[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16167-16170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6243]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20755; Directorate Identifier 2004-NM-244-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Airbus Model A321 series airplanes. 
The existing AD currently 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 proposed AD 
would require replacing existing elevator and aileron computers (ELAC) 
with ELACs having either L83 or L91 software, as applicable, which 
would terminate the requirements of the existing AD. This proposed AD 
would also require a related concurrent action. In addition, this 
proposed AD would revise the applicability by removing airplanes with 
these ELAC software standards incorporated in production. This proposed 
AD is prompted by issuance of mandatory continuing airworthiness 
information by a civil airworthiness authority. We are proposing this 
AD to prevent roll oscillations during approach and landing in certain 
icing, crosswind, and turbulent conditions, which could result in 
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 29, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov

[[Page 16168]]

and follow the instructions for sending your comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20755; the directorate identifier for this docket is 
2004-NM-244-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20755; 
Directorate Identifier 2004-NM-244-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On January 28, 2004, we issued AD 2004-03-02, amendment 39-13446 
(69 FR 5007, February 3, 2004), for all Airbus Model A321 series 
airplanes. That AD 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. That AD was prompted 
by reports indicating that pilots of two separate Model A321 series 
airplanes encountered lateral handling difficulties, which led to roll 
oscillations. We issued that AD to prevent roll oscillations during 
approach and landing in certain icing, crosswind, and turbulent 
conditions, which could result in reduced controllability of the 
airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-03-02, the Direction G[eacute]n[eacute]rale 
de l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, issued French airworthiness directive F-2004-147, dated August 
18, 2004. The French airworthiness directive mandates the installation 
of elevator aileron computers (ELAC) having L83 or L91 software, as 
applicable, and cancels the revision to the Limitations section of the 
airplane flight manual. The French airworthiness directive also revises 
the applicability by removing airplanes on which Airbus Modification 
34043 was installed in production.

Relevant Service Information

    Airbus has issued Service Bulletins A320-27-1151, including 
Appendix 01, dated March 9, 2004; and A320-27-1152, including Appendix 
01, dated June 4, 2004. Service Bulletin A320-27-1151 describes 
procedures for replacing existing ELACs with ELACs having L83 software, 
and Service Bulletin A320-27-1152 describes procedures for replacing 
existing ELACs with ELACs having L91 software. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. The DGAC mandated the service information 
and issued French airworthiness directive F-2004-147, dated August 18, 
2004, to ensure the continued airworthiness of these airplanes in 
France.
    Airbus Service Bulletin A320-27-1151 refers to Thales Service 
Bulletin 394512-27-026, dated March 5, 2004, as an additional source of 
service information for installing ELAC L83 software. Airbus Service 
Bulletin A320-27-1152 refers to Thales Service Bulletin 394512B-27-010, 
dated May 24, 2004, as an additional source of service information for 
installing ELAC L91 software.

Concurrent Service Bulletin

    Airbus Service Bulletins A320-27-1151 and A320-27-1152 recommend 
prior or concurrent accomplishment of Airbus Service Bulletin A320-27-
1135, Revision 02, dated April 18, 2002. Airbus Service Bulletin A320-
27-1135, Revision 02, describes procedures for installing ELACs having 
L81 software. Airbus Service Bulletin A320-27-1135, Revision 02, refers 
to Thales Service Bulletins 394512-27-022, Revision 01, dated June 4, 
2004; and 394512B-27-002, Revision 01, dated July 16, 2002; as 
additional sources of service information for installing L81 software 
in the ELACs.

FAA's Determination and Requirements of the Proposed AD

    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. According to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States. This proposed AD would supersede AD 
2004-03-02. This proposed AD would continue to require revising the 
airplane flight manual to specify procedures for landing under certain 
conditions of icing, significant crosswind, or moderate to severe 
turbulence, until the new requirements of this AD have been 
accomplished.

[[Page 16169]]

This proposed AD would also require replacing existing ELAC computers 
with ELAC computers having L83 or L91 software, as applicable, which 
would terminate the requirements of the existing AD. This proposed AD 
would also require a related concurrent action. In addition, this 
proposed AD would revise the applicability by removing airplanes with 
these ELAC software standards incorporated during production. The 
actions would be required to be accomplished in accordance with the 
service information described previously.

Clarification of Terminology

    Concurrent Airbus Service Bulletin A320-27-1135 refers to ``ELAC 
standard L81.'' This AD uses the term ``L81 software.''

Change to Existing AD

    This proposed AD would retain all requirements of AD 2004-03-02. 
Since AD 2004-03-02 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifier has changed in this proposed AD, as listed in the 
following table:

                      Revised Paragraph Identifier
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                                             Corresponding  requirement
       Requirement in AD 2004-03-02              in this proposed AD
------------------------------------------------------------------------
paragraph (a).............................  paragraph (f).
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Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

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                                                                                                                                Number of
                                                                 Average                                          Cost per        U.S.-
                    Action                        Work hour    labor rate                  Parts                  airplane     registered    Fleet cost
                                                                per hour                                                        airplanes
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                                                                     Estimated Costs
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AFM revision (required by AD 2004-03-02)......             1           $65  None..............................           $65            29        $1,885
Installation of ELAC having L83 or L91                     1            65  No charge.........................            65            29         1,885
 software (new proposed action).
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                                                       Estimated Concurrent Service Bulletin Costs
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Installation of ELAC having L81 software......             1            65  No charge.........................            65            29         1,885
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-13446 (69 FR 
5007, February 3, 2004) and adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2005-20755; Directorate Identifier 2004-NM-
244-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 29, 2005.

Affected ADs

    (b) This AD supersedes AD 2004-03-02, amendment 39-13446 (69 FR 
5007, February 3, 2004).

Applicability

    (c) This AD applies to Airbus Model A321 series airplanes, 
certificated in any category, except those with Airbus Modification 
34043 installed in production.

Unsafe Condition

    (d) This AD was prompted by issuance of mandatory continuing 
airworthiness information by a civil airworthiness authority. We are 
issuing this AD to prevent roll oscillations during approach and 
landing in certain icing, crosswind, and turbulent conditions, which 
could result in reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2004-03-02

Airplane Flight Manual Revision

    (f) Within 10 days after February 18, 2004 (the effective date 
of AD 2004-03-02), revise the Limitations section of the airplane 
flight manual (AFM) to include the following

[[Page 16170]]

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 (f) 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.

New Requirements of This AD

Installation of Elevator Aileron Computers (ELAC) Having L83 or L91 
Software

    (g) Within 16 months after the effective date of this AD: 
Replace existing ELACs with ELACs having L83 software, by 
accomplishing all of the actions specified in the Accomplishment 
Instructions of Airbus Service Bulletin A320-27-1151, including 
Appendix 01, dated March 9, 2004; or with ELACs having L91 software, 
by accomplishing all of the actions specified in the Accomplishment 
Instructions of Airbus Service Bulletin A320-27-1152, including 
Appendix 01, dated June 4, 2004; as applicable. After accomplishing 
the ELAC replacements, remove the AFM revision required by paragraph 
(f) of this AD. Accomplishing the requirements of this paragraph 
terminates the requirements of paragraph (f) of this AD.

    Note 2: Airbus Service Bulletin A320-27-1151 refers to Thales 
Service Bulletin 394512-27-026, dated March 5, 2004, as an 
additional source of service information for installing ELAC L83 
software. Airbus Service Bulletin A320-27-1152 refers to Thales 
Service Bulletin 394512B-27-010, dated May 24, 2004, as an 
additional source of service information for installing ELAC L91 
software.

Concurrent Service Bulletin

    (h) Prior to doing the requirements of paragraph (g) of this AD: 
Install ELACs having L81 software in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-27-1135, 
Revision 02, dated April 18, 2002.

Previously Accomplished Actions in Concurrent Service Bulletin

    (i) Installation of ELACs having L81 software in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-27-
1135, dated June 29, 2001; or Service Bulletin A320-27-1135, 
Revision 01, dated August 31, 2001; is acceptable for compliance 
with the requirements of paragraph (h) of this AD.

Part Installation

    (j) As of the effective date of this AD, no person may install 
on any airplane an ELAC, part number 3945122506, 3945123506, 
3945128102, or 3945128103.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, Transport Airplane 
Directorate, FAA, has the authority to approve AMOCs for this AD, if 
requested in accordance with the procedures found in 14 CFR 39.19.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2004-03-02, are approved as alternative methods 
of compliance with the corresponding requirements of this AD.

Related Information

    (l) French airworthiness directive F-2004-147, dated August 18, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6243 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P