[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Rules and Regulations]
[Pages 9209-9211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4120]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-51-AD; Amendment 39-11593; AD 2000-04-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, and A321 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Airbus Model A319, A320, and A321 series 
airplanes. This action requires a revision to the Limitations and 
Normal Procedures Sections of the FAA-approved Airplane Flight Manual 
(AFM) to limit the use of the radio altimeter of the flight management 
guidance system (FMGS) during the approach phase of flight. This action 
also provides for an optional terminating modification, which, if 
accomplished, would terminate the requirement for the AFM revision. 
This amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified in this AD are intended to prevent erroneous 
display of decision height information to the flight crew during final 
approach, which could result in an increased risk of collision with the 
terrain.

DATES: Effective March 10, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 10, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before March 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-51-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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: Norman B. Martenson, Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on certain Airbus Model A319, 
A320, and A321 series airplanes. The DGAC advises that, during testing 
and analysis, logic errors, i.e., software anomalies, occurred on 
certain Rockwell Collins radio altimeters. Investigation revealed that, 
under certain conditions, the software anomalies cause the radio 
altimeter to display erroneous information to the flight crew with no 
alarm detection. This condition, if not corrected, could result in an 
increased risk of collision with the terrain.

Explanation of Relevant Service Information

    The manufacturer has issued Airbus A319/A320/A321 Airplane Flight 
Manual (AFM) Temporary Revision (TR) 2.05.00/43, dated September 16, 
1999. The temporary revision provides information for the flight crew 
concerning the use of the radio altimeter of the flight management 
guidance system (FMGS) during the approach phase of flight. The TR 
revises the AFM to limit the use of the automatic flight system for 
certain types of instrument landing system (ILS) approaches. The DGAC 
classified this TR as mandatory and issued airworthiness directive 
2000-004-142(B), dated January 12, 2000, in order to assure the 
continued airworthiness of these airplanes in France.
    Airbus also has issued Service Bulletin A320-31-1106, Revision 04, 
dated December 21, 1999, which describes procedures for modification of 
the flight warning computers (FWC). The modification involves 
incorporating software changes into the onboard replaceable modules of 
the FWC's. Accomplishment of the modification would terminate the 
requirement for the AFM temporary revision.

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 Requirements of 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, this AD is being issued to prevent erroneous 
display of decision height information to the flight crew during final 
approach, which could result in an increased risk of collision with the 
terrain. This AD requires a revision to the Limitations and Normal 
Procedures Sections of the FAA-approved AFM to limit the use of the 
radio altimeter of the FMGS during the approach phase of flight. This 
action also provides for an optional terminating modification, which 
would eliminate the need for the AFM revision. The optional terminating 
modification is to be accomplished in accordance with the service 
bulletin described previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at

[[Page 9210]]

which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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 2000-NM-51-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

2000-04-11 Airbus Industrie: Amendment 39-11593. Docket 2000-NM-51-
AD.

    Applicability: Model A319, A320, and A321 series airplanes; 
certificated in any category; equipped with Rockwell Collins radio 
altimeter LRA 700 having part number (P/N) 622-4542-020; excluding 
those on which Airbus Modification 26017 (Airbus Service Bulletin 
A320-31-1106) 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 (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 erroneous display of decision height information to 
the flight crew during final approach, which could result in an 
increased risk of collision with the terrain, accomplish the 
following:

Airplane Flight Manual (AFM) Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations and Normal Procedures Sections of the FAA-approved 
AFM by inserting a copy of Airbus Temporary Revision (TR) 2.05.00/
43, dated September 16, 1999, into the AFM.

    Note 2: When the Temporary Revision required by paragraph (a) of 
this AD has been incorporated into the general revisions of the AFM, 
the general revisions may be inserted into the AFM, provided that 
the information contained in the general revisions is identical to 
that specified in the Temporary Revision.

Optional Terminating Modification

    (b) In lieu of accomplishing the requirements of paragraph (a) 
of this AD, modify the flight warning computers, in accordance with 
Airbus Service Bulletin A320-31-1106, Revision 04, dated December 
21, 1999. After accomplishment of the modification, the AFM 
temporary revision required by paragraph (a) of this AD may be 
removed from the AFM.

    Note 3: Accomplishment of the modification specified by 
paragraph (b) of the AD, prior to the effective date of this AD, in 
accordance with Airbus Service Bulletin A320-31-1106, Revision 01, 
dated April 16, 1997; Revision 02, dated January 20, 1998; or 
Revision 03, dated July 9, 1999; is considered acceptable for 
compliance with the applicable actions specified in paragraph (b) of 
this AD.

Alternative Methods of Compliance

    (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 4: 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

    (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.

Incorporation by Reference

    (e) The revision to the Airplane Flight Manual shall be done in 
accordance with

[[Page 9211]]

Airbus Temporary Revision 2.05.00/43, dated September 16, 1999. 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 5: The subject of this AD is addressed in French 
airworthiness directive 2000-004-142(B), dated January 12, 2000.

    (f) This amendment becomes effective on March 10, 2000.

    Issued in Renton, Washington, on February 15, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-4120 Filed 2-23-00; 8:45 am]
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