[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Proposed Rules]
[Pages 20105-20108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9361]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-351-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

[[Page 20106]]


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, and A321 series airplanes, that currently requires revising the 
FAA-approved Airplane Flight Manual (AFM) to increase monitoring of the 
flight path of the airplane to detect certain software anomalies of the 
flight management guidance system, and take appropriate corrective 
actions. This proposed AD would add a requirement to either modify the 
existing on-board replaceable modules of the flight management guidance 
computers (FMGC) to incorporate software changes, or replace the FMGC's 
with new, improved FMGC's; which would terminate the requirements for 
the AFM revision. This proposal is prompted by the issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by the proposed AD are 
intended to prevent erroneous navigational calculations, which could 
result in an increased risk of collision with terrain or other 
airplanes.

DATES: Comments must be received by May 15, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-351-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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; 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, 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-351-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. 99-NM-351-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 9, 1997, the FAA issued AD 97-21-10, amendment 39-10163 
(62 FR 53939, October 17, 1997), applicable to certain Airbus Model 
A319, A320, and A321 series airplanes, to require revising the FAA-
approved Airplane Flight Manual to increase monitoring of the flight 
path of the airplane to detect certain software anomalies of the flight 
management guidance system (FMGS), and take appropriate corrective 
actions. That action was prompted by the issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The requirements of that AD are intended to ensure that the 
flightcrew detects and corrects an unintended flight path if certain 
software anomalies of the FMGS occur, which could result in an 
increased risk of collision with terrain or other airplanes.

Actions Since Issuance of Previous Rule

    In the preamble to AD 97-21-10, the FAA specified that the actions 
required by that AD were considered ``interim action'' until final 
action was identified, at which time further rulemaking action would be 
considered. Since the issuance of that AD, the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, advises that a new standard of the flight management guidance 
computer (FMGC) includes software changes that improve navigational 
guidance calculations. The FAA now has determined that further 
rulemaking action is indeed necessary to require either the 
modification of all existing on-board replaceable modules of the FMGC's 
to incorporate software changes, or replacement of all existing FMGC's 
with new, improved FMGC's, in order to address the unsafe condition and 
ensure the continued safe operation of those airplanes. This proposed 
AD follows from that determination and allows opportunity for public 
comment.

Explanation of Relevant Service Information

    Airbus has issued the following service bulletins:
     A320-22-1063, Revision 01, dated October 8, 1999.
     A320-22-1064, dated September 15, 1998.
     A320-22-1065, dated October 28, 1998.
     A320-22-1067, Revision 01, dated July 7, 1999.
     A320-22-1068, dated December 9, 1998.
     A320-22-1069, dated February 1, 1999.
    These service bulletins describe procedures for either the 
modification of all existing on-board replaceable modules of the FMGC's 
to incorporate software changes, or the replacement of all existing 
FMGC's with new, improved FMGC's. The DGAC classified these service 
bulletins as mandatory and issued French airworthiness directive 1999-
411-140(B), dated October 20, 1999, in order to assure the continued 
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 
Sec. 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

[[Page 20107]]

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 97-21-10 to 
continue to require a revision to the Airplane Flight Manual (AFM) to 
increase monitoring of the flight path of the airplane to detect 
certain software anomalies of the flight management guidance system, 
and take appropriate corrective actions. This proposed AD would add a 
requirement to either modify all existing on-board replaceable modules 
of the FMGC's to incorporate software changes, or replace all existing 
FMGC's with new, improved FMGC's; which would terminate the 
requirements for the AFM revision. The actions would be required to be 
accomplished in accordance with the service bulletins described 
previously, as applicable.
    This proposed AD also would limit the applicability of the existing 
AD to airplanes on which a certain modification has been installed or 
service bulletin has been accomplished, and excludes airplanes on which 
another modification has been installed or service bulletin has been 
accomplished.

Other Relevant Rulemaking

    The FAA previously has issued AD 98-19-08, amendment 39-10750 (63 
FR 50503, September 22, 1998), applicable to certain Airbus Model A321 
series airplanes. AD 98-19-08 requires revising the AFM to prohibit 
automatic landings and Category III operations on runways with a 
magnetic orientation of 170 degrees through 190 degrees inclusive. That 
amendment provides optional terminating action for the AFM revision.
    The modification or replacement action that would be required by 
this proposed AD constitutes terminating action for the AFM 
requirements of AD 98-19-08.

Cost Impact

    There are approximately 200 Airbus Model A319, A320, and A321 
series airplanes of U.S. registry that would be affected by this 
proposed AD.
    The actions that are currently required by AD 97-21-10 and retained 
in this AD take approximately 1 work hour per airplane to accomplish, 
at an average labor rate of $60 per work hour. Required parts would be 
provided by the manufacturer at no charge to the operators. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is estimated to be $60 per airplane.
    The new actions that are 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 the proposed requirements of this AD on U.S. operators is 
estimated to be $12,000, 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 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 39-10163 (62 FR 
53939, October 17, 1997), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 99-NM-351-AD. Supersedes AD 97-21-10, 
Amendment 39-10163.

    Applicability: Model A319, A320, and A321 series airplanes; 
certificated in any category; on which any of the Airbus 
modifications has been installed or any of the Airbus service 
bulletins has been accomplished, as listed in the following table; 
except those airplanes on which Airbus Modification 26716, 26799, 
26968, or 27831 has been installed; or except those airplanes on 
which Airbus Service Bulletin A320-22-1063, A320-22-1064, A320-22-
1065, A320-22-1067, A320-22-1068, or A320-22-1069 has been 
accomplished:

------------------------------------------------------------------------
                                                     Airbus modification
                 Affected model(s)                        installed
------------------------------------------------------------------------
A319 and A321.....................................  25469 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1054).
A319, A320, and A321..............................  26093.
A320..............................................  24065 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1040) or 24067
                                                     (reference Airbus
                                                     Service Bulletin
                                                     A320-22-1039).
A320..............................................  25314 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1051) or 25315
                                                     (reference Airbus
                                                     Service Bulletin
                                                     A320-22-1050).
A320 and A321.....................................  24064 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1034) or 24066
                                                     (reference Airbus
                                                     Service Bulletin
                                                     A320-22-1029).
A320 and A321.....................................  25199 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1045) or 25200
                                                     (reference Airbus
                                                     Service Bulletin
                                                     A320-22-1046).
A320 and A321.....................................  25240 (reference
                                                     Airbus Service
                                                     Bulletin A320-22-
                                                     1033) or 25274
                                                     (reference Airbus
                                                     Service Bulletin
                                                     A320-22-1056).
A319, A320, and A321..............................  26243.

[[Page 20108]]

 
A319 and A320.....................................  26717.
------------------------------------------------------------------------


    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 (e)(1) 
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 navigational calculations, which could 
result in an increased risk of collision with terrain or other 
airplanes, accomplish the following:

Restatement of Requirements of AD 97-21-10

    (a) Within 10 days after November 3, 1997 (the effective date of 
AD 97-21-10, amendment 39-10163), revise the Normal Procedures 
Section of the FAA-approved Airplane Flight Manual (AFM) by 
inserting a copy of Model A319/320/321 Flight Manual Temporary 
Revision 4.03.00/02, dated May 28, 1997, into the AFM.

    Note 2: When the temporary revision specified in paragraph (a) 
of this AD has been incorporated into the general revisions of the 
AFM, the general revisions may be inserted in the AFM, provided the 
information contained in the general revisions is identical to that 
specified in Model A319/320/321 Flight Manual Temporary Revision 
4.03.00/02.

New Requirements of This AD

    (b) Within 18 months after the effective date of this AD, 
accomplish either paragraph (b)(1) or (b)(2) of this AD, in 
accordance with Airbus Service Bulletin A320-22-1063, Revision 01, 
dated October 8, 1999; A320-22-1064, dated September 15, 1998; A320-
22-1065, dated October 28, 1998; A320-22-1067, Revision 01, dated 
July 7, 1999; A320-22-1068, dated December 9, 1998; or A320-22-1069, 
dated February 1, 1999; as applicable. Following accomplishment of 
either paragraph (b)(1) or (b)(2) of this AD, the AFM revision 
required by paragraph (a) of this AD may be removed from the AFM.
    (1) Modify all existing on-board replaceable modules of the 
flight management guidance computers (FMGC) to incorporate software 
changes in accordance with the Accomplishment Instructions of the 
applicable service bulletin.
    (2) Replace all existing FMGC's with new, improved FMGC's in 
accordance with the Accomplishment Instructions of the applicable 
service bulletin.
    (c) Accomplishment of either the modification or replacement 
action required by paragraph (b) of this AD constitutes terminating 
action for the AFM requirements of paragraph (a) of AD 98-19-08, 
amendment 39-10750. Following accomplishment of either of those 
actions, remove the FAA-approved AFM revision required by that AD 
(Airbus A319/320/321 Airplane Flight Manual Temporary Revision 
9.99.99/44, Issue 2, dated March 3, 1998).

Spares

    (d) As of the effective date of this AD, no person shall install 
any FMGC part number B546BAM0205, B546CAM0101, B546BCM0204, 
B398BAM0207, B398AAM0410, B546CCM0101, B546CCM0102, B546CCM0103, or 
B398BCM0107; unless it has been modified in accordance with this AD.

Alternative Methods of Compliance

    (e)(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 97-21-10, amendment 39-10163, are approved as 
alternative methods of compliance with paragraph (a) of 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.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Secs. 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 1999-411-140(B), dated October 20, 1999.


    Issued in Renton, Washington, on April 10, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-9361 Filed 4-13-00; 8:45 am]
BILLING CODE 4910-13-U