[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Rules and Regulations]
[Pages 19511-19514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9614]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-80-AD, Amendment 39-12724; AD 2002-06-53]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, A321, A330, 
and A340 Series Airplanes Equipped With Certain Thales Avionics Digital 
Distance and Radio Magnetic Indicators (DDRMIs)

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) 2002-06-53 that was sent 
previously to all known U.S. owners and operators of Airbus Model A319, 
A320, A321, A330, and A340 series airplanes equipped with certain 
Thales Avionics Digital Distance and Radio Magnetic Indicators (DDRMIs) 
by individual notices. This

[[Page 19512]]

AD requires deactivation of certain Thales Avionics DDRMIs. 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 failure of the DDRMI, 
which could cause the loss of data from the affected computers to other 
systems and degradation or total failure of the computers, leading to 
reduced ability to control the airplane in adverse conditions.

DATES: Effective April 29, 2002, to all persons except those persons to 
whom it was made immediately effective by emergency AD 2002-06-53, 
issued March 20, 2002, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 29, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before May 22, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-80-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. 2002-NM-80-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 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: 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: On March 20, 2002, the FAA issued emergency 
AD 2002-06-53, which is applicable to Airbus Model A319, A320, A321, 
A330, and A340 series airplanes equipped with certain Thales Avionics 
DDRMIs.
    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on Airbus Model A319, A320, A321, A330, and 
A340 series airplanes, equipped with certain Thales Avionics DDRMIs.
    The DGAC indicated that several operators have reported DDRMI 
circuit breaker tripping, followed by the loss of Very High Frequency 
Omni Range (VOR) and Distance Measuring Equipment (DME) sources for 
navigation and displays. Investigation has revealed that the DDRMI 
transformer short-circuited, leading to leakage of 115 volt alternating 
current (AC) to systems connected to DDRMI ARINC 429 input data busses.
    The computers connected to the ARINC 429 bus that may be affected 
include VOR 1 and 2, DME 1 and 2, Automatic Direction Finder (ADF) 1 
and 2, Display Management Computer (DMC) 1 and 2 and 3, Centralized 
Fault Display Interface Unit (CFDIU), Control and Display Unit--Air 
Data/Inertial Reference System (CDU-ADIRS), ADIRS 1 and 3, Fuel 
Quantity Indicating Computer (FQIC), Data Management Unit (DMU), Flight 
Augmentation Computer (FAC) 2, Flight Management and Guidance Computer 
(FMGC) 2, Braking and Steering Control Unit (BSCU), Spoiler and 
Elevator Computer (SEC) 2 and 3, Elevator and Aileron Computer (ELAC) 
2, Multi Mode Receiver (MMR) 1, Centralized Maintenance Computer (CMC) 
1 and 2, Flight Warning Computer (FWC) 1 and 2, and Multipurpose 
Control and Display Unit (MCDU) 2.
    Failure of the DDRMI, if not corrected, could cause the loss of 
data from the affected computers to other systems and degradation or 
total failure of the computers, leading to reduced ability to control 
the airplane in adverse conditions.

Explanation of Relevant Service Information

    Airbus has issued the following All Operators Telexes (AOTs) which 
describe procedures for deactivation of certain Thales Avionics DDRMIs:
     Airbus AOT A320-34A1262, dated March 19, 2002, applicable 
to certain Airbus Model A319, A320, and A321 series airplanes;
     Airbus AOT A330-34A3109, dated March 19, 2002, applicable 
to certain Airbus Model A330 series airplanes; and
     Airbus AOT A340-34A4120, dated March 19, 2002, applicable 
to certain Airbus Model A340 series airplanes.
    The DGAC classified these AOTs as mandatory and issued French 
airworthiness directives T2002-150(B), dated March 19, 2002, applicable 
to Airbus Model A319, A320, and A321 series airplanes; and T2002-
151(B), dated March 19, 2002, applicable to Airbus Model A330 and A340 
series airplanes; in order 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 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 emergency AD 2002-06-53 to prevent failure of 
the DDRMI, which could cause the loss of data from the affected 
computers to other systems and degradation or total failure of the 
computers, leading to reduced ability to control the airplane in 
adverse conditions. The AD requires deactivation of certain Thales 
Avionics DDRMIs. The actions are required to be accomplished in 
accordance with the applicable Airbus AOT, except as described below.

Corrections to Emergency AD

    The FAA has revised paragraph (b) of this AD to indicate that 
operators must submit requests for approval of alternative methods of 
compliance to the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA.
    In addition, the FAA has included the date of Airbus AOT A320-
34A1262 in the applicability of this AD. That date was inadvertently 
omitted from the applicability of the emergency AD.

[[Page 19513]]

Differences Between Foreign Airworthiness Directives and This AD

    The French airworthiness directives apply both to airplanes on 
which DDRMIs with specified part numbers were installed in production 
since 1999, and also to other airplanes on which DDRMIs with these same 
part numbers have been repaired or replaced since 1999. This AD applies 
to airplanes equipped with Thales Avionics DDRMIs listed in the 
applicable Airbus AOTs, regardless of repair or replacement status. The 
FAA has determined that it is possible that a DDRMI could have been 
repaired or replaced and that the required retention period for 
maintaining such records may have expired. Therefore, operators may not 
be able to ascertain whether repair or replacement has been 
accomplished.
    Since the FAA considers the unsafe condition resulting from failure 
of the DDRMI is far more critical than the operational consequences of 
deactivating the DDRMI, this AD mandates deactivation of all Thales 
Avionics DDRMIs listed in the applicable Airbus AOTs. Operators may 
request authorization to reactivate a particular DDRMI, if they have 
data to substantiate that the DDRMI is not susceptible to the failure 
condition identified in this AD.
    In addition, the French airworthiness directives specify that 
dispatch with an inoperative standby compass (Master Minimum Equipment 
List item 34-22-02a) is limited to a ``B'' rectification interval. This 
AD does not contain this restriction because the FAA's Master Minimum 
Equipment List already limits an inoperative standby compass to a ``B'' 
rectification interval.
    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 notices 
issued on March 20, 2002, to all known U.S. owners and operators of 
Airbus Model A319, A320, A321, A330, and A340 series airplanes equipped 
with certain Thales DDRMIs. 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.

Interim Action

    This AD is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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 2002-NM-80-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:

2002-06-53  Airbus Industrie: Amendment 39-12724. Docket 2002-NM-80-
AD.

    Applicability: Model A319, A320, and A321 series airplanes 
equipped with Thales Avionics Digital Distance and Radio Magnetic 
Indicators (DDRMIs) having part numbers specified in paragraph 3.2 
of Airbus All Operator Telex (AOT) A320-34A1262, dated March 19, 
2002; Model A330 series airplanes equipped with Thales Avionics 
DDRMIs having part numbers specified in paragraph 3.2 of Airbus AOT 
A330-34A3109, dated March 19, 2002; and Model A340 series airplanes 
equipped with Thales Avionics DDRMIs having part numbers specified 
in paragraph 3.2 of Airbus AOT A340-34A4120, dated March 19, 2002.

    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 (b) 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.

[[Page 19514]]

    To prevent failure of the DDRMI, which could cause the loss of 
data from the affected computers to other systems and degradation or 
total failure of the computers, leading to reduced ability to 
control the airplane in adverse conditions, accomplish the 
following:

Deactivation of the DDRMI

    (a) Within 7 days after the effective date of this AD, 
deactivate the DDRMI in accordance with Airbus All Operators Telex 
(AOT) A320-34A1262, dated March 19, 2002; Airbus AOT A330-34A3109, 
dated March 19, 2002; or Airbus AOT A340-34A4120, dated March 19, 
2002; as applicable.

    Note 2: Where there are differences between the Minimum 
Equipment List (MEL) and this AD, this AD prevails.

Alternative Methods of Compliance

    (b) 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 Seattle ACO.

Special Flight Permits

    (c) 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

    (d) The action shall be done in accordance with Airbus All 
Operator Telex A320-34A1262, dated March 19, 2002; Airbus All 
Operator Telex A330-34A3109, dated March 19, 2002; or Airbus All 
Operator Telex A340-34A4120, dated March 19, 2002; as applicable. 
(Only the first page of these documents contains the document number 
and date; no other page of the documents contains this information.) 
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 directives T2002-150(B) and T2002-151(B), both dated 
March 19, 2002.

Effective Date

    (e) This amendment becomes effective on April 29, 2002, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2002-06-53, issued March 20, 2002, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on April 15, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-9614 Filed 4-19-02; 8:45 am]
BILLING CODE 4910-13-U