[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Rules and Regulations]
[Pages 40805-40807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20224]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Rules 
and Regulations  

[[Page 40805]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-229-AD; Amendment 39-10678; AD 98-15-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, A321, A300, 
A310, A300-600, A330, and A340 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) T98-15-51 that was sent 
previously to all known U.S. owners and operators of all Airbus Model 
A319, A320, A321, A300, A310, A300-600, A330, and A340 series airplanes 
by individual telegrams. This AD requires an initial and repetitive in-
flight operational checks of the alternate braking system, and 
replacement of the braking dual distribution valve (BDDV) with a 
serviceable part, if necessary. This action is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent failure of the alternate braking system, which could result 
in the airplane overrunning the end of the runway during landing.

DATES: Effective August 5, 1998, to all persons except those persons to 
whom it was made immediately effective by telegraphic AD T98-15-51, 
issued July 14, 1998, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 5, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before August 31, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-229-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The applicable service information may be obtained from Airbus 
Industrie, 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, International Branch, 
ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056; telephone (206) 227-1175; fax (206) 227-
1149.

SUPPLEMENTARY INFORMATION: On July 14, 1998, the FAA issued telegraphic 
AD T98-15-51, which is applicable to all Airbus Model A319, A320, A321, 
A300, A310, A300-600, A330, and A340 series airplanes.
    The Direction Gonorale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on all Airbus Model A319, A320, A321, A300, A310, 
A300-600, A330, and A340 series airplanes. The DGAC advises that it 
received a report indicating a Model A320 series airplane overran the 
end of the runway upon landing. Investigation revealed that this event 
was attributed to the freezing of water that entered the bottom of the 
braking dual distribution valve (BDDV) during flight, which resulted in 
the failure of both the normal and alternate modes of the braking 
system upon landing.
    Subsequent investigation revealed that the normal braking system 
was lost at touchdown due to a malfunction of the brake steering 
control unit (BSCU) at autobrake selection in flight. Airplane and 
laboratory tests indicate that the absence of braking on the alternate 
braking system resulted from seizure of the alternate BDDV. Reports 
indicate this seizing of the BDDV was caused by the freezing of 33 
cubic centimeters of water found in the BDDV cover located at the 
bottom of the BDDV. The manufacturer indicated that the freezing 
occurred during flight and that there was insufficient time between the 
end of the flight and the landing for the ice to melt. The manufacturer 
also indicated that the rubber sealant normally applied to the junction 
area of the BDDV body and the cover was missing. In addition, a 
significant concentration of detergent was found in the water that was 
removed from the BDDV cover. Because the reasons for the missing 
sealant and existence of water in the BDDV are not yet determined, 
further analyses, tests, and investigations are being conducted.
    These conditions, if not corrected, could result in failure of the 
alternate braking system, which could result in the airplane 
overrunning the end of the runway during landing.

Similar Airplane Models

    The BSCU and BDDV installed on Model A320 series airplanes are 
similar in design to the BSCU and BDDV installed on Model A319, A320, 
A300, A310, A300-600, A330, and A340 series airplanes; therefore, the 
FAA finds that all such airplanes are subject to the same unsafe 
condition identified in this AD.

Explanation of Relevant Service Information

    Airbus has issued All Operator Telex (AOT) 32-19, dated July 7, 
1998, which describes procedures for in-flight operational checks of 
the alternate braking system by the flight crew, and replacement of the 
BDDV with a serviceable part, if necessary.
    The AOT references the following Flight Operation Telexes (FOT's) 
as additional sources of service information: FOT 999.0062 (for Model 
A300 series airplanes), FOT 999.0061 (for Model A300-600 and A310 
series airplanes), FOT 999.059 (for Model A319, A320, and A321 series 
airplanes), and FOT 999.0060 (for Model A330 and A340 series 
airplanes); all dated July 7, 1998.
    The DGAC classified the AOT as mandatory and issued French 
airworthiness directives T98-263-120 (B), T98-263-255(B), T98-263-
075(B), and T98-263-092(B), all dated July 8, 1998, in order to assure 
the continued

[[Page 40806]]

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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued telegraphic AD T98-15-51 to prevent failure of 
the alternate braking system, which could result in the airplane 
overrunning the end of the runway upon landing. The AD requires an 
initial and repetitive in-flight operational checks of the alternate 
braking system, and replacement of the BDDV with a serviceable part, if 
necessary. This AD also requires that operators report to the 
manufacturer any findings of the initial operational check and findings 
of any defective BDDV parts for the repetitive operational checks. The 
actions are required to be accomplished in accordance with the AOT 
described previously.
    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual telegrams 
issued on July 14, 1998, to all known U.S. owners and operators of all 
Airbus Model A319, A320, A321, A300, A310, A300-600, A330, and A340 
series airplanes. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective as 
to all persons.

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.
    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 98-NM-229-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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, 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 adding the following new 
airworthiness directive:

98-15-51  Airbus: Amendment 39-10678. Docket 98-NM-229-AD.

    Applicability: All Model A319, A320, A321, A300, A310, A300-600, 
A330, and A340 series airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 failure of the alternate braking system, which could 
result in the airplane overrunning the end of the runway during 
landing, accomplish the following:
    (a) Within 10 days after the effective date of this AD, perform 
an initial in-flight operational check of the alternate braking 
system, in accordance with Airbus All Operator Telex (AOT) 32-19, 
dated July 7, 1998. Thereafter, perform repetitive in-flight

[[Page 40807]]

operational checks at intervals not to exceed 7 days.
    (1) If no discrepancy is found, continue the repetitive in-
flight operational checks.
    (2) If any discrepancy is found, prior to further flight, 
replace the brake dual distribution valve (BDDV) with a serviceable 
part, in accordance with AOT 32-19, dated July 7, 1998.

    Note 2: AOT 32-19, dated July 7, 1998, references the following 
Flight Operation Telexes (FOT's) as additional sources of service 
information: FOT 999.0062 (for Model A300 series airplanes), FOT 
999.0061 (for Model A300-600 and A310 series airplanes), FOT 999.059 
(for Model A319, A320, and A321 series airplanes), and FOT 999.0060 
(for Model A330 and A340 series airplanes); all dated July 7, 1998.

    (b) Within 5 days after accomplishment of the initial in-flight 
operational check of the alternate braking system, or within 5 days 
after the effective date of this AD, whichever occurs later: Submit 
a report to the manufacturer of all findings of the initial 
operational check to Airbus Customer Services, Engineering and 
Technical Support, Attention Mr. Zanderigo, AI/SE-E32; phone number 
33 (0)5 61 93 40 38; fax number 33 (0)5 61 93 32 73; SITA code 
TLSBW7X. Thereafter, within 5 days after the accomplishment of any 
repetitive in-flight operational check of the alternate braking 
system, submit a report of any defective BDDV part to the Airbus 
address specified previously in this paragraph. Information 
collection requirements contained in this regulation have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the paperwork reduction act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB control number 2120-0056.
    (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, International Branch, FAA, 
Transport Airplane Directorate, 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 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.

    (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 actions shall be done in accordance with Airbus All 
Operator Telex (AOT) 32-19, dated July 7, 1998. 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 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 directives T98-263-120 (B), T98-263-255(B), T98-263-
075(B), and T98-263-092(B), all dated July 8, 1998.

    (f) This amendment becomes effective on August 5, 1998, to all 
persons except those persons to whom it was made immediately 
effective by telegraphic AD T98-15-51, issued July 14, 1998, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on July 22, 1998.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-20224 Filed 7-30-98; 8:45 am]
BILLING CODE 4910-13-U