Federal Register / Vol. 68, No. 243 / Thursday, December 18, 2003 / Rules and Regulations 70431

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–57–AD; Amendment 

39–13390; AD 2003–25–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319 and A320 Series Airplanes 

Equipped With Elevator and Aileron 

Computer (ELAC) L80 Standard

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain Airbus Model 

A319 and A320 series airplanes, that 

currently requires revising the airplane 

flight manual to specify procedures for 

landing under certain conditions of 

gusty winds and turbulence. This 

amendment requires replacement of 

both Elevator and Aileron Computers 

(ELACs) having L80 standards with new 

ELACs having L81 standards, which 

terminates the requirements of the 

existing AD. The actions specified by 

this AD are intended to prevent 

activation of the high angle-of-attack 

protection during final approach for 

landing, which could result in loss of 

ability to flare properly during landings. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective January 22, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 22, 

2004.

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 

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: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 2001–08–26, 

amendment 39–12203 (66 FR 20912, 

April 26, 2001), which is applicable to 

certain Airbus Model A319 and A320 

series airplanes, was published in the 

Federal Register on September 18, 2003 

(68 FR 54691). The action proposed to 

require revising the airplane flight 

manual to specify procedures for 

landing under certain conditions of 

gusty winds and turbulence. The action 

also proposed to require replacement of 

both Elevator and Aileron Computers 

(ELACs) having L80 standards with new 

ELACs having L81 standards, which 

would terminate the requirements of the 

existing AD. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

There are approximately 350 

airplanes of U.S. registry that will be 

affected by this AD. 

The AFM revision currently required 

by AD 2001–08–26 takes approximately 

1 work hour per airplane to accomplish, 

at an average labor rate of $65 per work 

hour. Based on these figures, the cost 

impact of the currently required actions 

on U.S. operators is estimated to be 

$22,750, or $65 per airplane. 

The new replacement required in this 

AD action takes approximately 1 work 

hour per airplane to accomplish, at an 

average labor rate of $65 per work hour. 

Required parts will be provided by the 

manufacturer at no cost to operators. 

Based on these figures, the cost impact 

of the replacement on U.S. operators is 

estimated to be $22,750, or $65 per 

airplane. 

The cost impact figures discussed 

above are 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. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

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.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by 

removing amendment 39–12203 (66 FR 

20912, April 26, 2001), and by adding a 

new airworthiness directive (AD), 

amendment 39–13390, to read as 

follows:

2003–25–07 Airbus: Amendment 39–13390. 

Docket 2002–NM–57–AD. Supersedes 

AD 2001–08–26, Amendment 39–12203.

Applicability: Model A319 and A320 series 

airplanes; certificated in any category; 

equipped with Elevator and Aileron 

Computer (ELAC) L80 Standard having part 

numbers listed in Airbus Service Bulletin 

A320–27–1135, dated June 29, 2001. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent activation of the high angle-ofattack protection during final approach for 

landing, which could result in loss of the 

70432 Federal Register / Vol. 68, No. 243 / Thursday, December 18, 2003 / Rules and Regulations 

ability to flare properly during landings, 

accomplish the following:

Restatement of Requirements of AD 2001–

08–26 

Revision of Airplane Flight Manual (AFM) 

(a) Within 10 days after May 11, 2001 (the 

effective date of AD 2001–08–26, amendment 

39–12203): Revise the Limitations Section of 

the AFM to incorporate the following 

procedures. This may be accomplished by 

inserting a copy of this AD into the AFM. 

This action is required until accomplishment 

of paragraph (b) of this AD.

‘‘FOR APPROACH TO RUNWAYS WITH 

KNOWN GUSTY ENVIRONMENT, 

ESPECIALLY IF THESE CONDITIONS 

GENERATE VERTICAL GUSTS DUE TO 

THE SURROUNDING TERRAIN, OR 

—REPORTED GUST WIND INCREMENT 

(MAX. WIND MINUS AVERAGE WIND) 

HIGHER THAN 10 KT, OR 

—EXPECTED MODERATE TO SEVERE 

TURBULENCE ON SHORT FINAL, 

THE FLIGHT CREW SHOULD STRICTLY 

ADHERE TO THE FOLLOWING 

PROCEDURE:

—USE CONF 3 FOR APPROACH AND 

LANDING, 

—MINIMUM VAPP IS VLS + 10 KT; THE 

RECOMMENDATION TO USE 

MANAGED SPEED REMAINS VALID, 

—CORRECT THE LANDING DISTANCE 

FOR THE SPEED INCREMENT, 

—IF ‘‘SINK RATE’’ GPWS WARNING 

OCCURS BELOW 200 FT, 

IMMEDIATELY INITIATE A GO 

AROUND.’’

New Requirements of This AD 

Replacement 

(b) Within 1 year after the effective date of 

this AD: Replace both Elevator and Aileron 

Computers (ELACs) having L80 standards 

with new ELACs having L81 standards, by 

doing all the actions per paragraphs A., B., 

C., and D. of the Accomplishment 

Instructions of Airbus Service Bulletin A320–

27–1135, dated June 29, 2001. 

Accomplishment of this replacement ends 

the requirements in paragraph (a) of this AD. 

Part Installation 

(c) As of the effective date of this AD, no 

person may install on any airplane an ELAC 

having a part number listed in the ‘‘Old Part 

Number’’ column in the table specified in 

paragraph 2.C., ‘‘List of Components,’’ of 

Airbus Service Bulletin A320–27–1135, 

dated June 29, 2001. 

Alternative Methods of Compliance 

(d)(1) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD. 

(2) Alternative methods of compliance, 

approved previously per AD 2001–08–26, 

amendment 39–12203, are approved as 

alternative methods of compliance with 

paragraph (a) of this AD. 

Incorporation by Reference 

(e) Unless otherwise provided in this AD, 

the actions shall be done in accordance with 

Airbus Service Bulletin A320–27–1135, 

dated June 29, 2001. 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 1: The subject of this AD is addressed 

in French airworthiness directive 2001–

508(B), dated October 17, 2001.

Effective Date 

(f) This amendment becomes effective on 

January 22, 2004.

Issued in Renton, Washington, on 

December 5, 2003. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 03–31060 Filed 12–17–03; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–295–AD; Amendment 

39–13385; AD 2003–25–02] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 and 777–300 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Boeing Model 777–

200 and 777–300 series airplanes, that 

requires application of high-temperature 

sealant in designated areas of the strut 

aft dry bay. The actions specified by this 

AD are intended to prevent leakage of 

hydraulic fluid into the strut aft dry bay, 

where high temperatures associated 

with the adjacent primary exhaust 

nozzle may ignite the fluid, resulting in 

an uncontrolled fire in the strut aft dry 

bay. This action is intended to address 

the identified unsafe condition.

DATES: Effective January 22, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 22, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplane 

Group, P.O. Box 3707, Seattle, 

Washington 98124–2207. This 

information may be examined at the 

Federal Aviation Administration (FAA), 

Transport 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: John 

Vann, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6513; 

fax (425) 917–6590.

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 Boeing Model 777–

200 and 777–300 series airplanes was 

published in the Federal Register on 

November 18, 2002 (67 FR 69493). That 

action proposed to require application 

of high-temperature sealant to the strut 

aft dry bay. 

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. 

Add Inspection To Determine Whether 

Sealant Was Applied During 

Production 

Several commenters stated that, in 

some of the airplanes on the effectivity 

list of Boeing Alert Service Bulletin 

777–54A0016, dated January 25, 2001, 

(referenced in the proposed rule as the 

appropriate service bulletin), hightemperature sealant had been applied to 

the strut aft dry bay at the factory during 

production with no signs of damage or 

leakage. According to these 

commenters, The Boeing Company 

confirmed that not all the airplanes on 

the effectivity list were delivered with 

sealant missing from the designated 

areas of the strut aft dry bay. The 

commenters request, therefore, that the 

AD (1) add an inspection of those areas 

to determine whether sealant had been 

applied during production, and (2) 

require application of sealant only if 

had not been applied. 

The FAA concurs with the 

commenters’ request. We requested and 

subsequently approved a revision to the 

Boeing service bulletin. Service Bulletin 

777–54A0016, Revision 1, dated July 10, 

2003, adds an inspection for hightemperature sealant in the designated 

areas of the strut aft bay. If it is found