility to adverse environmental conditions than certain
other pitot probes.
The EASA PAD also states that a new Thales Avionics pitot probe
having part number (P/N) C16195BA has been designed, which improves the
airspeed indication behavior in heavy rain conditions on Model A320
airplanes. This same pitot probe standard has been made available as an
optional installation on Model A330 and A340 airplanes, and although
this has shown to be an improvement over the previous Thales Avionics
pitot probe, P/N C16195AA standard, it has not yet demonstrated the
same level of robustness to withstand high-altitude ice crystals as
Goodrich pitot probes having P/N 0851HL.
We are issuing this AD to prevent airspeed discrepancies, which
could lead to disconnection of the autopilot and/or auto-thrust
functions, and reversion to flight control alternate law and consequent
increased pilot workload. Depending on the prevailing airplane altitude
and weather, this condition, if not corrected, could result in reduced
control of the airplane.

Other Relevant Rulemaking

On February 4, 2004, we issued AD 2004-03-33, Amendment 39-13477
(69 FR 9936, March 3, 2004), for certain Airbus Model A300 B2 and B4
series airplanes; Model A300 B4-600, A300 B4-600R, and A300 F4-600R
series airplanes (collectively called A300-600); Model A310 series
airplanes; Model A319, A320, and A321 series

[[Page 45551]]

airplanes; Model A330-301, -321, -322, -341, and -342 airplanes; and
Model A340 series airplanes. Paragraphs (g)(1) and (h)(1) of that AD
require, for some Model A330 and A340 airplanes, replacement of certain
pitot probes with Goodrich pitot probes having P/N 0851HL. For other
Model A330 and A340 airplanes, paragraphs (g)(2) and (h)(2) of that AD
require replacement of certain pitot probes with Thales Avionics pitot
probe having P/N C16195AA.

Relevant Service Information

Airbus has issued the service bulletins listed in the following
table:

Table--Service Bulletins
----------------------------------------------------------------------------------------------------------------
Service Bulletin Revision Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330- Original................... August 12, 2009.
34-3231.
Airbus Mandatory Service Bulletin A340- Original................... August 12, 2009.
34-4238.
Airbus Mandatory Service Bulletin A340- Original................... August 12, 2009.
34-5071.
Airbus Service Bulletin A330-34-3206.... 01......................... November 12, 2008.
Airbus Service Bulletin A340-34-4200.... 01......................... November 12, 2008.
Airbus Service Bulletin A340-34-5068.... Original................... December 1, 2008.
----------------------------------------------------------------------------------------------------------------

Airbus Service Bulletins A330-34-3206, A340-34-4200, and A340-34-
5068 describe procedures for replacing Thales Avionics pitot probes, P/
N C16195AA, in positions 1, 2, and 3 (captain, first officer, and
standby, respectively) with Thales Avionics pitot probes, P/N C16195BA
in those positions.
Airbus Mandatory Service Bulletins A330-34-3231, A340-34-4238, and
A340-34-5071 describe procedures for replacing Thales Avionics pitot
probes, P/N C16195BA, in positions 1 and 3 (captain and standby,
respectively) with a Goodrich pitot probe, P/N 0851HL, in those
positions.

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 service
information referenced above. We are issuing 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.
We have reviewed the EASA PAD, which proposes to require replacing
certain Thales Avionics pitot probes installed on certain Airbus Model
A330 and A340 airplanes. Additionally, we have reviewed the numerous
airspeed anomalies recently reported on Model A330 and A340 airplanes.
Based on our review, we have determined that an unsafe condition exists
and immediate airworthiness action for the Model A330 and A340 fleet is
warranted.
Therefore, we are issuing this AD to prevent airspeed
discrepancies, which could lead to disconnection of the autopilot and/
or auto-thrust functions, and reversion to flight control alternate law
and consequent increased pilot workload. Depending on the prevailing
airplane altitude and weather, this condition, if not corrected, could
result in reduced control of the airplane. This AD requires replacing
Thales Avionics pitot probes having P/N C16195AA and P/N C16195BA at
positions 1 (captain) and 3 (standby) with Goodrich pitot probes having
P/N 0851HL at positions 1 and 3. This AD also requires replacing Thales
Avionics pitot probes having P/N C16195AA at position 2 (first officer)
with Thales Avionics pitot probes having P/N C16195BA at position 2. In
addition, this AD provides for optional installation of Goodrich pitot
probes having P/N 0851HL at position 2.
We have determined that doing the actions in this new AD terminates
the requirements of paragraphs (g)(2) and (h)(2) of AD 2004-03-33, and
also is acceptable for compliance with paragraphs (g)(1) and (h)(1) of
AD 2004-03-33. We might consider further rulemaking to revise AD 2004-
03-33.
This AD corresponds to the EASA PAD, which addresses the identified
unsafe condition on Model A330 and A340 airplanes. AD 2004-03-33 is
applicable to Model A330 and A340 airplanes and other Airbus airplane
models. We might consider further rulemaking to address other Airbus
models.

FAA's Justification and Determination of the Effective Date

Airspeed discrepancies could lead to disconnection of the autopilot
and/or auto-thrust functions, and reversion to flight control alternate
law and consequent increased pilot workload. Depending on the
prevailing airplane altitude and weather, this condition, if not
corrected, could result in reduced control of the airplane. Because of
our requirement to promote safe flight of civil aircraft and thus, the
critical need to assure the proper functioning of the pitot probes, and
the short compliance time involved with this action, this AD must be
issued immediately.
The required compliance time of 120 days is usually sufficient to
allow for a brief comment period before adoption of a final rule. In
this AD, however, the compliance time of 120 days was selected because
of a short-term problem with the availability of sufficient replacement
parts; a shorter compliance time might have resulted in the unnecessary
removal of airplanes from service pending delivery of replacement
parts. Nevertheless, we have determined that immediate adoption of this
AD is necessary in this case because of the importance of initiating
the required replacements as soon as possible.
Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon 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 we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. 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
``Docket No. FAA-2009-0781; Directorate Identifier 2009-NM-111-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.

[[Page 45552]]

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 have 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 that the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

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

2009-18-08 Airbus: Amendment 39-16004. Docket No. FAA-2009-0781;
Directorate Identifier 2009-NM-111-AD.

Effective Date

(a) This AD becomes effective September 8, 2009.

Affected ADs

(b) This AD affects AD 2004-03-33, Amendment 39-13477.

Applicability

(c) This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
equipped with Thales Avionics pitot probes having part number (P/N)
C16195AA or C16195BA.
(1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323,
A330-341, A330-342, and A330-343 series airplanes.
(2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, and A340-313 series airplanes.
(3) Airbus Model A340-541 and A340-642 airplanes.

Subject

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

Unsafe Condition

(e) This AD results from reports of airspeed indication
discrepancies while flying at high altitudes in inclement weather
conditions. We are issuing this AD to prevent airspeed
discrepancies, which could lead to disconnection of the autopilot
and/or auto-thrust functions, and reversion to flight control
alternate law and consequent increased pilot workload. Depending on
the prevailing airplane altitude and weather, this condition, if not
corrected, could result in reduced control of the airplane.

Compliance

(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Replacement

(g) Within 120 days after the effective date of this AD,
accomplish the applicable replacements required by paragraphs (g)(1)
and (g)(2) of this AD.
(1) For airplanes equipped with Thales Avionics pitot probes, P/
N C16195AA, in position 2 (first officer): Replace the P/N C16195AA
pitot probe with a Thales Avionics pitot probe having P/N C16195BA,
in accordance with the Accomplishment Instructions of the applicable
service bulletin listed in Table 1 of this AD.

Table 1--Service Bulletins for Replacements Specified in Paragraph (g)(1) of This AD
----------------------------------------------------------------------------------------------------------------
Use Airbus Service
For model-- Bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
A330-201, -202, -203, -223, -243, - A330-34-3206......... 01................... November 12, 2008.
301, -302, -303, -321, -322, -
323, -341, -342, and -343 series
airplanes.
A340-211, -212, -213, -311, -312, A340-34-4200......... 01................... November 12, 2008.
and -313 series airplanes.
A340-541 and -642 airplanes....... A340-34-5068......... Original............. December 1, 2008.
----------------------------------------------------------------------------------------------------------------

(2) For airplanes equipped with Thales Avionics pitot probes, P/
N C16195AA or P/N C16195BA, in position 1 (captain) or 3 (standby):
Replace P/N C16195AA and P/N C16195BA pitot probes with Goodrich
pitot probes having P/N 0851HL, in accordance with the
Accomplishment Instructions of the applicable service bulletin
listed in Table 2 of this AD.

[[Page 45553]]

Table 2--Service Bulletins for Replacements Specified in Paragraph (g)(2) of This AD
----------------------------------------------------------------------------------------------------------------
Use Airbus Mandatory
For model-- Service Bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
A330-201, -202, -203, -223, -243, - A330-34-3231.......... Original.............. August 12, 2009.
301, -302, -303, -321, -322, -323,
-341, -342, and -343 series
airplanes.
A340-211, -212, -213, -311, -312, A340-34-4238.......... Original.............. August 12, 2009.
and -313 series airplanes.
A340-541 and -642 airplanes........ A340-34-5071.......... Original.............. August 12, 2009.
----------------------------------------------------------------------------------------------------------------

Optional Replacement

(h) Installing Goodrich pitot probes having P/N 0851HL in
position 2 (first officer), in accordance with a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA) (or its delegated agent); is acceptable for compliance with
the requirements of paragraph (g)(1) of this AD.

Credit for Actions Done in Accordance With Previous Issues of Service
Bulletins

(i) Accomplishing the replacement required by paragraph (g)(1)
of this AD before the effective date of this AD, in accordance with
Airbus Service Bulletin A330-34-3206, dated September 14, 2007; or
Airbus Service Bulletin A340-34-4200, dated September 14, 2007; as
applicable, is acceptable for compliance with the corresponding
action required by paragraph (g)(1) of this AD.

Related AD 2004-03-33

(j) Doing the applicable replacements required by this AD
terminates the replacements required by paragraphs (g)(2) and (h)(2)
of AD 2004-03-33.
(k) Doing the applicable replacements required by this AD is
acceptable for compliance with the replacements required by
paragraphs (g)(1) and (h)(1) of AD 2004-03-33.

Alternative Methods of Compliance (AMOCs)

(l) 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. The AMOC approval letter must
specifically reference this AD.

Related Information

(m) None.

Material Incorporated by Reference

(n) You must use the applicable service information contained in
Table 3 of this AD 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; telephone +33 5 61 93 36 96;
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 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 that
is incorporated by reference 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.

Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
Service Bulletin Revision Date
------------------------------------------------------------------------
Airbus Mandatory Service Original....... August 12, 2009.
Bulletin A330-34-3231.
Airbus Mandatory Service Original....... August 12, 2009.
Bulletin A340-34-4238.
Airbus Mandatory Service Original....... August 12, 2009.
Bulletin A340-34-5071.
Airbus Service Bulletin A330- 01............. November 12, 2008.
34-3206.
Airbus Service Bulletin A340- 01............. November 12, 2008.
34-4200.
Airbus Service Bulletin A340- Original....... December 1, 2008.
34-5068.
------------------------------------------------------------------------

Issued in Renton, Washington, on August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21368 Filed 9-2-09; 8:45 am]
BILLING CODE 4910-13-P

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