20912 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations

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 Turbomeca S.A., 40220 Tarnos, France;

telephone: (33) 05 59 64 40 00; fax: (33) 05

59 64 60 80. Copies may be inspected at the

FAA, New England Region, Office of the

Regional Counsel, 12 New England Executive

Park, Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol Street,

NW, suite 700, Washington, DC.

Note 3: The subject of this AD is addressed

by the Direction Generale de L’Aviation

Civile (DGAC), which is the airworthiness

authority for France, in airworthiness

directives AD 1999–217(A) and AD 1999–

233(A).

Effective Date

(g) This amendment becomes effective on

May 31, 2001.

Issued in Burlington, Massachusetts, on

April 16, 2001.

Francis A. Favara,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–10021 Filed 4–25–01; 8:45 am]

BILLING CODE 4910–13–P

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.

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 angleof-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: 9-

anm-iarcomment@faa.gov. 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 Ge ́ne ́rale 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-ofattack 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 FAAapproved 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

Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 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:

• 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.

• For each issue, state what specific

change to the AD is being requested.

• 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.

§ 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-ofattack 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