[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70637-70639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33693]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-358-AD; Amendment 39-10952; AD 98-25-51]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 and A300-600 Series 
Airplanes Equipped with Pratt & Whitney JT9D-7R4 or 4000 Series Engines

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) T98-25-51 that was sent 
previously to all known U.S. owners and operators of certain Airbus 
Model A310 and A300-600 airplanes by individual telegrams. This AD 
requires deactivation of both thrust reversers and a revision of the 
Airplane Flight Manual (AFM) to ensure that safe and appropriate 
performance is achieved during certain takeoff conditions. 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 inflight deployment of a 
thrust reverser, which could result in reduced controllability of the 
airplane.

DATES: Effective December 28, 1998, to all persons except those persons 
to whom it was made immediately effective by telegraphic AD T98-25-51, 
issued on December 2, 1998, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director

[[Page 70638]]

of the Federal Register as of December 28, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before January 21, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-358-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The applicable service information 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Greg Rutar, Airframe/Airworthiness 
Branch, ANM-115, FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; telephone (425) 227-1137; fax (425) 
227-1149.

SUPPLEMENTARY INFORMATION: On December 2, 1998, the FAA issued 
telegraphic AD T98-25-51, which is applicable to certain Airbus Model 
A310 and A300-600 series airplanes equipped with Pratt & Whitney JT9D-
7R4 or PW4000 series engines.
    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that it received a 
report indicating that the thrust reverser of engine number 1 on an 
Airbus Model A300-600 series airplane deployed during climb. At the 
time of the deployment, the engine was at climb power and the indicated 
air speed was at approximately 240 knots. The corresponding engine was 
set to idle power automatically. The auto restow function was activated 
automatically by the aircraft system logic leading to the thrust 
reverser being stowed away. Investigation revealed that the pressure 
regulator shut-off valve was defective. However, a defective pressure 
regulator shut-off valve is not enough to cause deployment of the 
thrust reverser, unless another failure occurs at the same time. Airbus 
is continuing further analysis and investigation to determine the cause 
of the thrust reverser deployment.
    Inflight deployment of a thrust reverser, if not prevented, could 
result in reduced controllability of the airplane.

Explanation of Relevant Service Information

    Airbus has issued All Operators Telex (AOT) 78-08, dated November 
30, 1998, which describes procedures for deactivation of both thrust 
reversers. The DGAC classified that AOT as mandatory and issued French 
airworthiness directive T98-477-273(B), dated November 30, 1998, in 
order to assure the continued airworthiness of these airplanes in 
France.
    That French airworthiness directive also contains a note 
recommending certain operational performance penalties be applied as 
specified in Airbus Flight Operations Telex (FOT) 999.0124/98, dated 
November 30, 1998, for airplanes on which the thrust reversers are 
deactivated.

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 T98-25-51 to prevent inflight 
deployment of a thrust reverser, which could result in reduced 
controllability of the airplane. The AD requires deactivation of both 
thrust reversers, in accordance with the AOT described previously.
    Additionally, the AD requires a revision of the FAA-approved 
airplane flight manual (AFM), in order to ensure that safe and 
appropriate performance is achieved during certain takeoff conditions 
for airplanes on which both thrust reversers have been deactivated. 
This AD requires a revision of the AFM to require performance penalties 
for those certain takeoff conditions.

Interim Action

    The requirements of this AD are 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 December 2, 1998, to all known U.S. owners and operators of 
certain Airbus Model A310 and A300-600 series airplanes equipped with 
Pratt & Whitney JT9D-7R4 or PW4000 series engines. 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-358-AD.'' The postcard will be date stamped and 
returned to the commenter.

[[Page 70639]]

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:

98-25-51  Airbus Industrie: Amendment 39-10952. Docket 98-NM-358-AD.

    Applicability: Model A310 and A300-600 series airplanes equipped 
with Pratt & Whitney JT9D-7R4 or PW4000 series engines; 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 inflight deployment of a thrust reverser, which could 
result in reduced controllability of the airplane; accomplish the 
following:
    (a) Within the next 4 flight cycles after the effective date of 
this AD, deactivate both thrust reversers in accordance with Airbus 
All Operators Telex (AOT) 78-08, dated November 30, 1998.
    (b) Within the next 4 flight cycles after the effective date of 
this AD, revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following:
    The takeoff performance on wet and contaminated runways with 
thrust reversers deactivated shall be determined in accordance with 
Airbus Flight Operations Telex (FOT) 999.0124/98, dated November 30, 
1998, as follows:
    For takeoff on wet runways, use performance data in accordance 
with paragraph 4.1 of the FOT.
    For takeoff on contaminated runways, use performance data in 
accordance with paragraph 4.2 of the FOT.

[Note: This supersedes any relief provided by the Master Minimum 
Equipment List (MMEL).]

    Note 2: The ``FCOM'' referenced in Airbus Flight Operations 
Telex (FOT) 999.0124/98, dated November 30, 1998, is Airbus 
Industrie Flight Crew Operating Manual (FCOM), Revision 27 for 
Airbus Model A310 series airplanes and Revision 22 for A300-600 
series airplanes. [The revision number is indicated on the List of 
Effective Pages (LEP) of the FCOM.]
    (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, 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.

    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 deactivation of both thrust reversers shall be done in 
accordance with Airbus All Operators Telex (AOT) 78-08, dated 
November 30, 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 directive T98-477-273 (B), dated November 30, 1998.

    (f) This amendment becomes effective on December 28, 1998, to 
all persons except those persons to whom it was made immediately 
effective by telegraphic AD T98-25-51, issued on December 2, 1998, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on December 15, 1998.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-33693 Filed 12-21-98; 8:45 am]
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