[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14679-14681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5859]



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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules 
and Regulations

[[Page 14679]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1087; Directorate Identifier 2011-NM-032-AD; 
Amendment 39-16967; AD 2012-04-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding two existing airworthiness directives (AD). 
One existing AD is for Airbus Model A319, A320, and A321 series 
airplanes without Airbus modification 26017. That AD currently requires 
replacing the flight warning computers (FWCs). The other existing AD is 
for Airbus Model A320 and A321 series airplanes on which Airbus 
modification 24612 or Airbus Service Bulletin A320-31-1080 has not been 
accomplished. That existing AD currently requires revising the 
limitations section of the airplane flight manual. This new AD requires 
replacing both FWC units with certain FWC units. This AD was prompted 
by in-service events of thrust lever mismanagement and a manufacturer 
analysis on the failure to follow procedure or heed existing cockpit 
cues. The analysis of the thrust lever management issue showed two 
categories of scenarios that could lead to thrust asymmetry during 
landing, with controllability and deceleration consequences. We are 
issuing this AD to prevent thrust asymmetry conditions which could 
result in loss of control of the airplane during landing.

DATES: This AD becomes effective April 17, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 17, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 24, 
2002 (67 FR 35425, May 20, 2002).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 19, 2011 (76 
FR 64854), and proposed to supersede AD 97-22-13, Amendment 39-10185 
(62 FR 58891, October 31, 1997); and AD 2002-10-06, Amendment 39-12752 
(67 FR 35425, May 20, 2002). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    Following in-service experience, analyses of the failure to 
follow procedure or heed existing cockpit cues were conducted to 
assess the consequences of mismanagement of thrust levers during 
landing.
    The investigation results identified the need for improvements 
in the identification of throttle mis-positioning and so providing 
further opportunity for the flight crew to identify an incorrect 
thrust lever configuration and to correct this. For the A320 family 
of aeroplanes this being IDLE or REVERSE, which is necessary to 
enable ground spoiler (G/S) extension and auto-brake (A/BRK) 
functions. In addition, the analysis of the thrust lever management 
issue shows two categories of scenarios that could lead to thrust 
asymmetry during landing with controllability and deceleration 
consequences:

--One thrust lever kept in forward thrust when the other is put in 
IDLE or REVERSE. This has been seen in cases of dispatch with one 
thrust reverser inoperative; and
--One thrust lever moved in forward position after landing, usually 
when bringing the thrust lever back from REVERSE to IDLE.

    These thrust asymmetry conditions, if not corrected, could 
result in loss of control of the aeroplane during landing.
    This [EASA] AD supersedes DGAC France AD 94-211-059(B) R2 and 
96-079-079(B) [which corresponds to FAA AD 97-22-13 (62 FR 58891, 
October 31, 1997], mandating Aircraft Flight Manual Temporary 
Revision reference 9.99.99/20 and the installation of FWC P/N 
350E017248685 (H1D2) as terminating action for both ADs.
    This [EASA] AD retains the requirements of DGAC France AD 2000-
320-147(B) [which corresponds to FAA AD 2002-10-06 (67 FR 35425, May 
20, 2002)], which is also superseded, which required the 
installation of FWC P/N 350E017271616 (H1E2).
    For the reasons described above, this [EASA] AD requires the 
replacement of both FWC units with minimum FWC P/N 350E053020909 
(H2F5) units, introducing ``Enhanced RETARD'' logic.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter supports the 
NPRM (76 FR 64854, October 19, 2011).

Explanation of Changes Made to This AD

    We have redesignated paragraph (g) and Note 1 of the NPRM (76 FR 
64854, October 19, 2011) to paragraphs (g)(1) and (g)(2) in this AD, 
respectively. We have revised certain headings throughout this AD. We 
have also revised the wording in paragraphs (g)(2) and (j) of this AD; 
this change has not changed the intent of those paragraphs.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously and minor editorial changes. 
We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 64854, October 19, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 64854, October 19, 2011).

[[Page 14680]]

Costs of Compliance

    We estimate that this AD will affect about 729 products of U.S. 
registry. The actions that are required by AD 2002-10-06, Amendment 39-
12752 (67 FR 35425, May 20, 2002) and retained in this AD take about 7 
work-hours per product, at an average labor rate of $85 per work hour. 
Required parts would cost about $0 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, the 
estimated cost of the currently required actions is $595 per product.
    We estimate that it would take about 4 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $247,860, or $340 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (76 FR 64857, October 19, 
2011), the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing AD 97-22-13, Amendment 39-
10185 (62 FR 58891, October 31, 1997); and AD 2002-10-06, Amendment 39-
12752 (67 FR 35425, May 20, 2002); and adding the following new AD:

2012-04-11 Airbus: Amendment 39-16967. Docket No. FAA-2011-1087; 
Directorate Identifier 2011-NM-032-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 17, 
2012.

(b) Affected ADs

    This AD supersedes AD 97-22-13, Amendment 39-10185 (62 FR 58891, 
October 31, 1997); and AD 2002-10-06, Amendment 39-12752 (67 FR 
35425, May 20, 2002).

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category; all serial 
numbers; if equipped with a flight warning computer (FWC) with a 
part number (P/N) listed in table 1 of this AD.

          Table 1--List of FWC Part Numbers Affected by This AD
------------------------------------------------------------------------
                              FWC Part No.
-------------------------------------------------------------------------
        350E<ls-thn-eq>017238484 (H1D1)
        350E<ls-thn-eq>016187171 (C5)
        350E<ls-thn-eq>017248685 (H1D2)
        350E<ls-thn-eq>017251414 (H1E1)
        350E<ls-thn-eq>017271616 (H1E2)
        350E<ls-thn-eq>018291818 (H1E3CJ)
        350E<ls-thn-eq>018301919 (H1E3P)
        350E<ls-thn-eq>018312020 (H1E3Q)
        350E<ls-thn-eq>053020202 (H2E2)
        350E<ls-thn-eq>053020303 (H2E3)
        350E<ls-thn-eq>053020404 (H2E4)
        350E<ls-thn-eq>053020606 (H2F2)
        350E<ls-thn-eq>053020707 (H2F3)
        350E<ls-thn-eq>053021010 (H2F3P)
        350E<ls-thn-eq>053020808 (H2F4)
------------------------------------------------------------------------

(d) Subject

    Air Transport Association (ATA) of America Code 31: Indicating 
and Recording Systems.

(e) Reason

    This AD was prompted by in-service events of thrust lever 
mismanagement and a manufacturer analysis on the failure to follow 
procedure or heed existing cockpit cues. The analysis of the thrust 
lever management issue showed two categories of scenarios that could 
lead to thrust asymmetry during landing, with controllability and 
deceleration consequences. We are issuing this AD to prevent thrust 
asymmetry conditions which could result in loss of control of the 
airplane during landing.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Restatement of Requirements of AD 2002-10-06, Amendment 39-12752 
(67 FR 35425, May 20, 2002): Modification

    (1) For Model A319, A320, and A321 series airplanes without 
Airbus modification 26017: Within 18 months after June 24, 2002 (the 
effective date of AD 2002-10-06, Amendment 39-12752 (67 FR 35425, 
May 20, 2002)), replace the flight warning computers (FWCs) in 
accordance with Airbus Service Bulletin A320-31-1106, Revision 04, 
dated December 21, 1999; or Airbus Mandatory Service Bulletin A320-
31-1106, Revision 05, dated September 21, 2000.
    (2) This paragraph provides credit for replacement of the FWCs 
required by

[[Page 14681]]

paragraph (g)(1) of this AD, if the replacement was done before June 
24, 2002 (the effective date of AD 2002-10-06, Amendment 39-12752 
(67 FR 35425, May 20, 2002)), using Airbus Service Bulletin A320-31-
1106, dated January 3, 1997; Revision 01, dated April 16, 1997; 
Revision 02, dated January 20, 1998; or Revision 03, dated July 9, 
1999.

(h) Restatement of Requirements of AD 2002-10-06, Amendment 39-12752 
(67 FR 35425, May 20, 2002): Optional Method of Compliance

    Installation of a FWC standard in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-31-1141, 
Revision 04, dated February 14, 2002, is an acceptable method of 
compliance with the replacement required by paragraph (g) of this 
AD.

(i) New Requirements of This AD: Flight Warning Computer Replacement

    Within 48 months after the effective date of this AD: Replace 
both FWC units with FWC part number 350E053020909, in accordance 
with the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A320-31-1334, Revision 04, including Appendix 01, dated 
September 12, 2011.

(j) Credit for Previous Actions

    (1) For all airplanes, except for Model A319 series airplanes on 
which modifications 28238, 28162, and 28342 have been incorporated: 
This paragraph provides credit for replacing both FWCs, as required 
by paragraph (i) of this AD, if the replacements were performed 
before the effective date of this AD using Airbus Service Bulletin 
A320-31-1334, dated July 30, 2009; Revision 01, dated December 14, 
2009; Revision 02, dated September 13, 2010; or Revision 03, dated 
March 15, 2011.
    (2) This paragraph provides credit for replacing both FWCs in 
lieu of the installation specified in paragraph (h) of this AD, if 
the replacements were performed before the effective date of this AD 
using Airbus Service Bulletin A320-31-1141, dated March 6, 2000; 
Revision 01, dated May 25, 2000; Revision 02, dated January 22, 
2001; or Revision 03, dated June 12, 2001.

(k) Parts Installation

    As of the effective date of this AD, and after accomplishing the 
actions in paragraph (i) of this AD, no person may install a FWC 
with a part number listed in table 1 of this AD on any airplane.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tim Dulin, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; telephone 425-227-2141; fax 425-227-1149. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#8fb6a2cec1c2a2bebeb9a2cec2c0cca2ddcadedacadcdbdccfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="5861751916157569696e751915171b750a1d090d1d0b0c0b183e3939763f372e">[email protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(m) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0001, dated 
January 10, 2011; Airbus Service Bulletin A320-31-1106, Revision 04, 
dated December 21, 1999; Airbus Mandatory Service Bulletin A320-31-
1106, Revision 05, dated September 21, 2000; Airbus Service Bulletin 
A320-31-1141, Revision 04, dated February 14, 2002; and Airbus 
Mandatory Service Bulletin A320-31-1334, Revision 04, including 
Appendix 01, dated September 12, 2011; for related information.

(n) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51 on the date specified.
    (2) The following service information was approved for IBR on 
April 17, 2012.
    (i) Airbus Mandatory Service Bulletin A320-31-1106, Revision 05, 
dated September 21, 2000.
    (ii) Airbus Service Bulletin A320-31-1141, Revision 04, dated 
February 14, 2002.
    (iii) Airbus Mandatory Service Bulletin A320-31-1334, Revision 
04, including Appendix 01, dated September 12, 2011.
    (3) The following service information was approved for IBR on 
IBR June 24, 2002 (67 FR 35425, May 20, 2002).
    (i) Airbus Service Bulletin A320-31-1106, Revision 04, dated 
December 21, 1999.
    (4) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email: <a href="/cdn-cgi/l/email-protection#523331313d273c267c333b20253d20263a7f37332112333b203027217c313d3f"><span class="__cf_email__" data-cfemail="ff9e9c9c908a918bd19e968d88908d8b97d29a9e8cbf9e968d9d8a8cd19c9092">[email protected]</span></a>; Internet http://www.airbus.com.
    (5) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (6) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 24, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-5859 Filed 3-12-12; 8:45 am]
BILLING CODE 4910-13-P


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