[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Rules and Regulations]
[Pages 35425-35426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12321]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 97 / Monday, May 20, 2002 / Rules and 
Regulations  

[[Page 35425]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-372-AD; Amendment 39-12752; AD 2002-10-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A319, A320, and A321 series 
airplanes, that requires replacing certain flight warning computers 
(FWCs) with improved FWCs. This amendment 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 erroneous display of decision height information to the 
flightcrew during final approach, which could result in an increased 
risk of collision with terrain.

DATES: Effective June 24, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 24, 2002.

ADDRESSES: 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 Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A319, A320, 
and A321 series airplanes was published in the Federal Register on 
September 25, 2001 (66 FR 48985). That action proposed to require 
replacing certain flight warning computers (FWCs) with improved FWCs.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter requests that the proposed AD be revised to supersede 
AD 2000-04-11, amendment 39-11593 (65 FR 9209, February 24, 2000), and 
to restate the requirements of that AD as well as to require the 
previously optional terminating action. AD 2000-04-11 requires 
incorporation of a specific operational procedure into the Airplane 
Flight Manual (AFM) and provides for optional terminating action to 
incorporate Airbus Service Bulletin A320-31-1106. The proposed AD would 
require accomplishment of that Airbus service bulletin, which would 
terminate the requirements of AD 2000-04-11.
    The FAA does not concur. The applicability of AD 2000-04-11, which 
corresponds to French airworthiness directive 2000-004-142(B), is 
different from the applicability of this final rule. AD 2000-04-11 and 
the French airworthiness directive apply only to Airbus Model A319, 
A320, and A321 series airplanes equipped with Rockwell Collins radio 
altimeter LRA 700 having part number 622-4542-020, excluding those on 
which Airbus Modification 26017 has been installed. However, this final 
rule and corresponding French airworthiness directive 2000-320-147(B) 
apply to all Airbus Model A319, A320, and A321 series airplanes without 
Airbus Modification 26017, regardless of which radio altimeter is 
installed. In addition, French airworthiness directive 2000-320-147(B) 
did not supersede French airworthiness directive 2000-04-142(B), nor 
was the latter cancelled. Therefore, the FAA actions are consistent 
with the French airworthiness directives.
    The same commenter requests that the statement of unsafe condition 
in the proposed AD be revised to be consistent with AD 2000-04-11, as 
follows: ``To prevent erroneous display of decision height information 
to the flightcrew during final approach, which could result in an 
increased risk of collision with the terrain, accomplish the following. 
* * *'' The FAA concurs, and has revised this final rule accordingly.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 352 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 3 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be provided by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact of the 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 accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on

[[Page 35426]]

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

2002-10-06  Airbus Industrie: Amendment 39-12752. 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 
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 flightcrew during final approach, which could result in an 
increased risk of collision with terrain, 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 Permits

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Airbus Service 
Bulletin A320-31-1106, Revision 04, dated December 21, 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 4: The subject of this AD is addressed in French 
airworthiness directive 2000-320-147(B), dated July 26, 2000.

    (f) This amendment becomes effective on June 24, 2002.

    Issued in Renton, Washington, on May 10, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-12321 Filed 5-17-02; 8:45 am]
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