[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Rules and Regulations]
[Pages 38580-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12843]


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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; 
Amendment 39-14176; AD 2005-13-39]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321-100 and -200 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to Airbus Model A321 series airplanes. That 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 new AD requires 
replacing existing elevator and aileron computers (ELACs) with ELACs 
having either L83 or L91 software, as applicable, which terminates the 
requirements of the existing AD. This AD also requires a related 
concurrent action. In addition, this AD revises the applicability by 
removing airplanes with these ELAC software standards incorporated in 
production. This AD is 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.

DATES: This AD becomes effective August 9, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of August 
9, 2005.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
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: The FAA proposed to amend 14 CFR part 39 
with an AD to supersede AD 2004-03-02, amendment 39-13446 (69 FR 5007, 
February 3, 2004). The existing AD applies to all Airbus Model A321 
series airplanes. The proposed AD was published in the Federal Register 
on March 30, 2005 (70 FR 16167), to require revising the airplane 
flight manual (AFM) to specify procedures for landing under certain 
conditions of icing, significant crosswind, or moderate to severe 
turbulence, until the new requirements of this new AD have been 
accomplished. That action also proposed to require replacing existing 
elevator and aileron computers (ELACs) with ELACs having either L83 or 
L91 software, as applicable, which would terminate the requirements of 
the existing AD. That action also proposed to require a related 
concurrent action. In addition, that action also proposed to revise the 
applicability by removing airplanes with these ELAC software standards 
incorporated in production.

Comment

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
submitted on the proposed AD.

Support for the Proposed AD

    The commenter supports the proposed AD.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following tables provide the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                  Action                      Work hour     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
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AFM revision (required by AD 2004-03-02).               1             $65  None.........................             $65              29         $1,885
Installation of ELACs having L83 or L91                 1              65  No charge....................              65              29           1,885
 software (new required action).
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[[Page 38581]]


                                                       Estimated Concurrent Service Bulletin Costs
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                                                                                                                          Number of U.S.-
                  Action                      Work hour     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation or ELACs 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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. 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):

2005-13-39 Airbus: Amendment 39-14176. Docket No. FAA-2005-20755; 
Directorate Identifier 2004-NM-244--AD.

Effective Date

    (a) This AD becomes effective August 9, 2005.

Affected ADs

    (b) This AD supersedes AD 2004-03-02, amendment 39-13446.
    Applicability: (c) This AD applies to Airbus Model A321-111, -
112, -131, -211, and -231 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 statement. This may be 
done by inserting a copy of this AD into the AFM.
    ``A321 Approach and Landing (Roll Control) When moderate to 
severe icing conditions, or significant crosswind (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 and Aileron 
Computers (ELACs) 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.

[[Page 38582]]

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, 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.

Material Incorporated by Reference

    (m) You must use the service information listed in Table 1 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approves the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
the service information, contact Airbus, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France. To view the AD docket, go to 
the Docket Management Facility, U.S. Department of Transportation, 
400 Seventh Street SW., room PL-401, Nassif Building, Washington, 
DC. To review copies of the service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                  Table 1.--Material Incorporated by Reference
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         Airbus service bulletin                   Revision level                           Date
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A320-27-1135............................  02.............................  April 18, 2002.
A320-27-1151, including Appendix 01.....  Original.......................  March 9, 2004.
A320-27-1152, including Appendix 01.....  Original.......................  June 4, 2004.
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    Issued in Renton, Washington, on June 17, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12843 Filed 7-1-05; 8:45 am]
BILLING CODE 4910-13-P