[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Proposed Rules]
[Pages 39540-39542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-42-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Industrie Model A320 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Airbus Industrie Model 
A320 series airplanes, that currently requires a revision to the 
Airplane Flight Manual (AFM) to prohibit automatic landings in 
configuration 3 (CONF 3). This action would limit the applicability of 
the existing AD, and add a new revision to the AFM to indicate that 
automatic landings in CONF 3 are prohibited and to specify an increased 
minimum runway visual range for airplanes on which certain 
modifications have not been accomplished. This action also would 
require eventual replacement of the existing spoiler elevator computers 
with improved parts, and insertion of new pages into the AFM that 
correct landing distances required for automatic landings in CONF 3. 
This proposal is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by the proposed AD are intended to prevent pitch-
up of the airplane due to activation of the spoilers during an 
automatic landing, which, if not corrected, could result in tail 
strikes and structural damage to the airplane.

DATES: Comments must be received by August 24, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-42-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.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 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.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-42-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 97-NM-42-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 26, 1992, the FAA issued AD 92-19-13, amendment 39-8371 
(57 FR 40601, September 4, 1992), applicable to all Airbus Industrie 
Model A320 series airplanes. That AD requires a revision to the FAA-
approved Airbus A320 Airplane Flight Manual (AFM) to prohibit automatic 
landings in configuration 3 (CONF 3). That action was prompted by a 
report that, during an automatic landing in CONF 3, a pitch-up due to 
activation of the spoilers could result in an excessive attitude, if 
not immediately counteracted by the flightcrew. The requirements of 
that AD are intended to prevent pitch-up of the airplane due to 
activation of the spoilers during an automatic landing, which, if not 
corrected, could result in tail strikes and structural damage to the 
airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 92-19-13, the manufacturer has developed a 
modification that replaces the existing spoiler elevator computers 
(SEC's) with new improved parts. Installation of the new improved SEC's 
on Airbus Industrie Model A320 series airplanes will reduce the 
deflection rate of the ground spoilers during an automatic landing, 
which will reduce the tendency of the airplane to pitch up during 
landing. Once accomplished, the modification eliminates the need to 
prohibit automatic landings in CONF 3.
    Since the issuance of AD 92-19-13, the manufacturer also has 
developed another revision to the AFM that corrects landing distances 
required for automatic landings in CONF 3.

Explanation of Relevant Service Information

    The manufacturer has issued Airbus A319/320/321 AFM Temporary 
Revision (TR) 9.99.99/02, Issue 02, dated April 8, 1997, which 
indicates that automatic landings in CONF 3 are prohibited, and which 
specifies an increased minimum runway visual range for all airplanes on 
which Airbus Industrie Modification 20126 (installation of a head up 
display) or Modification 21055 (installation of a paravisual indicator) 
has not been accomplished. The TR also advises the flightcrew that, 
during an automatic landing in a configuration other than CONF 3, the 
flightcrew should monitor the pitch attitude and be prepared to 
counteract any pitch-up that occurs immediately after touchdown.

[[Page 39541]]

    Airbus Industrie also has issued Service Bulletin A320-27-1073, 
dated January 20, 1995, and Service Bulletin A320-27-1081, Revision 2, 
dated September 6, 1995, which describe procedures for removing the 
existing SEC's from two positions in the aft electronics rack and one 
position in the forward electronics rack, and installing new, improved 
SEC's in the same positions in the aft and forward electronics racks. 
This modification will reduce the deflection rate of the ground 
spoilers during an automatic landing, and consequently will reduce the 
tendency of the airplane to pitch up during landing.
    Associated with the modifications specified by these service 
bulletins, Airbus Industrie also has issued AFM Section 5.06.00, page 
06, dated February 10, 1996, and page 6A, dated January 20, 1997. This 
AFM section identifies corrections to landing distances required for 
automatic landings performed in CONF 3. Operators should note that 
Section 5.06.00, pages 06 and 6A, changes the measurement units of the 
landing distances required for automatic landings from meters to feet. 
Operators should ensure that the units of measurement used in Section 
5.06.00, pages 06 and 6A, are consistent with the units used in their 
operations.
    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, classified TR 9.99.99/02, Issue 02, 
as mandatory and issued French airworthiness directive 93-203-049(B)R3, 
dated July 2, 1997, in order to assure the continued airworthiness of 
these airplanes in France. The French airworthiness directive also 
provides for the replacement of the SEC's with improved parts, and 
insertion of AFM Section 5.06.00, pages 06 and 6A, into the AFM as 
optional actions, which, if accomplished, would provide for removal of 
TR 9.99.99/02 from the AFM.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 Proposed 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, the proposed AD would supersede AD 92-19-13 to 
require accomplishment of the actions specified in the service 
bulletins and AFM revisions described previously, except as discussed 
below. Accomplishment of the replacement of the SEC's with new, 
improved parts and insertion of AFM Section 5.06.00, pages 06 and 6A, 
into the AFM terminates the need for TR 9.99.99/02 in the AFM.
    This proposed action also would limit the applicability of the AD 
to only those airplanes on which Airbus Industrie Modification 23132, 
24348, or 24511 has not been accomplished.

Differences Between Proposed Rule and Foreign AD

    The proposed AD would differ from the parallel French airworthiness 
directive in that it would mandate replacement of the existing SEC's 
with new, improved parts. The French airworthiness directive provides 
for that action as optional.
    Mandating the terminating action is based on the FAA's 
determination that, in this case, long-term continued operational 
safety would be better assured by a modification to remove the source 
of the problem, rather than by revising flight procedures. The source 
of the unsafe condition (pitch-up of the airplane due to activation of 
the spoilers during an automatic landing) is in the design of the SEC's 
installed on the airplane, in that the SEC's fail to operate in a safe 
manner when the flightcrew selects CONF 3 during landing. In this 
particular case, there is no way to physically prevent the selection of 
CONF 3 during landing, unlike in other situations in which the 
inadvertent positioning of a switch or lever can be remedied by 
application of a limiter or guard to prevent or restrict operation of 
that switch or lever.
    While revising flight procedures ensures that the flightcrew is 
informed that an unsafe condition may exist if CONF 3 is selected 
during landing, it does not remove the source of that unsafe condition. 
Human factors (e.g., variations in flightcrew training and familiarity 
with the airplane, flightcrew awareness in the presence of other 
hazards, flightcrew fatigue) may allow inadvertent selection of CONF 3 
during landing and result in the unsafe condition. Thus, revisions to 
flight procedures are not considered adequate to provide the degree of 
safety assurance necessary for the transport airplane fleet. 
Consideration of these factors have led the FAA to mandate replacement 
of the existing SEC's with new, improved parts in order to eliminate 
the unsafe condition associated with an automatic landing in CONF 3.

Cost Impact

    There are approximately 93 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The incorporation of the temporary revision into the AFM that is 
currently required by AD 92-19-13, and retained in this proposed AD, 
takes 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 this proposed requirement of this AD on U.S. operators 
is estimated to be $5,580, or $60 per airplane.
    The incorporation of the new temporary revision into the AFM that 
is proposed in this AD would 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 this proposed requirement of 
this AD on U.S. operators is estimated to be $5,580, or $60 per 
airplane.
    The replacement of the SEC's that is proposed in this AD action 
would take approximately 3 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to the operator. Based on these 
figures, the cost impact of this proposed requirement of this AD on 
U.S. operators is estimated to be $16,740, or $180 per airplane.
    The incorporation of AFM Section 5.06.00, pages 06 and 6A, into the 
AFM that is proposed in this AD action would 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 this proposed 
requirement of this AD on U.S. operators is estimated to be $5,580, or 
$60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and

[[Page 39542]]

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 proposal would not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (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); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 39-8371 (57 FR 
40601, September 4, 1992), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 97-NM-42-AD. Supersedes AD 92-19-13, 
Amendment 39-8371.

    Applicability: Model A320 series airplanes on which Airbus 
Industrie Modification 23132, 24348, or 24511 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 (d) 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 pitch-up of the airplane due to activation of the 
spoilers during an automatic landing, which, if not corrected, could 
result in tail strikes and structural damage to the airplane, 
accomplish the following:
    (a) Within 60 days after October 9, 1992 (the effective date of 
AD 92-19-13, amendment 39-8371), revise the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to include the 
following statement. This may be accomplished by inserting a copy of 
this AD into the AFM.
    ``Use of automatic landing in configuration 3 (CONF 3) is 
prohibited.''
    (b) Within 30 days after the effective date of this AD, revise 
the FAA-approved Airbus A320 AFM by inserting Airbus A319/320/321 
AFM Temporary Revision 9.99.99/02, Issue 02, dated April 8, 1997, 
into the AFM. After revising the AFM, the AFM revision required by 
paragraph (a) of this AD may be removed from the AFM.
    (c) Within 18 months after the effective date of this AD, 
accomplish the actions specified in paragraphs (c)(1) and (c)(2) of 
this AD. After the actions specified by paragraph (c) of this AD 
have been accomplished, the AFM revision required by paragraph (b) 
of this AD (Airbus A320 AFM Temporary Revision 9.99.99/02, Issue 02, 
dated April 8, 1997), may be removed from the AFM.
    (1) Replace the existing spoiler elevator computers (SEC's) in 
the aft and forward electronics racks with new, improved SEC's, in 
accordance with Airbus Industrie Service Bulletin A320-27-1081, 
Revision 2, dated September 6, 1995; or A320-27-1073, dated January 
20, 1995; as applicable.
    (2) After the accomplishment of the actions specified by 
paragraph (c)(1) of this AD, prior to further flight, revise Section 
5.06.00 of the Airbus A320 AFM by inserting Section 5.06.00, page 
06, dated February 10, 1996, and page 6A, dated January 20, 1997.

    Note 2: Operators should ensure that the units in which the 
distance measurements are listed in AFM Section 5.06.00, pages 06 
and 6A, are consistent with the units of measurement that the 
operators use in their operations.
    (d)(1) 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, FAA, 
Transport Airplane Directorate. 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.

    (2) Alternative methods of compliance, approved previously in 
accordance with AD 92-19-13, amendment 39-8371, are approved as 
alternative methods of compliance with this AD.

    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.

    (e) 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 4: The subject of this AD is addressed in French 
airworthiness directive 93-203-049(B)R3, dated July 2, 1997.

    Issued in Renton, Washington, on July 17, 1998.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-19624 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-13-U