[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Rules and Regulations]
[Pages 5007-5008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2107]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-257-AD; Amendment 39-13446; AD 2004-03-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Airbus Model A321 series airplanes. This action 
requires revising the Limitations section of the airplane flight manual 
to include an instruction to use Flap 3 for landing when performing an 
approach in conditions of moderate to severe icing, significant 
crosswind (i.e., crosswinds greater than 20 knots, gust included), or 
moderate to severe turbulence. This action is necessary to prevent roll 
oscillations during approach and landing in certain icing, crosswind, 
and turbulent conditions, which could result in reduced controllability 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective February 18, 2004. Comments for inclusion in the Rules 
Docket must be received on or before March 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-257-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 the Internet must contain 
``Docket No. 2003-NM-257-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    Information pertaining to this AD may be examined at the FAA, 
Transport Airplane Directorate, Rules Docket, 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: 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 all Airbus Model A321 series 
airplanes. The DGAC advises that pilots of two separate Model A321 
series airplanes encountered some lateral handling difficulties, which 
led to roll oscillations. These difficulties occurred when the pilots 
were performing manual approaches using flaps full in moderate icing 
conditions. External inspections of the affected airplanes revealed ice 
on the parts of the wing and horizontal stabilizer that do not have 
thermal anti-ice capability. The DGAC also advises that some operators 
reported roll oscillations during manual approach in crosswind or in 
moderate to severe turbulence. Roll oscillations during approach and 
landing in certain icing, crosswind, and turbulent conditions, could 
result in reduced controllability of the airplane.
    The DGAC issued French airworthiness directive 2003-388(B), dated 
October 15, 2003, to ensure the continued airworthiness of these 
airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 us 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 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, this AD is being issued to prevent roll 
oscillations, which could result in reduced controllability of the 
airplane. This AD requires revising the Limitations section of the 
airplane flight manual (AFM) to include an instruction to use Flap 3 
for landing when performing a manual approach in conditions of moderate 
to severe icing, significant crosswind (i.e., crosswinds greater than 
20 knots, gust included), or moderate to severe turbulence.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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.
    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 AD is being requested.

[[Page 5008]]

     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 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 2003-NM-257-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.
    We have 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, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-03-02 Airbus: Amendment 39-13446. Docket 2003-NM-257-AD.

    Applicability: All Model A321 series airplanes, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent roll oscillations during approach and landing in 
certain icing, crosswind, and turbulent conditions, which could 
result in reduced controllability of the airplane, accomplish the 
following:

Airplane Flight Manual Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations Section of the airplane flight manual (AFM) to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``A321 Approach and Landing (Roll Control)
    When moderate to severe icing conditions, or significant cross 
wind (i.e., crosswinds greater than 20 knots, gust included), or 
moderate to severe turbulence are anticipated:
    Use FLAP 3 for landing.''

    Note 1: When a statement identical to that in paragraph (a) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2003-388(B), dated October 15, 2003.

Effective Date

    (c) This amendment becomes effective on February 18, 2004.

    Issued in Renton, Washington, on January 28, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2107 Filed 2-2-04; 8:45 am]
BILLING CODE 4910-13-P