[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)] [Proposed Rules] [Pages 52872-52874] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-25161] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 95-NM-137-AD] Airworthiness Directives; Airbus Model A310 and A300-600 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes the supersedure of an existing airworthiness directive (AD), applicable to all Airbus Model A310 and A300-600 series airplanes, that currently requires a revision to the FAA-approved Airplane Flight Manual (AFM) that warns the flight crew about certain consequences associated with overriding the autopilot while it is in the COMMAND mode or in the pitch axis. That AD also requires modification of certain flight control computers (FCC). This action would require replacement of the currently required revision to the AFM with a newly worded revision that explains the effect the modification of the FCC's has on the operation and performance of the autopilot and that clarifies the limitation for unmodified airplanes. This proposal is prompted by the results of an FAA review of the requirements of the existing AD. The actions specified by the proposed AD are intended to prevent an out-of-trim condition between the trimmable horizontal stabilizer and the elevator, which could severely reduce controllability of the airplane. DATES: Comments must be received by November 20, 1995. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 95-NM-137-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: Stephen Slotte, Aerospace Engineer, Flight Test and Systems Branch, ANM-111, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2315; fax (206) 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 95-NM-137-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-103, Attention: Rules Docket No. 95-NM-137-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion On October 7, 1994, the FAA issued AD 94-21-07, amendment 39-9049 (59 FR 52414, October 18, 1994), applicable to all Airbus Model A310 and A300-600 series airplanes. That AD requires a revision to the Limitations Section of the FAA-approved Airplane Flight Manual (AFM) that warns the flight crew that overriding the autopilot while it is in the COMMAND mode could result in a severe out-of-trim condition, and that overriding the autopilot while it is in the pitch axis will not cancel the autotrim while it is in the ``land'' or ``go-around'' configuration. That AD also requires modification of certain flight control computers (FCC) so that the autopilot will disengage whenever the airplane is in the ``go-around'' mode above a certain airplane altitude. That action was prompted by an accident in which the flight crew may have attempted to override the autopilot while it was engaged in the COMMAND mode, which may have resulted in an out-of-trim condition between the trimmable horizontal stabilizer and the elevator. The requirements of that AD are intended to prevent this out-of-trim condition, which could result in severely reduced controllability of the airplane. Since the issuance of that AD, the FAA has conducted a review of the requirements of that AD, including the language contained in the required AFM limitation. The FAA finds that for airplanes on which modification of the FCC's has been accomplished, in accordance with the requirements of the existing AD, the language contained in the AFM limitation does not accurately reflect the operation and performance of the autopilot. Therefore, the FAA has determined that the language in the AFM limitation must be revised to state more clearly the effects the modification has on the operation and performance of the autopilot when the pilot attempts to override the autopilot by exerting a certain amount of manual force on the control column. Furthermore, the FAA finds that language contained in the AFM limitation required by that AD could be stated more clearly for airplanes on which modification of the FCC's has not been accomplished. The FAA has determined that these changes to the language of the AFM [[Page 52873]] limitation are necessary to ensure that the flight crew is appropriately advised of (1) the potential hazard associated with overriding the autopilot under certain circumstances and with certain configurations of the FCC, and (2) the procedures necessary to address it. 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. The FAA has 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. 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 94-21-07 to continue to require modification of certain FCC's. This action also requires replacement of the currently required revision to the Limitations Section of the FAA-approved AFM with a revised limitation. This revised limitation warns the flight crew that overriding the autopilot while it is in the COMMAND mode could result in a severe out- of-trim condition, and that overriding the autopilot while it is in the pitch axis will not cancel the autotrim while it is in the ``land'' or ``go-around'' configuration. This action also revises the language contained in the AFM limitation for airplanes on which the modification of the FCC's has been accomplished. It also clarifies the language contained in the AFM limitation for airplanes on which the modification of the FCC's has not been accomplished. This is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking. As a result of recent communications with the Air Transport Association (ATA) of America, the FAA has learned that, in general, some operators may misunderstand the legal effect of AD's on airplanes that are identified in the applicability provision of the AD, but that have been altered or repaired in the area addressed by the AD. The FAA points out that all airplanes identified in the applicability provision of an AD are legally subject to the AD. If an airplane has been altered or repaired in the affected area in such a way as to affect compliance with the AD, the owner or operator is required to obtain FAA approval for an alternative method of compliance with the AD, in accordance with the paragraph of each AD that provides for such approvals. A note has been included in this notice to clarify this long-standing requirement. There are approximately 15 Model A310 series airplanes and 36 Model A300-600 series airplanes of U.S. registry would be affected by this proposed AD. The modification that is currently required by AD 94-21-07 and retained in this proposal takes approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts will be supplied by the manufacturer at no cost to the operator. Based on these figures, the total cost impact on U.S. operators of the actions currently required is estimated to be $3,060, or $60 per airplane. The newly revised AFM limitation 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. Required parts would be nominal in cost. Based on these figures, the total cost impact on U.S. operators of the proposed requirements of this AD is estimated to be $3,060, or $60 per airplane. The total 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 regulations proposed herein would not have substantial direct effects 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, 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 USC 106(g), 40101, 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing amendment 39-9049 (59 FR 52414, October 18, 1994), and by adding a new airworthiness directive (AD), to read as follows: Airbus Industrie: Docket 95-NM-137-AD. Supersedes AD 94-21-07, Amendment 39-9049. Applicability: All Model A310 and A300-600 series airplanes, certificated in any category. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been 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 use the authority provided in paragraph (d) of this AD to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition; or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any airplane from the applicability of this AD. Compliance: Required as indicated, unless accomplished previously. To prevent an out-of-trim condition between the trimmable horizontal stabilizer and the elevator, which may severely reduce controllability of the airplane, accomplish the following: (a) Within 10 days after the effective date of this AD, revise the Limitations Section of the FAA-approved Airplane Flight Manual (AFM) to include the information contained in paragraph (a)(1) or (a)(2) of this AD, as applicable. This may be accomplished by inserting a copy of this AD in the AFM. The AFM limitation required by AD 94-21-07, amendment 39-9049, may be removed [[Page 52874]] following accomplishment of the requirements of this paragraph. (1) For airplanes on which the flight control computers (FCC) have not been modified in accordance with the requirements of paragraph (b) of this AD: ``Overriding the autopilot (AP) in pitch axis does not cancel the AP autotrim when LAND TRACK mode [green LAND on both Flight Mode Annunciators (FMA)] or GO-AROUND mode is engaged. In these modes, if the pilot counteracts the AP, the autotrim will trim against pilot input. This could lead to a severe out-of-trim situation in a critical phase of flight.'' (2) For airplanes on which the FCC's have been modified in accordance with requirements of paragraph (b) of this AD. ``Overriding the autopilot (AP) in pitch axis does not cancel the AP autotrim when LAND TRACK mode (green LAND on both FMA's) is engaged, or GO-AROUND mode is engaged below 400 feet radio altitude (RA). In these modes, if the pilot counteracts the AP, the autotrim will trim against pilot input. This could lead to a severe out-of- trim situation in a critical phase of flight.'' (b) For airplanes equipped with FCC's having either part number (P/N) B470ABM1 (for Model A310 series airplanes) or B470AAM1 (for Model A300-600 series airplanes): Within 60 days after November 2, 1994 (the effective date of AD 94-21-07, amendment 39-9049), modify the FCC's in accordance with Airbus Service Bulletin A310-22-2036, dated December 14, 1993 (for Model A310 series airplanes), or Airbus Service Bulletin A300-22-6021, Revision 1, dated December 24, 1993 (for Model A300-600 series airplanes), as applicable. Note 2: Paragraph (b) of this AD merely restates the requirements of paragraph (b) of AD 94-21-07, amendment 39-9049. As allowed by the phrase, ``unless accomplished previously,'' specified in the compliance statement of this AD, if those requirements of AD 94-24-07 have already been accomplished, this AD does not require that those actions be repeated. (c) As of November 2, 1994 (the effective date of AD 94-21-07, amendment 39-9049), no person shall install an FCC having either P/N B470ABM1 or B470AAM1 on any airplane. (d) 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, Standardization Branch, ANM-113, 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, Standardization Branch, ANM-113. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (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. Issued in Renton, Washington, on October 4, 1995. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-25161 Filed 10-10-95; 8:45 am] BILLING CODE 4910-13-U