[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)] [Rules and Regulations] [Pages 50503-50505] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-25151] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 98-NM-246-AD; Amendment 39-10750; AD 98-19-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A321 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD) that is applicable to certain Airbus Model A321 series airplanes. This action requires revising the Airplane Flight Manual (AFM) to prohibit automatic landings and Category III operations on runways with a magnetic orientation of 170 degrees through 190 degrees inclusive. This amendment also provides for optional terminating action for the AFM revision. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified in this AD are intended to prevent the use of erroneous automatic roll-out guidance generated by the flight management and guidance computer, which could result in the airplane departing the runway upon landing. DATES: Effective October 7, 1998. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 7, 1998. Comments for inclusion in the Rules Docket must be received on or before October 22, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 98-NM-246-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. The service information referenced in this AD 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; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. 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: The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified the FAA that an unsafe condition may exist on certain Airbus Model A321 series airplanes. The DGAC advises that the flight management and guidance computer (FMGC) can generate erroneous roll-out guidance due to software calculation errors. The software calculation errors may affect the roll-out guidance generated by the FMGC when an automatic landing is performed on runways with a magnetic orientation of 170 degrees through 190 degrees inclusive. Use of erroneous automatic roll-out guidance, if not corrected, could result in the airplane departing the runway upon landing. Explanation of Relevant Service Information Airbus has issued A319/320/321 Airplane Flight Manual (AFM) Temporary Revision (TR) 9.99.99/44, Issue 2, dated March 3, 1998, which prohibits automatic landings and Category III operations on runways with a magnetic orientation of 170 degrees through 190 degrees inclusive. Airbus also has issued Service Bulletins A320-22-1054, Revision 01, dated December 3, 1997 (for airplanes equipped with CFM engines); and A320-22-1062, dated October 6, 1997 (for airplanes equipped with IAE engines); which describe procedures for modifying the flight management and guidance computer software. Accomplishment of the software modifications eliminates the need for the AFM revision. Accomplishment of the actions specified in the AFM revision or service bulletins is intended to adequately address the identified unsafe condition. The DGAC classified Airbus A319/320/321 AFM TR 9.99.99/44, Issue 2, dated March 3, 1998, as mandatory and issued French airworthiness directive 98-226-119(B), dated June 17, 1998, in order to assure the continued airworthiness of these airplanes in France. 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 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, this AD is being issued to prevent the use of erroneous automatic roll-out guidance generated by the flight management and guidance computer, which could result in the airplane departing the runway upon landing. This AD requires revising the Limitations Section of the FAA-approved AFM to prohibit automatic landings and Category III operations on runways with a magnetic orientation of 170 degrees through 190 degrees inclusive. This AD also provides for optional terminating action for the AFM revision. Interim Action This is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking. Determination of Rule's Effective Date Since this AD action does not affect any airplane that is currently on the U.S. register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, prior notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register. Cost Impact None of the airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the [[Page 50504]] FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register in the future. Should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 1 work hour to accomplish the required actions, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this AD would be $60 per airplane. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 98-NM-246-AD.'' The postcard will be date stamped and returned to the commenter. Regulatory Impact The regulations adopted herein will 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 final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 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 adding the following new airworthiness directive: 98-19-08 Airbus Industrie: Amendment 39-10750. Docket 98-NM-246-AD. Applicability: Model A321 series airplanes, certificated in any category, as identified below:Model A321 series airplanes equipped with CFM engines, on which Airbus Modification 25199 (reference Airbus Service Bulletin A320-22-1045) has been installed, except for those on which Airbus Modification 25469 (reference Airbus Service Bulletin A320- 22-1054, dated May 28, 1996, or Revision 1, dated December 3, 1997) has been installed. or Model A321 series airplanes equipped with IAE engines, on which Airbus Modification 25200 (reference Airbus Service Bulletin A320-22-1046) has been installed, except for those on which Airbus Modification 26243 (reference Airbus Service Bulletin A320- 22-1062, dated October 6, 1997) has been installed. 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 (c) 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 the use of erroneous automatic roll-out guidance generated by the flight management and guidance computer, which could result in the airplane departing the runway upon landing, 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 prohibit automatic landings and Category III operations on runways with a magnetic orientation of 170 degrees through 190 degrees inclusive. This may be accomplished by inserting a copy of Airbus A319/320/321 Airplane Flight Manual Temporary Revision 9.99.99/44, Issue 2, dated March 3, 1998, into the AFM. Note 2: When the temporary revision specified in paragraph (a) of this AD has been incorporated into the general revisions of the AFM, the general revisions may be inserted in the AFM, provided the information contained in the general revision is identical to that specified in the applicable temporary revision cited in paragraph (a) of this AD. (b) Accomplishment of the software modification specified in Airbus Service Bulletin A320-22-1054, Revision 1, dated December 3, 1997 (for airplanes equipped with CFM engines), or Airbus Service Bulletin A320-22-1062, dated October 6, 1997 (for airplanes equipped with IAE engines), as applicable, constitutes terminating action for the AFM revision required by paragraph (a) of this AD. After the software modification has been accomplished, the AFM limitation required by paragraph (a) of this AD may be removed from the AFM. (c) 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 Operations Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116. [[Page 50505]] 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. (d) 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. (e) The AFM revision shall be done in accordance with Airbus A319/320/321 Airplane Flight Manual Temporary Revision 9.99.99/44, Issue 2, dated March 3, 1998. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Note 4: The subject of this AD is addressed in French airworthiness directive 98-226-119(B), dated June 17, 1998. (f) This amendment becomes effective on October 7, 1998. Issued in Renton, Washington, on September 2, 1998. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-25151 Filed 9-21-98; 8:45 am] BILLING CODE 4910-13-U