[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Proposed Rules]
[Pages 48985-48987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-372-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A319, A320, 
and A321 series airplanes. This proposed AD would require replacing 
certain flight warning computers (FWCs) with improved FWCs. This 
proposed AD is prompted by mandatory continuing airworthiness 
information issued by a foreign civil airworthiness authority. The 
actions specified in this proposed AD are intended to ensure that 
radioaltimeter malfunctions are annunciated to the flightcrew, and to 
prevent consequent erroneous autopilot behavior during approach and 
landing. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by October 25, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-372-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-372-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 48986]]

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-372-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. 2000-NM-372-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 radio altimeter software anomalies 
could lead to erroneous position data with no alarm detection on 
airplanes equipped with a flight warning computer (FWC) at a standard 
below E2. Failure of the FWC to annunciate radioaltimeter malfunctions 
to the flightcrew could result in erroneous autopilot behavior during 
approach and landing.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-31-1106, Revision 04, dated 
December 21, 1999, which describes procedures for replacing both FWCs 
E1 standard with FWCs modified to the E2 standard. The modification to 
the FWC involves modifying four cards in the FWCs and either replacing 
or reprogramming the on-board replaceable modules (OBRMs) in the FWCs. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
DGAC classified this service bulletin as mandatory and issued French 
airworthiness directive 2000-320-147(B), dated July 26, 2000, to ensure 
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 
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 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 require actions specified 
in Airbus Service Bulletin A320-31-1106, described previously.

Difference Between Proposed AD and French Airworthiness Directive

    The DGAC classified Airbus Service Bulletin A320-31-1141, dated 
March 6, 2000, as an alternative method of compliance with the 
requirements of the French airworthiness directive. The FAA finds it 
unnecessary to refer to that service bulletin, which specifies the 
prior or concurrent accomplishment of Airbus Service Bulletin A320-31-
1106 (the cited source of service information for the actions in this 
proposed AD).

Cost Impact

    Approximately 352 airplanes of U.S. registry would be affected by 
this proposed AD. It would take approximately 3 work hours per airplane 
to do the proposed actions, at an average labor rate of $60 per work 
hour. Required parts would be provided by the manufacturer at no cost 
to the operators. Based on these figures, the cost of the proposed AD 
on U.S. operators is estimated to be $63,360, or $180 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet done any of the actions of this proposed AD, and 
that no operator would do those actions in the future unless this 
proposed AD is adopted. The cost figures discussed in AD's represent 
only the time necessary to do the specific actions required by an AD. 
These figures typically do not include incidental costs, such as time 
for access and close, or time for planning and other administrative 
actions.

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.

[[Page 48987]]

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 adding the following new 
airworthiness directive:

Airbus Industrie: Docket 2000-NM-372-AD.

    Applicability: Model A319, A320, and A321 series airplanes 
without Airbus Modification 26017; certificated in any category.

    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 ensure that radioaltimeter malfunctions are annunciated to 
the flightcrew, and to prevent consequent erroneous autopilot 
behavior during approach and landing, accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD, 
replace the flight warning computers (FWCs) in accordance with 
Airbus Service Bulletin A320-31-1106, Revision 04, dated December 
21, 1999.

    Note 2: FWC replacement accomplished prior to the effective date 
of this AD in accordance with Airbus Service Bulletin A320-31-1106, 
dated January 3, 1997; Revision 01, dated April 16, 1997; Revision 
02, dated January 20, 1998; or Revision 03, dated July 9, 1999, is 
acceptable for compliance with the requirements of paragraph (a) of 
this AD.

Spare Parts

    (b) As of the effective date of this AD, no person may install 
an FWC, part number 350E017251414, on any airplane.

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, 
Transport Airplane Directorate, FAA. 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.

Special Flight Permit

    (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.

    Note 4: The subject of this AD is addressed in French 
airworthiness directive 2000-320-147(B), dated July 26, 2000.


    Issued in Renton, Washington, on September 18, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-23827 Filed 9-24-01; 8:45 am]
BILLING CODE 4910-13-U