Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations 53939

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–265–AD; Amendment

39–10163; AD 97–21–10]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Airbus Model

A319, A320, and A321 series airplanes.

This action requires revising the FAAapproved Airplane Flight Manual to

increase monitoring of the flight path of

the airplane to detect certain software

anomalies of the flight management

guidance system (FMGS), and take

appropriate corrective actions. This

amendment is prompted by the issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

ensure that the flightcrew detects and

corrects an unintended flight path if

certain software anomalies of the FMGS

occur, which could result in an

increased risk of collision with terrain

or other airplanes.

DATES: Effective November 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

3, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 17, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

265–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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 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.

FOR FURTHER INFORMATION CONTACT:

Charles Huber, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2589; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, recently notified

the FAA that an unsafe condition may

exist on certain Airbus Model A319,

A320, and A321 series airplanes. The

DGAC advises that a software anomaly

of the flight management guidance

system (FMGS) may affect transition

computations. This condition, if not

detected and corrected, could result in

an unintended flight path, and

consequently, result in an increased risk

of collision with terrain or other

airplanes.

Explanation of Relevant Service

Information

Airbus has issued Model A319/320/

321 Flight Manual Temporary Revision

4.03.00/02, dated May 28, 1997, which

describes procedures for monitoring the

flight path of the airplane to detect

certain software anomalies of the FMGS,

and corrective actions. Accomplishment

of the actions specified in the temporary

revision is intended to adequately

address the identified unsafe condition.

The DGAC classified this temporary

revision as mandatory and issued

French airworthiness directive 97–153–

100(B), dated July 16, 1997, in order to

assure the continued airworthiness of

these airplanes in France.

FAA’s Conclusions

These airplane models are

manufactured in France and are type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the DGAC has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the DGAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to ensure

the flightcrew detects and corrects an

unintended flight path if certain

software anomalies of the FMGS occur,

which could result in an increased risk

of collision with terrain or other

airplanes. This AD requires revising the

Normal Procedures Section of the FAAapproved Airplane Flight Manual

(AFM) to increase monitoring of the

flight path of the airplane to detect

certain software anomalies of the FMGS,

and corrective actions. The actions are

required to be accomplished in

accordance with the temporary revision

described previously.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found 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

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following
53940 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations

statement is made: ‘‘Comments to

Docket Number 97–NM–265–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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

adding the following new airworthiness

directive:

97–21–10 Airbus Industrie: Amendment

39–10163. Docket 97–NM–265–AD.

Applicability: Model A319, A320, and

A321 series airplanes, certificated in any

category; on which any of the following

Airbus Modifications have been installed:

Affected

model(s) Airbus modification installed

A319 and

A321.

25469 (reference Airbus Service Bulletin A320–22–1054).

A319, A320,

and A321.

26093.

A320 .......... 24065 (reference Airbus Service Bulletin A320–22–1040)

or 24067 (reference Airbus

Service Bulletin A320–22–

1039).

A320 .......... 25314 (reference Airbus Service Bulletin A320–22–1051)

or 25315 (reference Airbus

Service Bulletin A320–22–

1050).

A320 and

A321.

24064 (reference Airbus Service Bulletin A320–22–1034)

or 24066 (reference Airbus

Service Bulletin A320–22–

1029).

A320 and

A321.

25199 (reference Airbus Service Bulletin A320–22–1045)

or 25200 (reference Airbus

Service Bulletin A320–22–

1046).

A320 and

A321.

25240 (reference Airbus Service Bulletin A320–22–1033)

or 25274 (reference Airbus

Service Bulletin A320–22–

1056).

A319, A320,

and A321.

26243.

A319 and

A320.

26717.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, 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 ensure that the flightcrew detects and

corrects an unintended flight path if certain

software anomalies of the FMGS occur,

which could result in an increased risk of

collision with terrain or other airplanes,

accomplish the following:

(a) Within 10 days after the effective date

of this AD, revise the Normal Procedures

Section of the FAA-approved Airplane Flight

Manual (AFM) by inserting a copy of Model

A319/320/321 Flight Manual Temporary

Revision 4.03.00/02, dated May 28, 1997,

into the AFM.

Note 2: When the temporary revision

specified in paragraph (a) of this AD has been

incorporated into the general revisions of the

AFM, the general revisions may be inserted

in the AFM, provided the information

contained in the general revisions is identical

to that specified in Model A319/320/321

Flight Manual Temporary Revision 4.03.00/

02.

(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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Operations

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 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.

(d) The AFM revision shall be done in

accordance with Model A319/320/321 Flight

Manual Temporary Revision 4.03.00/02,

dated May 28, 1997. 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 4: The subject of this AD is addressed

in French airworthiness directive 97–153–

100(B), dated July 16, 1997.

(e) This amendment becomes effective on

November 3, 1997.

Issued in Renton, Washington, on October

9, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–27353 Filed 10–16–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AGL–22]

Establishment of Class E Airspace;

Sauk Centre, MN

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace at Sauk Centre, MN. A Global

Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP)

to Runway (RWY) 32 has been