This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

40805

Vol. 63, No. 147

Friday, July 31, 1998

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–229–AD; Amendment

39–10678; AD 98–15–51]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A319, A320, A321, A300, A310, A300–

600, A330, and A340 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

T98–15–51 that was sent previously to

all known U.S. owners and operators of

all Airbus Model A319, A320, A321,

A300, A310, A300–600, A330, and A340

series airplanes by individual telegrams.

This AD requires an initial and

repetitive in-flight operational checks of

the alternate braking system, and

replacement of the braking dual

distribution valve (BDDV) with a

serviceable part, if necessary. This

action is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent failure of the alternate braking

system, which could result in the

airplane overrunning the end of the

runway during landing.

DATES: Effective August 5, 1998, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T98–15–51, issued July

14, 1998, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 5,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 31, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

229–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Airbus Industrie,

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:

Todd Thompson, International Branch,

ANM–116, FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056;

telephone (206) 227–1175; fax (206)

227–1149.

SUPPLEMENTARY INFORMATION: On July

14, 1998, the FAA issued telegraphic

AD T98–15–51, which is applicable to

all Airbus Model A319, A320, A321,

A300, A310, A300–600, A330, and A340

series airplanes.

The Direction Go ́no ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on all Airbus Model

A319, A320, A321, A300, A310, A300–

600, A330, and A340 series airplanes.

The DGAC advises that it received a

report indicating a Model A320 series

airplane overran the end of the runway

upon landing. Investigation revealed

that this event was attributed to the

freezing of water that entered the bottom

of the braking dual distribution valve

(BDDV) during flight, which resulted in

the failure of both the normal and

alternate modes of the braking system

upon landing.

Subsequent investigation revealed

that the normal braking system was lost

at touchdown due to a malfunction of

the brake steering control unit (BSCU) at

autobrake selection in flight. Airplane

and laboratory tests indicate that the

absence of braking on the alternate

braking system resulted from seizure of

the alternate BDDV. Reports indicate

this seizing of the BDDV was caused by

the freezing of 33 cubic centimeters of

water found in the BDDV cover located

at the bottom of the BDDV. The

manufacturer indicated that the freezing

occurred during flight and that there

was insufficient time between the end of

the flight and the landing for the ice to

melt. The manufacturer also indicated

that the rubber sealant normally applied

to the junction area of the BDDV body

and the cover was missing. In addition,

a significant concentration of detergent

was found in the water that was

removed from the BDDV cover. Because

the reasons for the missing sealant and

existence of water in the BDDV are not

yet determined, further analyses, tests,

and investigations are being conducted.

These conditions, if not corrected,

could result in failure of the alternate

braking system, which could result in

the airplane overrunning the end of the

runway during landing.

Similar Airplane Models

The BSCU and BDDV installed on

Model A320 series airplanes are similar

in design to the BSCU and BDDV

installed on Model A319, A320, A300,

A310, A300–600, A330, and A340 series

airplanes; therefore, the FAA finds that

all such airplanes are subject to the

same unsafe condition identified in this

AD.

Explanation of Relevant Service

Information

Airbus has issued All Operator Telex

(AOT) 32–19, dated July 7, 1998, which

describes procedures for in-flight

operational checks of the alternate

braking system by the flight crew, and

replacement of the BDDV with a

serviceable part, if necessary.

The AOT references the following

Flight Operation Telexes (FOT’s) as

additional sources of service

information: FOT 999.0062 (for Model

A300 series airplanes), FOT 999.0061

(for Model A300–600 and A310 series

airplanes), FOT 999.059 (for Model

A319, A320, and A321 series airplanes),

and FOT 999.0060 (for Model A330 and

A340 series airplanes); all dated July 7,

1998.

The DGAC classified the AOT as

mandatory and issued French

airworthiness directives T98–263–120

(B), T98–263–255(B), T98–263–075(B),

and T98–263–092(B), all dated July 8,

1998, in order to assure the continued
40806 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

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 the Requirements of the

Rule

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design

registered in the United States, the FAA

issued telegraphic AD T98–15–51 to

prevent failure of the alternate braking

system, which could result in the

airplane overrunning the end of the

runway upon landing. The AD requires

an initial and repetitive in-flight

operational checks of the alternate

braking system, and replacement of the

BDDV with a serviceable part, if

necessary. This AD also requires that

operators report to the manufacturer any

findings of the initial operational check

and findings of any defective BDDV

parts for the repetitive operational

checks. The actions are required to be

accomplished in accordance with the

AOT described previously.

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

telegrams issued on July 14, 1998, to all

known U.S. owners and operators of all

Airbus Model A319, A320, A321, A300,

A310, A300–600, A330, and A340 series

airplanes. These conditions still exist,

and the AD is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective as to all persons.

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

statement is made: ‘‘Comments to

Docket Number 98–NM–229–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:

98–15–51 Airbus: Amendment 39–10678.

Docket 98–NM–229–AD.

Applicability: All Model A319, A320,

A321, A300, A310, A300–600, A330, and

A340 series airplanes, certificated in any

category.

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 (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 failure of the alternate braking

system, which could result in the airplane

overrunning the end of the runway during

landing, accomplish the following:

(a) Within 10 days after the effective date

of this AD, perform an initial in-flight

operational check of the alternate braking

system, in accordance with Airbus All

Operator Telex (AOT) 32–19, dated July 7,

1998. Thereafter, perform repetitive in-flight
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40807

operational checks at intervals not to exceed

7 days.

(1) If no discrepancy is found, continue the

repetitive in-flight operational checks.

(2) If any discrepancy is found, prior to

further flight, replace the brake dual

distribution valve (BDDV) with a serviceable

part, in accordance with AOT 32–19, dated

July 7, 1998.

Note 2: AOT 32–19, dated July 7, 1998,

references the following Flight Operation

Telexes (FOT’s) as additional sources of

service information: FOT 999.0062 (for

Model A300 series airplanes), FOT 999.0061

(for Model A300–600 and A310 series

airplanes), FOT 999.059 (for Model A319,

A320, and A321 series airplanes), and FOT

999.0060 (for Model A330 and A340 series

airplanes); all dated July 7, 1998.

(b) Within 5 days after accomplishment of

the initial in-flight operational check of the

alternate braking system, or within 5 days

after the effective date of this AD, whichever

occurs later: Submit a report to the

manufacturer of all findings of the initial

operational check to Airbus Customer

Services, Engineering and Technical Support,

Attention Mr. Zanderigo, AI/SE–E32; phone

number 33 (0)5 61 93 40 38; fax number 33

(0)5 61 93 32 73; SITA code TLSBW7X.

Thereafter, within 5 days after the

accomplishment of any repetitive in-flight

operational check of the alternate braking

system, submit a report of any defective

BDDV part to the Airbus address specified

previously in this paragraph. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the paperwork reduction act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB control number 2120–0056.

(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,

International Branch, FAA, Transport

Airplane Directorate, ANM–116. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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.

(e) The actions shall be done in accordance

with Airbus All Operator Telex (AOT) 32–19,

dated July 7, 1998. 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 directives T98–263–

120 (B), T98–263–255(B), T98–263–075(B),

and T98–263–092(B), all dated July 8, 1998.

(f) This amendment becomes effective on

August 5, 1998, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T98–15–51,

issued July 14, 1998, which contained the

requirements of this amendment.

Issued in Renton, Washington, on July 22,

1998.

D.L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–20224 Filed 7–30–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–40–AD; Amendment 39–

10681; AD 98–11–01 R2]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This amendment clarifies

information contained in Airworthiness

Directive (AD) 98–11–01 R1, which

currently requires replacing the fuel

tank vent valves and drilling a 4.8

millimeter (0.1875 inch) hole in each

fuel filler cap on certain Pilatus Aircraft

Ltd. (Pilatus) Models PC–12 and PC–12/

45 airplanes. AD 98–11–01 R1 also

requires inserting a temporary revision

in the Pilot’s Operating Handbook

(POH) that specifies checking to assure

that the fuel filler cap hole is clear of ice

and foreign objects. The intent of AD

98–11–01 R1 was to provide the option

of incorporating new modified fuel tank

vent valves instead of the replacement,

drilling, and POH insertion

requirements. The new modified vent

valves cannot be incorporated without

removing the fuel tank vent valves

installed as originally required by AD

97–23–04 and carried over in the

current AD. This provision of removing

those vent valves is currently not

provided for. This document clarifies

and corrects this procedure. The actions

specified in this AD are intended to

continue to prevent moisture from

entering the fuel tank inward vent valve

and then freezing after a cold soak at

altitude, which could result in wing

airfoil distortion and structural damage

with consequent degradation of the

airplane’s handling qualities.

DATES: Effective September 22, 1998.

The incorporation by reference of

Pilatus Service Bulletin No. 28–003,

Revision 1, dated September 30, 1997,

as listed in the regulations, was

previously approved by the Director of

the Federal Register as of December 1,

1997 (62 FR 59993, November 6, 1997).

The incorporation by reference of

Pilatus Service Bulletin No. 28–004,

dated March 27, 1998, as listed in the

regulations, was previously approved by

the Director of the Federal Register as of

June 7, 1998 (63 FR 27195, May 18,

1998).

The incorporation by reference of

Pilatus Service Bulletin No. 28–005,

dated May 4, 1998, was previously

approved by the Director of the Federal

Register as of September 22, 1998 (63 FR

34565, June 25, 1998).

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–40–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Service information that applies to

this AD may be obtained from Pilatus

Aircraft Ltd., CH–6370 Stans,

Switzerland. This information may also

be examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–40–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street, NW, suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Roman T. Gabrys, Aerospace Engineer,

FAA, Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Discussion

On October 29, 1997, the FAA issued

AD 97–23–04, Amendment 39–10192

(62 FR 5993, November 6, 1997), which

applies to certain Pilatus Models PC–12

and PC–12/45 airplanes. AD 97–23–04

was the result of a report from the

Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, of an instance

of abnormal automatic engagement of

the fuel booster pumps during normal

operation of a Pilatus Model PC–12

airplane. The FOCA’s investigation