[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Proposed Rules]
[Pages 44663-44665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-25-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, A321, A330, 
and A340 Series Airplanes Equipped With AlliedSignal RIA-35B Instrument 
Landing System Receivers

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 certain Airbus Model A319, 
A320, A321, A330, and A340 series airplanes, that currently requires 
revising the Airplane Flight Manual (AFM) to require the flightcrew to 
discontinue use of any Instrument Landing System (ILS) receiver for 
which a certain caution message is displayed. It also requires, for 
certain airplanes, replacing any faulty ILS receiver with a new, 
serviceable, or modified unit, and provides for optional terminating 
action for the AFM revisions. That amendment was prompted by a pilot's 
report of errors in the glide slope deviation provided by an ILS 
receiver. This action would require accomplishment of the previous 
optional terminating action. The actions specified by this proposal are 
intended to detect and correct faulty ILS receivers and to ensure that 
the flightcrew is advised of the potential hazard of performing ILS 
approaches using a localizer deviation from a faulty ILS receiver, and 
advised of the procedures necessary to address that hazard. An 
erroneous localizer deviation could result in a landing outside the 
lateral boundary of the runway.

DATES: Comments must be received by September 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-25-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 this AD may be obtained from 
AlliedSignal Aerospace, Technical Publications, Dept. 65-70, P.O. Box 
52170, Phoenix, Arizona 85072-2170. 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 99-NM-25-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.

[[Page 44664]]

99-NM-25-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

Discussion

    On August 6, 1998, the FAA issued AD 98-17-05, amendment 39-10707 
(63 FR 43294, August 13, 1998), applicable to certain Airbus Model 
A319, A320, A321, A330, and A340 series airplanes, to require the 
flightcrew to discontinue use of any Instrument Landing System (ILS) 
receiver for which a certain caution message is displayed and, for 
certain airplanes, replacement of any faulty ILS receiver with a new, 
serviceable, or modified unit. That AD also provides for an optional 
terminating action for the AFM revisions. That action was prompted by a 
pilot's report of errors in the glide slope deviation provided by an 
ILS receiver. The requirements of that AD are intended to detect and 
correct faulty ILS receivers, to ensure that the flightcrew is advised 
of the potential hazard of performing ILS approaches using a localizer 
deviation from a faulty ILS receiver, and advised of the procedures 
necessary to address that hazard, which could result in a landing 
outside the lateral boundary of the runway.

Actions Since Issuance of Previous Rule

    In the preamble to AD 98-17-05, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking action is indeed necessary to require replacement of 
all existing RIA-35B ILS receivers with modified parts, which would 
constitute terminating action for the AFM revisions. This proposed AD 
follows from that determination and allows opportunity for public 
comment.
    In light of the criticality of the unsafe condition (an error in 
the glide slope deviation provided by an ILS receiver, which could 
result in a landing outside of the lateral boundary of the runway), 
reliance on the AFM procedures to require the flightcrew to discontinue 
use of any ILS receiver for which a certain caution message is 
displayed and replacement of faulty ILS receivers may not provide the 
degree of safety assurance necessary for the transport airplane fleet. 
Therefore, replacement of all existing RIA-35B ILS receivers with 
modified parts is necessary to ensure long-term continued operational 
safety.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-34-1163, Revision 01, dated 
August 19, 1998 (for Model A319, A320 and A321 series airplanes), 
Service Bulletin A330-34-3068, dated April 28, 1998 (for Model A330 
series airplanes), and Service Bulletin A340-34-4073, dated April 28, 
1998 (for Model A340 series airplanes). These service bulletins provide 
information on the installation of RIA-35B ILS receivers that have been 
modified in accordance with AlliedSignal Electronic and Avionics 
Systems Service Bulletin M-4431 (RIA-35B-34-7), Revision 1, dated May 
1998, onto the airplane.
    Airbus has developed production modification 27251 (for Model A319, 
A320, and A321 series airplanes) and production modification 46264 (for 
Model A330 and A340 series airplanes). These modifications involve the 
installation of modified ILS receivers on these airplanes during 
production, which would eliminate the need for the AFM limitations 
required by the existing AD.

U.S. Type Certification of the Airplanes

    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.

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 98-17-05 to 
continue to require the flightcrew to discontinue use of any ILS 
receiver for which a certain caution message is displayed. For certain 
airplanes, the proposed AD would continue to require replacement of any 
faulty ILS receiver with a new, serviceable, or modified unit. The 
proposed AD would add a new requirement for replacement of all existing 
RIA-35B ILS receivers with modified parts, which would constitute 
terminating action for the AFM revisions described previously. The 
replacement would be required to be accomplished in accordance with 
AlliedSignal Electronic and Avionics Systems Service Bulletin M-4431 
(RIA-35B-34-7), Revision 1, dated May 1998 (described previously in AD 
98-17-05).

Explanation of the Applicability of the Proposed Rule

    The FAA notes that its general policy is that, when an unsafe 
condition results from the installation of an appliance or other item 
that is installed in a limited number of airplane models, an AD is 
issued so that it is applicable to those airplanes, rather than the 
item. The reason for this is simple: making the AD applicable to the 
airplane models on which the item is installed ensures that operators 
of those airplanes will be notified directly of the unsafe condition 
and the action required to correct it. While it is assumed that an 
operator will know the models of airplanes that it operates, there is a 
potential that the operator will not know or be aware of specific items 
that are installed on its airplanes. Therefore, calling out the 
airplane model as the subject of the AD prevents ``unknowing non-
compliance'' on the part of the operator.

Cost Impact

    There are approximately 191 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The AFM revision that is currently required by AD 98-17-05, and 
retained in this 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 the currently required actions on 
U.S. operators is estimated to be $11,460, or $60 per airplane.
    The new replacement that is proposed in this AD action would take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $157 per airplane. Based on these figures, the cost 
impact of the replacement proposed by this AD on U.S. operators is 
estimated to be $87,287, or $457 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 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

[[Page 44665]]

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 39-10707 (63 FR 
43294, August 13, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 99-NM-25-AD. Supersedes AD 98-17-05, 
Amendment 39-10707.

    Applicability: Model A319, A320, A321, A330, and A340 series 
airplanes; certificated in any category; equipped with AlliedSignal 
RIA-35B Instrument Landing System (ILS) receivers, part number (P/N) 
066-50006-0202; excluding airplanes on which RIA-35B ILS receiver P/
N 066-50006-1202 [Airbus Modification 27251 (for Model A319, A320, 
and A321 series airplanes) or Modification 46264 (for Model A330 and 
A340 series airplanes)] has been installed.

    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 detect and correct faulty ILS receivers and to ensure that 
the flightcrew is advised of the potential hazard of performing ILS 
approaches using a localizer deviation from a faulty ILS receiver, 
and advised of the procedures necessary to address that hazard, 
accomplish the following:

Restatement of Actions Required by AD 98-17-05, Amendment 39-10707

    (a) Within 10 days after August 28, 1998 (the effective date of 
AD 98-17-05, amendment 39-10707), accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD.
    (1) 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.

``Instrument Landing (ILS) 1(2) Fault

    If ``ILS 1(2) FAULT,'' electronic centralized aircraft monitor 
(ECAM) caution, is triggered at any time during the flight, the 
affected ILS receiver must be considered as no longer available 
until it is replaced, and the flight crew must make the appropriate 
entry in the aircraft maintenance log prior to the next flight.
    During an ILS or LOC approach, the glide slope deviation and 
localizer deviation from ILS receivers 1 and 2 must be monitored and 
compared.
    If a discrepancy between the glide slope deviation and/or 
localizer deviation provided by ILS receivers 1 and 2 is 
experienced, interrupt the ILS approach.
    Do not conduct ILS or LOC approaches using a single ILS 
receiver.
    If ILS 1 has experienced an unannunciated failure there may be 
late or false ground proximity warning system (GPWS) alerts/
callouts. Affected GPWS features may include sink rate alerts, glide 
slope deviation alerts, and altitude callouts.''
    (2) Following accomplishment of the AFM revision required by 
paragraph (a)(1) of this AD, if a caution message reading ``ILS 1 
FAULT,'' ``ILS 2 FAULT,'' or ``ILS 1+2 FAULT'' is displayed 
intermittently or continuously on ECAM during any portion of any 
flight: Within 10 days after the message is first displayed, remove 
the faulty ILS receiver and install either a new or serviceable part 
that has the same P/N as the ILS receiver that was removed from the 
airplane or a part that has been modified in accordance with 
AlliedSignal Electronic and Avionics Systems Service Bulletin M-4431 
(RIA-35B-34-7), Revision 1, dated May 1998.

    Note 2: The ECAM messages described in paragraph (a)(2) of this 
AD, when displayed to the pilot, are normally preceded by ``NAV'' 
indicating a fault in the navigation system.

    (b) As of August 28, 1998, no person shall install on any 
airplane an AlliedSignal RIA-35B ILS receiver, P/N 066-50006-0202, 
that has been found to be discrepant [that is, an ILS receiver for 
which one of the caution messages specified in paragraph (a)(2) of 
this AD was displayed on the ECAM] unless the discrepancy has been 
corrected by modifying the ILS receiver in accordance with 
AlliedSignal Electronic and Avionics Systems Service Bulletin M-4431 
(RIA-35B-34-7), Revision 1, dated May 1998.

New Actions Required by This AD

    (c) Within 6 months after the effective date of this AD, replace 
all RIA-35B ILS receivers, P/N 066-50006-0202, with RIA-35B ILS 
receivers that have been modified in accordance with AlliedSignal 
Electronic and Avionics Systems Service Bulletin M-4431 (RIA-35B-34-
7), Revision 1, dated May 1998; on which the P/N's have been 
converted to 066-50006-1202. Such replacement constitutes 
terminating action for the requirements of paragraph (a) of this AD. 
After the replacement has been accomplished, the limitations 
required by paragraph (a)(1) of this AD may be removed from the AFM.

    Note 3: Modification of all AlliedSignal RIA-35B ILS receivers, 
P/N 066-50006-0202, accomplished prior to August 28, 1998, in 
accordance with AlliedSignal Electronic and Avionics Systems Service 
Bulletin M-4431 (RIA-35B-34-7), dated April 1998, is considered 
acceptable for compliance with the modification specified in this 
amendment.

    Note 4: Airbus Industrie Service Bulletin A320-34-1163, Revision 
01, dated August 19, 1998 (for Model A319, A320 and A321 series 
airplanes), Service Bulletin A330-34-3068, dated April 28, 1998 (for 
Model A330 series airplanes), and Service Bulletin A340-34-4073, 
dated April 28, 1998 (for Model A340 series airplanes), provide 
additional information on the installation of RIA-35B ILS receiver 
part number 066-50006-1202.

Alternative Methods of Compliance

    (d) 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 Operations Inspector 
or Principal Avionics Inspector or Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (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.

    Issued in Renton, Washington, on August 11, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-21333 Filed 8-16-99; 8:45 am]
BILLING CODE 4910-13-U