[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Proposed Rules]
[Pages 6502-6504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3434]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-252-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 and A321 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Airbus Model A320 
series airplanes, that currently requires revising the Limitations 
Section of the FAA-approved Airplane Flight Manual (AFM) to instruct 
the flight crew to maintain a flap setting of ``Configuration Full'' 
(CONF FULL) during landing. That AD was prompted by a report of severe 
control difficulties which occurred on approach with the flaps locked 
in CONF FULL and the landing gear down. This action would add a 
requirement for installation of a new, improved flight warning computer 
(FWC), which, when accomplished, would constitute terminating action 
for the AFM limitation. This action also would revise the applicability 
of the existing AD to include additional airplanes that are subject to 
the addressed unsafe condition. The actions specified by the proposed 
AD are intended to prevent reduced controllability of the airplane 
during approach when the flaps are locked in CONF FULL.

DATES: Comments must be received by March 24, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-252-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule 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.

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 (206) 
227-2589; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: Comments to 
Docket Number 96-NM-252-AD. The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 96-NM-252-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 15, 1994, the FAA issued AD 94-20-02, amendment 39-
9030 (59 FR 48563, September 22, 1994), applicable to all Airbus Model 
A320 series airplanes, to require revising the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to advise the flight crew 
to maintain ``Configuration Full'' (CONF FULL) during landing 
approaches. That action was prompted by a report of severe control 
difficulties which occurred on approach with the flaps locked in CONF 
FULL and the landing gear down. The requirements of that AD are 
intended to prevent severely reduced controllability of the airplane 
during approach.
    In the preamble to AD 94-20-02, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking is indeed necessary, and this proposed AD follows 
from that determination.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 94-20-02, the FAA has determined that 
Airbus Model A321 series airplanes may be subject to the same unsafe 
condition addressed by AD 94-20-02. Since the FWC installed on those 
airplanes is similar in design to those installed on Model A320 series 
airplanes, the same problems encountered on the Model A320 could 
potentially occur on the Model A321 as well.
    Additionally, since issuance of AD 94-20-02, Airbus has developed 
an improved flight warning computer (FWC) that positively addresses the 
control difficulties addressed by AD 94-20-02. Installation of the FWC 
will ensure adequate controllability of the airplane during approach 
with the flaps locked in CONF FULL and the landing gear down.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-31-1080, Revision 01, dated 
July 12, 1996, which describes procedures for installation of a new, 
improved FWC that defines a new standard common to Airbus Model A320 
and A321 series airplanes. Among other actions, the service bulletin 
describes modifications that correct certain FWC parts and that 
implement predictive windshear function capability. The Direction 
Generale de l'Aviation Civile (DGAC), which is the airworthiness 
authority for France, classified this service bulletin as mandatory and 
issued French airworthiness directive 96-079-079(B), dated April 10, 
1996, 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

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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 Proposed 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, the proposed AD would supersede AD 94-20-02. It 
would continue to require revising the AFM of Model A320 series 
airplanes to instruct the flight crew to maintain CONF FULL during 
landing approaches for Airbus Model A320 series airplanes.
    This proposal also would require the same AFM revision for Airbus 
Model A321 series airplanes.
    Additionally, this proposal would require installation of a new, 
improved FWC on all airplanes as terminating action for the AFM 
limitations. The previously required AFM revision must be removed after 
the new, improved FWC has been installed. The installation would be 
required to be accomplished in accordance with the service bulletin 
described previously.

Cost Impact

    There are approximately 109 Airbus Model A320 series airplanes of 
U.S. registry that would be affected by this proposed AD.
    The actions that are currently required by AD 94-20-02 (revision of 
the AFM) take approximately 1 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the actions currently required on U.S. operators is 
estimated to be $6,540, or $60 per airplane.
    The new actions that are proposed in this AD action (installation 
of new, improved FWC) would take approximately 3 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts would be provided to operators by the manufacturer at no 
cost. Based on these figures, the cost impact of the proposed 
requirements on U.S. operators of Model A320 series airplanes is 
estimated to be $19,620, or $180 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    None of the Model A321 series airplanes affected by this proposed 
action are on the U.S. Register. All of those airplanes that are 
included in the applicability of this proposal currently are operated 
by non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this proposed AD action. However, the FAA 
considers that inclusion of those airplanes in the applicability of 
this proposed rule is necessary to ensure that the unsafe condition is 
addressed in the event that any of these airplanes are imported and 
placed on the U.S. Register in the future.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-9030 (59 FR 
48563, September 22, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 96-NM-252-AD. Supersedes AD 94-20-02, 
Amendment 39-9030.

    Applicability: Model A320 and A321 series airplanes, on which 
Airbus Modification 24612 or Airbus Service Bulletin A320-31-1080 
has not been accomplished; certificated in any category.

    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 otherwise 
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 (c) 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 severely reduced controllability of the airplane 
during approach, accomplish the following:
    (a) At the applicable time specified in either paragraph (a)(1) 
or (a)(2) of this AD, revise the Limitations Section of the FAA-
approved Airplane Flight Manual (AFM) to include the information 
specified in Airbus A320/A321 Flight Manual Temporary Revision 
9.99.99/20, dated June 14, 1994.

    Note 2: This may be accomplished by inserting a copy of Airbus 
A320/A321 Flight Manual Temporary Revision 9.99.99/20, dated June 
14, 1994, in the AFM. When this temporary revision has been 
incorporated in 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 
Temporary Revision 9.99.99/20.

    (1) For Model A320 series airplanes: Revise the AFM within 10 
days after October 7, 1994 (the effective date of AD 94-20-02, 
amendment 39-9030).
    (2) For Model A321 series airplanes: Revise the AFM within 10 
days after the effective date of this AD.
    (b) Within 6 months after the effective date of this AD, install 
a new, improved flight warning computer (FWC) in accordance with 
Airbus Service Bulletin A320-31-1080, Revision 01, dated July 12, 
1996. Prior to

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further flight after accomplishing this installation, remove the AFM 
revision required by paragraphs (a) of this AD.
    (c) 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, 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.

    (d) 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.

    Issued in Renton, Washington, on February 5, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-3434 Filed 2-11-97; 8:45 am]
BILLING CODE 4910-13-U