[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47084-47091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0624; Product Identifier 2016-NM-135-AD; Amendment 
39-19067; AD 2017-20-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A319 series airplanes, Model A320-211, -212, -214, -231, -
232, and -233 airplanes, and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. This AD was prompted by a runway 
excursion due to an unexpected thrust increase leading to an unstable 
approach performed using the current flight management and guidance 
computer (FMGC) standard. This AD requires identification of 
potentially affected FMGCs, replacement of any affected FMGC, and 
applicable concurrent actions. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 15, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 15, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Airbus, Airworthiness Office--EIAS, 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#177674747862796339767e65607865637f3a72766457767e657562643974787a"><span class="__cf_email__" data-cfemail="b7d6d4d4d8c2d9c399d6dec5c0d8c5c3df9ad2d6c4f7d6dec5d5c2c499d4d8da">[email protected]</span></a>; Internet 
http://www.airbus.com. You may view this referenced service information 
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0624.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0624; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus Model A319 
series airplanes, Model A320-211, -212, -214, -231, -232, and -233 
airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231, and 
-232 airplanes. The NPRM published in the Federal Register on June 29, 
2017 (82 FR 29440) (``the NPRM''). The NPRM was prompted by a runway 
excursion due to an unexpected thrust increase leading to an unstable 
approach performed using the current FMGC standard. The NPRM proposed 
to require identification of potentially affected FMGCs, replacement of 
any affected FMGC, and applicable concurrent actions. We are issuing 
this AD to prevent unstable approaches due to an unexpected thrust 
increase, which could result in reduced

[[Page 47085]]

controllability of the airplane and runway excursions.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0122, dated June 21, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model A319 
series airplanes, Model A320-211, -212, -214, -231, -232, and -233 
airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231, and 
232 airplanes. The MCAI states:

    Following an instrument landing system (ILS) approach, during 
night, in rainy condition, an A321 aeroplane experienced a 
longitudinal runway excursion. Investigation revealed that the 
approach was not stabilized with an overspeed of 19 knots (kts) over 
the runway threshold, followed by a long flare (18 seconds) with 
touchdown far behind the touchdown zone. The aeroplane exited the 
runway at 75 kts and came to rest around 300 meters beyond the end 
of the runway. During the final approach, at 150 feet Radio 
Altimeter (RA) altitude, the corrected airspeed of the aeroplane was 
165 kts (24 kts overspeed). Auto thrust (ATHR) commanded a transient 
N1 increase up to 70% due to the ATHR speed Mach control law.
    The ATHR system on A320 family aeroplane was designed to 
maintain accurately the aircraft speed/Mach to speed/Mach target by 
commanding the thrust, featuring also a trade-off at low altitude 
between thrust corrections to maintain speed equal to speed target 
and too large thrust corrections destabilizing the aircraft 
trajectory near the ground. The conclusions of the investigations 
were that the main contributor to this runway excursion was a non-
stabilized approach not followed by a go-around. ATHR misbehaviour 
in case of large overspeed led to an unexpected thrust increase, 
which is considered as a contributor to the long flare.
    This ATHR characteristic, reported as ``Spurious thrust increase 
during approach,'' was initially found in 1996 and a modification 
was developed and introduced in Flight Guidance (FG) 2G standard 
``C8 or I8'' (C for CFM engines and I for IAE engines) in 2001.
    Prompted by these findings, Airbus introduced a programme to 
encourage operators to replace the FMGC Legacy with the FMGC 
equipped with Flight Management System type 2 (FMS2) and FG 
standard, which introduces additional operational capabilities, 
including Runway Overrun Protection System/Runway Overrun Warning 
(ROPS/ROW) and Autopilot/Traffic Collision Avoidance System (AP/
TCAS). It was determined that the ROPS, in a scenario similar to the 
one described above, would have triggered a <<RUNWAY TOO SHORT>> 
aural alert before touchdown. Information was made available through 
Airbus Service Information Letter (SIL) 22-039 (later superseded by 
Word In Service Experience (WISE) In Service Information 
22.83.00003), and EASA published Safety Information Bulletin (SIB) 
2013-19, recommending the FMGC upgrade.
    Since EASA SIB was published, it was determined that many 
operators have chosen not to implement the optional upgrade that 
improves the ATHR behaviour.
    More recently, prompted by a recommendation from the BEA (Bureau 
d'Enqu[ecirc]tes et d'Analyses pour la s[eacute]curit[eacute] de 
l'aviation civile) of France, to reduce the risk of further runway 
excursions due to uninterrupted unstable approaches performed with 
the legacy FMGC standard, EASA decided to require installation of at 
least the first version of the FMS2 and associated FG for legacy 
aeroplanes.
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD 1999-411-140(B)R1 [which corresponds to FAA AD 
2000-12-13, Amendment 39-11791 (65 FR 37845, June 19, 2000) (``AD 
2000-12-13'')] and AD 1998-226-119(B)R1 [which corresponds to FAA AD 
98-19-08, Amendment 39-10750 (63 FR 50503, September 22, 1998)] to 
address different unsafe conditions, requiring to install a certain 
previous FMGC standard that may be susceptible to the ``Spurious 
thrust increase during approach''.
    For the reasons described above, this [EASA] AD * * * requires 
replacement of the affected FMGC units with upgraded units [and 
applicable concurrent actions].

    Concurrent actions include the installation of certain FMGCs, 
wiring, display management computers, wiring associated with pin 
programming, and applicable operational program configuration disks. 
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0624.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Air Line Pilots 
Association, International supported the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information, which 
describes procedures for replacement of any affected FMGC with a 
serviceable FMGC. These documents are distinct since they apply to 
different airplane configurations.
    <bullet> Airbus Service Bulletin A320-22-1090, Revision 11, dated 
July 20, 2004.
    <bullet> Airbus Service Bulletin A320-22-1103, Revision 04, dated 
March 12, 2004.
    <bullet> Airbus Service Bulletin A320-22-1116, Revision 04, dated 
March 29, 2004.
    <bullet> Airbus Service Bulletin A320-22-1152, Revision 03, dated 
February 18, 2005.
    <bullet> Airbus Service Bulletin A320-22-1243, Revision 05, dated 
May 31, 2010.
    <bullet> Airbus Service Bulletin A320-22-1519, Revision 02, dated 
December 21, 2015.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 1,032 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85         $87,720
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
required based on the results of the inspection. We have no way of 
determining the number of aircraft that might need these replacements.

[[Page 47086]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  9 work-hours x $85 per hour = $765.         $30,000         $30,765
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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 that 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.

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 adding the following new airworthiness 
directive (AD):

2017-20-10 Airbus: Amendment 39-19067; Docket No. FAA-2017-0624; 
Product Identifier 2016-NM-135-AD.

(a) Effective Date

    This AD is effective November 15, 2017.

(b) Affected ADs

    This AD affects AD 2000-12-13, Amendment 39-11791 (65 FR 37845, 
June 19, 2000) (``AD 2000-12-13'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(3) of this AD, 
all manufacturer serial numbers.
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.
    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

(e) Reason

    This AD was prompted by a report of a runway excursion due to an 
unexpected thrust increase leading to an unstable approach performed 
using the current flight management and guidance computer (FMGC) 
standard. We are issuing this AD to prevent unstable approaches due 
to an unexpected thrust increase, which could result in reduced 
controllability of the airplane and runway excursions.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Replacement of Affected FMGC

    (1) Within 36 months after the effective date of this AD: 
Inspect the FMGC to determine if any FMGC with an affected part 
number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), 
(h)(2), and (j) of this AD is installed. A review of airplane 
maintenance records is acceptable in lieu of inspecting the FMGC, 
provided those records can be relied upon for that purpose and the 
part number of the FMGC can be conclusively identified from that 
review.
    (2) If any affected FMGC with an affected part number identified 
in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of 
this AD is found during any inspection or review required by 
paragraph (g)(1) of this AD: Within 36 months after the effective 
date of this AD, replace the FMGC with a serviceable FMGC having a 
part number that is not identified in Figure 1 to paragraphs (g)(1), 
(g)(2), (h)(1), (h)(2), and (j) of this AD, in accordance with the 
Accomplishment Instructions and paragraph 1.B. (concurrent actions) 
of the applicable service information specified in paragraphs 
(g)(2)(i) through (g)(2)(vi) of this AD, or using a method approved 
by the Manager, International Section, Transport Standards Branch, 
FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA 
Design Organization Approval (DOA). Refer to Figure 2 to paragraph 
(g)(2) of this AD and Figure 3 to paragraph (g)(2) of this AD for 
the lists of approved eligible FMGCs certified as of the effective 
date of this AD.
    (i) Airbus Service Bulletin A320-22-1090, Revision 11, dated 
July 20, 2004 (installation of FMGC part number (P/N) C13042BA01).
    (ii) Airbus Service Bulletin A320-22-1103, Revision 04, dated 
March 12, 2004 (installation of FMGC P/N C13043AA01).
    (iii) Airbus Service Bulletin A320-22-1116, Revision 04, dated 
March 29, 2004 (installation of FMGC P/N C13043BA01).
    (iv) Airbus Service Bulletin A320-22-1152, Revision 03, dated 
February 18, 2005 (installation of FMGC P/N C13043AA02).
    (v) Airbus Service Bulletin A320-22-1243, Revision 05, dated May 
31, 2010 (installation of FMGC P/N C13043BA04).
    (vi) Airbus Service Bulletin A320-22-1519, Revision 02, dated 
December 21, 2015 (installation of FMGC P/N C13207CA00).

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[GRAPHIC] [TIFF OMITTED] TR11OC17.002

(h) Unaffected Airplanes

    (1) An airplane on which Airbus Modification 31896 or Airbus 
Modification 31897 has been embodied in production is not affected 
by the requirements of paragraph (g) of this AD, provided it is 
conclusively determined that no FMGC with an affected part number 
identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), 
and (j) of this AD has been installed on that airplane since the 
date of issuance of the original certificate of airworthiness or the 
original export certificate of airworthiness. A review of airplane 
maintenance records is acceptable to make this determination 
provided those records can be relied upon for that purpose and the 
part number of the FMGC can be conclusively identified from that 
review.
    (2) An airplane on which the actions specified in paragraph 
(g)(2) have been done before the effective date of this AD is not 
affected by the requirements in paragraph (g) of this AD, provided 
it is conclusively determined that no FMGC with an affected part 
number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), 
(h)(2), and (j) of this AD has been installed on that airplane since 
accomplishing the actions specified in paragraph (g)(2) of this AD. 
A review of airplane maintenance records is acceptable to make this 
determination provided those records can be relied upon for that 
purpose and the part number of the FMGC can be conclusively 
identified from that review.

(i) Parts Installation Limitation

    Installation of an FMGC standard approved after the effective 
date of this AD on any airplane, is acceptable for compliance with 
the actions required by paragraph (g)(2) of this AD, provided the 
conditions specified in paragraphs (i)(1) and (i)(2) of this AD are 
accomplished.
    (1) The software and hardware standard, as applicable, must be 
approved by the

[[Page 47090]]

Manager, International Section, Transport Standards Branch, FAA; or 
EASA; or Airbus's EASA DOA.
    (2) The installation must be accomplished using airplane 
modification instructions approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA 
DOA.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane an FMGC with an affected part number identified in 
Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of 
this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g)(2) of this AD, if those actions were performed before the 
effective date of this AD using the applicable service information 
identified in Figure 4 to paragraph (k) of this AD.
[GRAPHIC] [TIFF OMITTED] TR11OC17.003

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(l) Terminating Action for Other ADs

    Accomplishing the actions required by paragraph (g)(1) of this 
AD, and, as applicable, paragraph (g)(2) of this AD, terminates all 
requirements of AD 2000-12-13.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 manager of the International Section, send it to the 
attention of the person identified in paragraph (n)(2) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e1d8cca0afacccd0d0d7cca0acaea2ccb3a4b0b4a4b2b5b2a1878080cf868e97"><span class="__cf_email__" data-cfemail="b58c98f4fbf89884848398f4f8faf698e7f0e4e0f0e6e1e6f5d3d4d49bd2dac3">[email protected]</span></a>. 
Before using

[[Page 47091]]

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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0122, dated June 21, 2016, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-0624.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
425-227-1405; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-22-1090, Revision 11, dated 
July 20, 2004.
    (ii) Airbus Service Bulletin A320-22-1103, Revision 04, dated 
March 12, 2004.
    (iii) Airbus Service Bulletin A320-22-1116, Revision 04, dated 
March 29, 2004.
    (iv) Airbus Service Bulletin A320-22-1152, Revision 03, dated 
February 18, 2005.
    (v) Airbus Service Bulletin A320-22-1243, Revision 05, dated May 
31, 2010.
    (vi) Airbus Service Bulletin A320-22-1519, Revision 02, dated 
December 21, 2015.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 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#69080a0a061c071d4708001b1e061b1d01440c081a2908001b0b1c1a470a0604"><span class="__cf_email__" data-cfemail="610002020e140f154f000813160e1315094c040012210008130314124f020e0c">[email protected]</span></a>; Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 20, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-21224 Filed 10-10-17; 8:45 am]
 BILLING CODE 4910-13-P


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