[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Rules and Regulations]
[Pages 53939-53940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27353]



[[Page 53939]]

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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.

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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 FAA-approved 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 Generale 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 FAA-approved 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

[[Page 53940]]

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.


Sec. 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]
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