[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Proposed Rules]
[Pages 39540-39542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19624]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-42-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Industrie Model A320 Series
Airplanes
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 directive (AD), applicable to all Airbus Industrie Model
A320 series airplanes, that currently requires a revision to the
Airplane Flight Manual (AFM) to prohibit automatic landings in
configuration 3 (CONF 3). This action would limit the applicability of
the existing AD, and add a new revision to the AFM to indicate that
automatic landings in CONF 3 are prohibited and to specify an increased
minimum runway visual range for airplanes on which certain
modifications have not been accomplished. This action also would
require eventual replacement of the existing spoiler elevator computers
with improved parts, and insertion of new pages into the AFM that
correct landing distances required for automatic landings in CONF 3.
This proposal is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by the proposed AD are intended to prevent pitch-
up of the airplane due to activation of the spoilers during an
automatic landing, which, if not corrected, could result in tail
strikes and structural damage to the airplane.
DATES: Comments must be received by August 24, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-42-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
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: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; 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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-42-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. 97-NM-42-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On August 26, 1992, the FAA issued AD 92-19-13, amendment 39-8371
(57 FR 40601, September 4, 1992), applicable to all Airbus Industrie
Model A320 series airplanes. That AD requires a revision to the FAA-
approved Airbus A320 Airplane Flight Manual (AFM) to prohibit automatic
landings in configuration 3 (CONF 3). That action was prompted by a
report that, during an automatic landing in CONF 3, a pitch-up due to
activation of the spoilers could result in an excessive attitude, if
not immediately counteracted by the flightcrew. The requirements of
that AD are intended to prevent pitch-up of the airplane due to
activation of the spoilers during an automatic landing, which, if not
corrected, could result in tail strikes and structural damage to the
airplane.
Actions Since Issuance of Previous Rule
Since the issuance of AD 92-19-13, the manufacturer has developed a
modification that replaces the existing spoiler elevator computers
(SEC's) with new improved parts. Installation of the new improved SEC's
on Airbus Industrie Model A320 series airplanes will reduce the
deflection rate of the ground spoilers during an automatic landing,
which will reduce the tendency of the airplane to pitch up during
landing. Once accomplished, the modification eliminates the need to
prohibit automatic landings in CONF 3.
Since the issuance of AD 92-19-13, the manufacturer also has
developed another revision to the AFM that corrects landing distances
required for automatic landings in CONF 3.
Explanation of Relevant Service Information
The manufacturer has issued Airbus A319/320/321 AFM Temporary
Revision (TR) 9.99.99/02, Issue 02, dated April 8, 1997, which
indicates that automatic landings in CONF 3 are prohibited, and which
specifies an increased minimum runway visual range for all airplanes on
which Airbus Industrie Modification 20126 (installation of a head up
display) or Modification 21055 (installation of a paravisual indicator)
has not been accomplished. The TR also advises the flightcrew that,
during an automatic landing in a configuration other than CONF 3, the
flightcrew should monitor the pitch attitude and be prepared to
counteract any pitch-up that occurs immediately after touchdown.
[[Page 39541]]
Airbus Industrie also has issued Service Bulletin A320-27-1073,
dated January 20, 1995, and Service Bulletin A320-27-1081, Revision 2,
dated September 6, 1995, which describe procedures for removing the
existing SEC's from two positions in the aft electronics rack and one
position in the forward electronics rack, and installing new, improved
SEC's in the same positions in the aft and forward electronics racks.
This modification will reduce the deflection rate of the ground
spoilers during an automatic landing, and consequently will reduce the
tendency of the airplane to pitch up during landing.
Associated with the modifications specified by these service
bulletins, Airbus Industrie also has issued AFM Section 5.06.00, page
06, dated February 10, 1996, and page 6A, dated January 20, 1997. This
AFM section identifies corrections to landing distances required for
automatic landings performed in CONF 3. Operators should note that
Section 5.06.00, pages 06 and 6A, changes the measurement units of the
landing distances required for automatic landings from meters to feet.
Operators should ensure that the units of measurement used in Section
5.06.00, pages 06 and 6A, are consistent with the units used in their
operations.
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, classified TR 9.99.99/02, Issue 02,
as mandatory and issued French airworthiness directive 93-203-049(B)R3,
dated July 2, 1997, in order to assure the continued airworthiness of
these airplanes in France. The French airworthiness directive also
provides for the replacement of the SEC's with improved parts, and
insertion of AFM Section 5.06.00, pages 06 and 6A, into the AFM as
optional actions, which, if accomplished, would provide for removal of
TR 9.99.99/02 from the AFM.
FAA's Conclusions
This airplane model is manufactured in France and is 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. The FAA has 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 92-19-13 to
require accomplishment of the actions specified in the service
bulletins and AFM revisions described previously, except as discussed
below. Accomplishment of the replacement of the SEC's with new,
improved parts and insertion of AFM Section 5.06.00, pages 06 and 6A,
into the AFM terminates the need for TR 9.99.99/02 in the AFM.
This proposed action also would limit the applicability of the AD
to only those airplanes on which Airbus Industrie Modification 23132,
24348, or 24511 has not been accomplished.
Differences Between Proposed Rule and Foreign AD
The proposed AD would differ from the parallel French airworthiness
directive in that it would mandate replacement of the existing SEC's
with new, improved parts. The French airworthiness directive provides
for that action as optional.
Mandating the terminating action is based on the FAA's
determination that, in this case, long-term continued operational
safety would be better assured by a modification to remove the source
of the problem, rather than by revising flight procedures. The source
of the unsafe condition (pitch-up of the airplane due to activation of
the spoilers during an automatic landing) is in the design of the SEC's
installed on the airplane, in that the SEC's fail to operate in a safe
manner when the flightcrew selects CONF 3 during landing. In this
particular case, there is no way to physically prevent the selection of
CONF 3 during landing, unlike in other situations in which the
inadvertent positioning of a switch or lever can be remedied by
application of a limiter or guard to prevent or restrict operation of
that switch or lever.
While revising flight procedures ensures that the flightcrew is
informed that an unsafe condition may exist if CONF 3 is selected
during landing, it does not remove the source of that unsafe condition.
Human factors (e.g., variations in flightcrew training and familiarity
with the airplane, flightcrew awareness in the presence of other
hazards, flightcrew fatigue) may allow inadvertent selection of CONF 3
during landing and result in the unsafe condition. Thus, revisions to
flight procedures are not considered adequate to provide the degree of
safety assurance necessary for the transport airplane fleet.
Consideration of these factors have led the FAA to mandate replacement
of the existing SEC's with new, improved parts in order to eliminate
the unsafe condition associated with an automatic landing in CONF 3.
Cost Impact
There are approximately 93 airplanes of U.S. registry that would be
affected by this proposed AD.
The incorporation of the temporary revision into the AFM that is
currently required by AD 92-19-13, and retained in this proposed AD,
takes approximately 1 work hour per airplane to accomplish, at an
average labor rate of $60 per work hour. Based on these figures, the
cost impact of this proposed requirement of this AD on U.S. operators
is estimated to be $5,580, or $60 per airplane.
The incorporation of the new temporary revision into the AFM that
is proposed in this AD would take approximately 1 work hour per
airplane to accomplish, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of this proposed requirement of
this AD on U.S. operators is estimated to be $5,580, or $60 per
airplane.
The replacement of the SEC's that is proposed in this AD action
would take approximately 3 work hours per airplane to accomplish, at an
average labor rate of $60 per work hour. Required parts would be
provided by the manufacturer at no cost to the operator. Based on these
figures, the cost impact of this proposed requirement of this AD on
U.S. operators is estimated to be $16,740, or $180 per airplane.
The incorporation of AFM Section 5.06.00, pages 06 and 6A, into the
AFM that is proposed in this AD action would take approximately 1 work
hour per airplane to accomplish, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of this proposed
requirement of this AD on U.S. operators is estimated to be $5,580, or
$60 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.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and
[[Page 39542]]
the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, in accordance with
Executive Order 12612, it is determined that this proposal would not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
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 39-8371 (57 FR
40601, September 4, 1992), and by adding a new airworthiness directive
(AD), to read as follows:
Airbus Industrie: Docket 97-NM-42-AD. Supersedes AD 92-19-13,
Amendment 39-8371.
Applicability: Model A320 series airplanes on which Airbus
Industrie Modification 23132, 24348, or 24511 has not been
accomplished; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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 (d) 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 pitch-up of the airplane due to activation of the
spoilers during an automatic landing, which, if not corrected, could
result in tail strikes and structural damage to the airplane,
accomplish the following:
(a) Within 60 days after October 9, 1992 (the effective date of
AD 92-19-13, amendment 39-8371), revise the Limitations Section of
the FAA-approved Airplane Flight Manual (AFM) to include the
following statement. This may be accomplished by inserting a copy of
this AD into the AFM.
``Use of automatic landing in configuration 3 (CONF 3) is
prohibited.''
(b) Within 30 days after the effective date of this AD, revise
the FAA-approved Airbus A320 AFM by inserting Airbus A319/320/321
AFM Temporary Revision 9.99.99/02, Issue 02, dated April 8, 1997,
into the AFM. After revising the AFM, the AFM revision required by
paragraph (a) of this AD may be removed from the AFM.
(c) Within 18 months after the effective date of this AD,
accomplish the actions specified in paragraphs (c)(1) and (c)(2) of
this AD. After the actions specified by paragraph (c) of this AD
have been accomplished, the AFM revision required by paragraph (b)
of this AD (Airbus A320 AFM Temporary Revision 9.99.99/02, Issue 02,
dated April 8, 1997), may be removed from the AFM.
(1) Replace the existing spoiler elevator computers (SEC's) in
the aft and forward electronics racks with new, improved SEC's, in
accordance with Airbus Industrie Service Bulletin A320-27-1081,
Revision 2, dated September 6, 1995; or A320-27-1073, dated January
20, 1995; as applicable.
(2) After the accomplishment of the actions specified by
paragraph (c)(1) of this AD, prior to further flight, revise Section
5.06.00 of the Airbus A320 AFM by inserting Section 5.06.00, page
06, dated February 10, 1996, and page 6A, dated January 20, 1997.
Note 2: Operators should ensure that the units in which the
distance measurements are listed in AFM Section 5.06.00, pages 06
and 6A, are consistent with the units of measurement that the
operators use in their operations.
(d)(1) 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, FAA,
Transport Airplane Directorate. 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.
(2) Alternative methods of compliance, approved previously in
accordance with AD 92-19-13, amendment 39-8371, are approved as
alternative methods of compliance with this AD.
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.
(e) Special flight permits may be issued in accordance with
sections 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.
Note 4: The subject of this AD is addressed in French
airworthiness directive 93-203-049(B)R3, dated July 2, 1997.
Issued in Renton, Washington, on July 17, 1998.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-19624 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-13-U
