[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Rules and Regulations]
[Pages 58891-58892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28615]



[[Page 58891]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-252-AD; Amendment 39-10185; AD 97-22-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 and A321 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all Airbus Model A320 series airplanes, that 
currently requires revising the Limitations Section of the FAA-approved 
Airplane Flight Manual (AFM) to instruct the flight crew to maintain a 
flap setting of ``Configuration Full'' (CONF FULL) during landing. That 
AD was prompted by a report of severe control difficulties which 
occurred on approach with the flaps locked in CONF FULL and the landing 
gear down. This amendment adds a requirement for installation of a new, 
improved flight warning computer (FWC), which, when accomplished, 
constitutes terminating action for the AFM limitation. This action also 
revises the applicability of the existing AD to include additional 
airplanes that are subject to the addressed unsafe condition. The 
actions specified by this AD are intended to prevent reduced 
controllability of the airplane during approach when the flaps are 
locked in CONF FULL.

DATES: Effective December 5, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 5, 1997.
    The incorporation by reference of Airbus A320/A321 Flight Manual 
Temporary Revision 9.99.99/20, dated June 14, 1997, was approved 
previously by the Director of the Federal Register as of October 7, 
1994 (59 FR 48563, September 22, 1994).

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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: Charles Huber, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2589; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 94-20-02, 
amendment 39-9030 (59 FR 48563, September 22, 1994), which is 
applicable to all Airbus Model A320 series airplanes was published in 
the Federal Register on February 12, 1997 (62 FR 6502). That action 
proposed to continue to require revising the airplane flight manual 
(AFM) of Model A320 series airplanes to instruct the flight crew to 
maintain CONF FULL during landing approaches for Airbus Model A320 
series airplanes. That action also proposed to require the same AFM 
revision for Airbus Model A321 series airplanes.
    Additionally, that action proposed to require installation of a 
new, improved flight warning computer (FWC) on all airplanes as 
terminating action for the AFM limitations.

Since the Issuance of the NPRM

    Airbus has issued Airbus Service Bulletin A320-31-1080, Revision 
02, dated October 24, 1996. This revised service bulletin is 
essentially identical to Revision 1 of the service bulletin (which was 
referenced in the NPRM as the appropriate source of service 
information), but contains certain editorial changes. The Direction 
Generale de l'Aviation Civile (DGAC), which is the airworthiness 
authority for France, classified Revision 2 of the service bulletin as 
mandatory, in order to assure the continued airworthiness of these 
airplanes in France.
    The FAA has revised the final rule to include Airbus Service 
Bulletin A320-31-1080, Revision 02, dated October 24, 1996, as a source 
of service information.

Consideration of Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the two comments received.
    Both commenters support the proposed rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 109 Airbus Model A320 series airplanes of 
U.S. registry will be affected by this AD.
    The actions that are currently required by AD 94-20-02 (revision of 
the AFM), and retained in this AD, take approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the AFM revision required by 
this AD on U.S. operators is estimated to be $6,540, or $60 per 
airplane.
    The new actions that are required by this new AD (installation of 
new improved FWC) will take approximately 3 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts will be provided to operators by the manufacturer at no cost. 
Based on these figures, the cost impact of the new requirements of this 
AD on U.S. operators is estimated to be $19,620, or $180 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    None of the Model A321 series airplanes affected by this action are 
on the U.S. Register. All of those airplanes that are included in the 
applicability of this AD currently are operated by non-U.S. operators 
under foreign registry; therefore, they are not directly affected by 
this AD action. However, the FAA considers that inclusion of those 
airplanes in the applicability of this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
airplanes are imported and placed on the U.S. Register in the future.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3)

[[Page 58892]]

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. A final evaluation has been prepared for 
this action and it is contained in the Rules Docket. A copy of it 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9030 (59 FR 
48563, eptember 22, 1994), and by adding a new airworthiness directive 
(AD), amendment 39-10185 to read as follows:

97-22-13  Airbus Industrie: Amendment 39-10185. Docket 96-NM-252-AD. 
Supersedes AD 94-20-02, Amendment 39-9030.

    Applicability: Model A320 and A321 series airplanes, on which 
Airbus Modification 24612 or Airbus Service Bulletin A320-31-1080 
has not been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 severely reduced controllability of the airplane 
during approach, accomplish the following:
    (a) At the applicable time specified in either paragraph (a)(1) 
or (a)(2) of this AD, revise the Limitations Section of the FAA-
approved Airplane Flight Manual (AFM) to include the information 
specified in Airbus A320/A321 Flight Manual Temporary Revision 
9.99.99/20, dated June 14, 1994.

    Note 2: This may be accomplished by inserting a copy of Airbus 
A320/A321 Flight Manual Temporary Revision 9.99.99/20, dated June 
14, 1994, in the AFM. When this temporary revision has been 
incorporated in the general revisions of the AFM, the general 
revisions may be inserted in the AFM, provided the information 
contained in the general revisions is identical to that specified in 
Temporary Revision 9.99.99/20.

    (1) For Model A320 series airplanes: Revise the AFM within 10 
days after October 7, 1994 (the effective date of AD 94-20-02, 
amendment 39-9030).
    (2) For Model A321 series airplanes: Revise the AFM within 10 
days after the effective date of this AD.
    (b) Within 6 months after the effective date of this AD, install 
a new, improved flight warning computer (FWC) in accordance with 
Airbus Service Bulletin A320-31-1080, Revision 01, dated July 12, 
1996 or Revision 2, dated October 24, 1996. Prior to further flight 
after accomplishing this installation, remove the AFM revision 
required by paragraphs (a) of this AD.
    (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, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Operations Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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 installation shall be done in accordance with Airbus 
Service Bulletin A320-31-1080, Revision 01, dated July 12, 1996, or 
Airbus Service Bulletin A320-31-1080, Revision 02, dated October 24, 
1996. Airbus Service Bulletin A320-31-1080, Revision 01, dated July 
12, 1996, contains the following list of effective pages:

------------------------------------------------------------------------
                                  Revision level                        
          Page number             shown on page     Date shown on page  
------------------------------------------------------------------------
1, 3, 4, 6-8...................  1..............  July 12, 1996.        
2, 5, 9-13.....................  Original.......  Jan. 4, 1995.         
------------------------------------------------------------------------

    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.
    The revision to the AFM shall be done in accordance with Airbus 
A320/A321 Flight Manual Temporary Revision 9.99.99/20, dated June 
14, 1994. The incorporation by reference of this document was 
approved previously by the Director of the Federal Register as of 
October 7, 1994 (59 FR 48563, September 22, 1994).
    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 directive 96-079-079(B), dated April 10, 1996.
    (f) This amendment becomes effective on December 5, 1997.

    Issued in Renton, Washington, on October 23, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-28615 Filed 10-30-97; 8:45 am]
BILLING CODE 4910-13-U