[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Proposed Rules]
[Page 54691-54694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-22]
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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:
9-anm-nprmcomment@faa.gov. 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,
[[Page 54694]]
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]
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