[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54691-54694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-57-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes Equipped With Elevator and Aileron Computer (ELAC) L80 
Standard

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness

[[Page 54692]]

directive (AD), applicable to certain Airbus Model A319 and A320 series 
airplanes, that currently requires revising the airplane flight manual 
to specify procedures for landing under certain conditions of gusty 
winds and turbulence. This action would require replacement of both 
Elevator and Aileron Computers (ELACs) having L80 standards with new 
ELACs having L81 standards, which would terminate the requirements of 
the existing AD. The actions specified by the proposed AD are intended 
to prevent activation of the high angle-of-attack protection during 
final approach for landing, which could result in loss of ability to 
flare properly during landings. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by October 20, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-57-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. 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-57-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 or 2000 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:

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2002-NM-57-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. 2002-NM-57-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 19, 2001, the FAA issued AD 2001-08-26, amendment 39-12203 
(66 FR 20912, April 26, 2001), applicable to certain Airbus Model A319 
and A320 series airplanes, to require revising the airplane flight 
manual to specify procedures for landing under certain conditions of 
gusty winds and turbulence. That action was prompted by a report of a 
hard landing on a Model A320 series airplane equipped with ELAC L80 
standard, which was caused by activation of the high angle-of-attack 
protection during a landing in gusty winds and turbulence. The 
requirements of that AD are intended to prevent activation of the high 
angle-of-attack protection during final approach for landing, which 
could result in loss of ability to flare properly during landings.

Actions Since Issuance of Previous Rule

    In the preamble to AD 2001-08-26, we specified that we considered 
the requirements ``interim action'' and that the manufacturer was 
developing a modification to address the unsafe condition. That AD 
explained that we may consider further rulemaking if a modification is 
developed, approved, and available. The manufacturer now has developed 
such a modification, and we have determined that further rulemaking is 
indeed necessary; this proposed AD follows from that determination.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-27-1135, dated June 29, 
2001, which describes procedures for replacement of both Elevator and 
Aileron Computers (ELACs) having L80 standards with new ELACs having 
L81 standards. The procedures also describe testing the ELACs after 
replacement. The Direction Generale de l'Aviation Civile (DGAC), which 
is the airworthiness authority for France, classified this service 
bulletin as mandatory and issued French airworthiness directive 2001-
508(B), dated October 17, 2001, 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 
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. We have 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 supersede AD 2001-08-26 to 
continue to require revising the airplane flight manual to specify 
procedures for landing under certain conditions of

[[Page 54693]]

gusty winds and turbulence. The proposed AD also would require 
replacement of both ELACs having L80 standards with new ELACs having 
L81 standards, which would terminate the requirements of the existing 
AD. The actions would be required to be accomplished in accordance with 
the service information described previously.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs our airworthiness directives 
system. The regulation now includes material that relates to altered 
products, special flight permits, and alternative methods of compliance 
(AMOCs). Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD.

Change to Labor Rate-Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 350 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The AFM revision currently required by AD 2001-08-26 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $22,750, or $65 per airplane.
    The new replacement proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would be provided by 
the manufacturer at no cost to operators. Based on these figures, the 
cost impact of the proposed replacement on U.S. operators is estimated 
to be $22,750, or $65 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. 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 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 39-12203 (66 FR 
20912, April 26, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2002-NM-57-AD. Supersedes AD 2001-08-26, amendment 
39-12203

    .Applicability: Model A319 and A320 series airplanes; 
certificated in any category; equipped with Elevator and Aileron 
Computer (ELAC) L80 Standard having part numbers listed in Airbus 
Service Bulletin A320-27-1135, dated June 29, 2001.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent activation of the high angle-of-attack protection 
during final approach for landing, which could result in loss of the 
ability to flare properly during landings, accomplish the following:

Restatement of Requirements of AD 2001-08-26

Revision of Airplane Flight Manual (AFM)

    (a) Within 10 days after May 11, 2001 (the effective date of AD 
2001-08-26, amendment 39-12203): Revise the Limitations Section of 
the AFM to incorporate the following procedures. This may be 
accomplished by inserting a copy of this AD into the AFM. This 
action is required until accomplishment of paragraph (b) of this AD.

``FOR APPROACH TO RUNWAYS WITH KNOWN GUSTY ENVIRONMENT, ESPECIALLY 
IF THESE CONDITIONS GENERATE VERTICAL GUSTS DUE TO THE SURROUNDING 
TERRAIN,

OR

    --REPORTED GUST WIND INCREMENT (MAX. WIND MINUS AVERAGE WIND) 
HIGHER THAN 10 KT,

OR

--EXPECTED MODERATE TO SEVERE TURBULENCE ON SHORT FINAL,

    THE FLIGHT CREW SHOULD STRICTLY ADHERE TO THE FOLLOWING 
PROCEDURE:

--USE CONF 3 FOR APPROACH AND LANDING,
--MINIMUM VAPP IS VLS + 10 KT; THE RECOMMENDATION TO USE MANAGED 
SPEED REMAINS VALID,
--CORRECT THE LANDING DISTANCE FOR THE SPEED INCREMENT,
--IF ``SINK RATE'' GPWS WARNING OCCURS BELOW 200 FT, IMMEDIATELY 
INITIATE A GO AROUND.''

New Requirements of This AD

Replacement

    (b) Within 1 year after the effective date of this AD: Replace 
both Elevator and Aileron Computers (ELACs) having L80 standards 
with new ELACs having L81 standards, by doing all the actions per 
paragraphs A., B., C., and D. of the Accomplishment Instructions of 
Airbus Service Bulletin A320-27-1135, dated June 29, 2001. 
Accomplishment of this replacement ends the requirements in 
paragraph (a) of this AD.

Part Installation

    (c) As of the effective date of this AD, no person may install 
on any airplane an ELAC having a part number listed in the ``Old 
Part Number'' column in the table specified in paragraph 2.C., 
``List of Components,'' of Airbus Service Bulletin A320-27-1135, 
dated June 29, 2001.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116,

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FAA, Transport Airplane Directorate, is authorized to approve 
alternative methods of compliance for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2001-08-26, amendment 39-12203, are approved as alternative 
methods of compliance with paragraph (a) of this AD.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2001-508(B), dated October 17, 2001.


    Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23832 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-13-P