[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Rules and Regulations]
[Pages 20912-20913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-79-AD; Amendment 39-12203; AD 2001-08-26]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes Equipped with Elevator and Aileron Computer (ELAC) L80 
Standard

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 and A320 series airplanes. 
This action requires revising the Airplane Flight Manual (AFM) to 
specify procedures for landing under certain conditions of gusty winds 
and turbulence. This action is prompted by a report of a recent hard 
landing on a Model A320 series airplane equipped with ELAC L80 
standard, which was caused by activation of the high angle-of-attack 
protection during a landing in gusty winds and turbulence. This action 
is necessary to prevent activation of the high angle-of-attack 
protection during final approach for landing, which could result in 
loss of ability to flare properly during landings. This action is 
intended to address the identified unsafe condition.

DATES: Effective May 11, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before May 29, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket Number 2001-NM-79-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#dce5f1bdb2b1f1b5bdaebfb3b1b1b9b2a89cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="8cb5a1ede2e1a1e5edfeefe3e1e1e9e2f8cceaededa2ebe3fa">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-79-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    Information pertaining to this amendment may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA of the recent hard landing of a Model A320 series airplane, 
equipped with Elevator and Aileron Computer (ELAC) L80 standard. During 
a landing in gusty winds with turbulence, the pilot was not able to 
prevent the airplane from touching down on the runway at an excessive 
vertical speed. The airplane contacted the runway in a slight nose down 
position. The nose landing gear collapsed and the main landing gear and 
the nacelles were damaged.
    Analysis indicated that the combination of certain wind conditions 
and certain pilot side stick inputs resulted in activation of the ELAC 
high angle-of-attack protection during final approach, which prevented 
the pilot from conducting a normal flare.

Explanation of Relevant Service Information

    Airbus has issued Operator Information Telex (OIT) 999.0036/01/CL, 
dated March 23, 2001, which provides procedures for landing in gusty 
and turbulent wind conditions for all Airbus Model A319 and A320 series 
airplanes equipped with ELAC L80 standard. The DGAC has issued French 
Telegraphic Airworthiness Directive No. T2001-106 (B), dated March 26, 
2001, to require incorporation of these procedures into the Aircraft 
Flight Manual (AFM), 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 prevent activation of 
the high angle-of-attack protection during final approach for landing 
in gusty wind and turbulent conditions, which could result in loss of 
the ability to flare properly during landing. This AD requires revising 
the Limitations Section of the FAA-approved AFM for Airbus Model A319 
and A320 series airplanes to include procedures for landing under 
certain conditions of gusty winds and turbulence, as specified in 
Airbus OIT 999.0036/01/CL, dated March 23, 2001.

Interim Action

    This AD is considered interim action. Airbus has advised that it is 
developing a new ELAC standard to modify the high angle-of-attack 
protection logic in such conditions. Once the modification is 
developed, approved, and available, 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

[[Page 20913]]

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.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    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 2001-NM-79-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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, 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:

2001-08-26  Airbus Industrie: Amendment 39-12203. Docket 2001-NM-79-
AD.

    Applicability: Model A319 and A320 series airplanes; 
certificated in any category; equipped with Elevator and Aileron 
Computer (ELAC) L80 Standard having part numbers listed in Airbus 
Operator Information Telex (OIT) 999.0036/01/CL, dated March 23, 
2001.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent activation of the high angle-of-attack protection 
during final approach for landing, which could result in loss of the 
ability to flare properly during landings, accomplish the following:
    Revision of Airplane Flight Manual (AFM)
    (a) Within 10 days after the effective date of this AD: Revise 
the Limitations Section of the FAA-approved AFM to incorporate the 
following procedures. This may be accomplished by inserting a copy 
of this AD into the FAA-approved AFM.

``FOR APPROACH TO RUNWAYS WITH KNOWN GUSTY ENVIRONMENT, ESPECIALLY 
IF THESE CONDITIONS GENERATE VERTICAL GUSTS DUE TO THE SURROUNDING 
TERRAIN,

OR

--REPORTED GUST WIND INCREMENT (MAX. WIND MINUS AVERAGE WIND) HIGHER 
THAN 10 KT,

OR

--EXPECTED MODERATE TO SEVERE TURBULENCE ON SHORT FINAL,

    THE FLIGHT CREW SHOULD STRICTLY ADHERE TO THE FOLLOWING 
PROCEDURE:

--USE CONF 3 FOR APPROACH AND LANDING,
--MINIMUM VAPP IS VLS + 10 KT; THE RECOMMENDATION TO USE MANAGED 
SPEED REMAINS VALID,
--CORRECT THE LANDING DISTANCE FOR THE SPEED INCREMENT,
--IF ``SINK RATE'' GPWS WARNING OCCURS BELOW 200 FT, IMMEDIATELY 
INITIATE A GO AROUND.''

Alternative Methods of Compliance

    (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, International Branch, 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 1: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, International Branch. ANM-116.

Special Flight Permits

    (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.

    Note 2: The subject of this AD is addressed in French 
Telegraphic Airworthiness Directive T2001-106 (B), dated March 26, 
2001.

Effective Date

    (d) This amendment becomes effective on May 11, 2001.

    Issued in Renton, Washington, on April 19, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-10340 Filed 4-25-01; 8:45 am]
BILLING CODE 4910-13-P


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