[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37026-37028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14434]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-22-AD; Amendment 39-11774; AD 2000-11-25]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320-232 and -233 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320-232 and -233 series airplanes, 
that requires replacement of the fuel metering units (FMU) of each 
engine with modified FMU's. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent an inadvertent increase in thrust, which could result in 
reduced controllability of the airplane during final approach.

DATES: Effective July 18, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 18, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport

[[Page 37027]]

Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A320-232 and 
-233 series airplanes was published in the Federal Register on March 
27, 2000 (65 FR 16157). That action proposed to require replacement of 
the fuel metering units (FMU) of each engine with new FMU's.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposed rule.

Extension of Compliance Threshold

    One commenter, an operator, requests that the compliance threshold 
in the proposed AD be revised to allow the FMU replacements to be 
completed by December 31, 2001, as recommended in the related Airbus 
service bulletin. The commenter states that the FMU manufacturer has 
indicated that its capacity for modification of existing units and 
manufacture of new units will not be sufficient to meet the 12-month 
deadline that was specified in the proposed AD.
    The FAA concurs with this request. Based on information received 
since issuance of the proposed AD, the available supply of FMU's will 
be inadequate to meet the replacement requirements of the AD in the 
time proposed. In light of this situation, the FAA has determined that 
extending the compliance time to ``18 months after the effective date 
of this AD'' will accommodate the time necessary for affected operators 
to obtain replacement parts without adversely affecting safety. The FAA 
considers that this extension will be approximately equivalent to the 
calendar date suggested by the commenter. The final rule has been 
revised accordingly.

Reference to FMU Replacement Parts

    The same commenter suggests that the proposed AD be revised to 
refer to replacement of FMU's with ``upgraded'' or ``modified'' FMU's. 
The commenter states that, although the proposed AD requires 
replacement of the FMU's with ``new'' FMU's, the existing (old) 
configuration FMU's also can be modified, reidentified, and 
reinstalled. The commenter states that rewording the AD will avoid the 
possible misinterpretation that only new (zero total time) FMU's are 
acceptable as replacement parts.
    The FAA acknowledges that clarification of the requirements is 
necessary. The FAA's intent in the proposal was to require replacement 
of the FMU's with FMU's having a different part number, as specified in 
Airbus Service Bulletin A320-73-1067, dated August 11, 1999. That 
service bulletin is referenced in the proposed AD as the appropriate 
source of service information. Although the term ``new'' could be 
construed as installing a new unit of the same part number, the FAA 
notes that replacement with the same part number is not specified in 
the service bulletin. To avoid confusion, the FAA has revised the final 
rule to specify that FMU's are to be replaced with ``modified'' FMU's.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 77 series airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 14 work hours per 
airplane (7 work hours per engine) to accomplish the required 
replacements, and that the average labor rate is $60 per work hour. 
Required parts will be provided by the manufacturer or vendor at no 
cost to the operators. Based on these figures, the cost impact of the 
AD on U.S. operators is estimated to be $64,680, or $840 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein 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.
    Therefore, it is determined that this final rule does not have 
federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
``ADDRESSES.''

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-11-25  Airbus Industrie: Amendment 39-11774. Docket 2000-NM-22-
AD.

    Applicability: Model A320-232 and -233 series airplanes, 
certificated in any category, except those airplanes on which Airbus 
Modification 27146 or 28006 has been installed, or on which Airbus 
Service Bulletin A320-73-1067 has been accomplished.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified,

[[Page 37028]]

altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an inadvertent increase in thrust, which could result 
in reduced controllability of the airplane during final approach, 
accomplish the following:

Replacement

    (a) Within 18 months after the effective date of this AD, 
replace the fuel metering units (FMU) of each engine with modified 
FMU's, in accordance with Airbus Service Bulletin A320-73-1067, 
dated August 11, 1999.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
Sec. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The replacement shall be done in accordance with Airbus 
Service Bulletin A320-73-1067, dated August 11, 1999. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2000-005-143(B), dated January 12, 2000.

    (e) This amendment becomes effective on July 18, 2000.

    Issued in Renton, Washington, on June 2, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14434 Filed 6-12-00; 8:45 am]
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