[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Proposed Rules]
[Pages 46541-46542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22210]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 173 / Thursday, September 7, 1995 /
Proposed Rules
[[Page 46541]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-196-AD]
Airworthiness Directives; Airbus Model A310 and A300-600 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Airbus Model A310 and
A300-600 series airplanes. This proposal would require a functional
flow test and leak test to verify if the pressure reducing valve in the
cargo fire extinguishing system is in a serviceable condition, and
replacement of any faulty valve with a new valve prior to extended
range twin-engine operations of the airplane. This proposal is prompted
by a report that, during a scheduled maintenance check, an inoperative
pressure reducing valve was found in the cargo fire extinguishing
system. The actions specified by the proposed AD are intended to ensure
that a faulty pressure reducing valve is not installed, which could
result in reduced fire protection of the cargo compartment of the
airplane.
DATES: Comments must be received by October 17, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-196-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: Charles Huber, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2589; 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 94-NM-196-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. 94-NM-196-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
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 Model A310 and A300-600 series
airplanes. The DGAC advises that it received a report indicating that,
during a scheduled maintenance check, an inoperative pressure reducing
valve was found in the cargo fire extinguishing system. The valve had
accumulated 10,587 total flight hours. The cargo fire extinguishing
system is equipped with two fire extinguishing bottles. In a smoke
warning incident, bottle number one is manually activated. After 60
minutes, bottle number two is discharged to maintain the required halon
concentration for an additional 200 minutes for extended range twin-
engine operations (ETOPS), yielding (giving) a total cargo fire
protection time of 260 minutes. The discharge of bottle number two is
regulated by the pressure reducing valve. A faulty pressure reducing
valve, if not corrected, could result in reduced fire protection of the
cargo compartment of the airplane from 260 minutes to 60 minutes.
Airbus has issued All Operators Telex AOT 26-13, dated June 28,
1994, which describes procedures for a functional flow test and leak
test to verify if the pressure reducing valve in the cargo fire
extinguishing system is in a serviceable condition. The DGAC classified
this service bulletin as mandatory and issued French airworthiness
directive 94-186-164(B), dated August 17, 1994, in order to assure the
continued airworthiness of these airplanes in France. In addition, the
French airworthiness directive specifies that ETOPS flights are not
permitted if a faulty valve is found and not replaced.
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.
Since an unsafe condition has been identified that is likely to
exist or
[[Page 46542]]
develop on other airplanes of the same type design, the proposed AD
would require a functional flow test and leak test to verify if the
pressure reducing valve in the cargo fire extinguishing system is in a
serviceable condition. The tests would be required to be accomplished
in accordance with the all operators telex described previously.
The proposed AD would also require that, if a faulty pressure
reducing valve is installed, it must be replaced with a new valve prior
to further operation of the airplane under ETOPS. The replacement would
be required to be accomplished in accordance with the aircraft
maintenance manual.
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.
The FAA estimates that 48 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $2,880, or $60 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the 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 adding the following new
airworthiness directive:
Airbus Industrie: Docket 94-NM-196-AD.
Applicability: Model A310 and A300-600 series airplanes on which
Airbus Modification 6403 (reference Airbus Service Bulletin A310-26-
2010 or A300-600-26-6011) has been installed; certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it
otherwise 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 (b) 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 ensure that a faulty pressure reducing valve in the cargo
fire extinguishing system is not installed, which could result in
reduced fire protection of the cargo compartment of the airplane
from 260 minutes to 60 minutes, accomplish the following:
(a) Prior to the accumulation of 600 total flight hours after
the effective date of this AD, perform a functional flow test and
leak test to verify if the pressure reducing valve in the cargo fire
extinguishing system is in a serviceable condition, in accordance
with paragraph 4.2., Description, of Airbus All Operators Telex AOT
26-13, dated June 28, 1994. If a faulty pressure reducing valve is
installed, prior to extended range twin-engine operations (ETOPS),
replace it with a new valve, in accordance with the aircraft
maintenance manual, reference 26-23-14, Page block 401.
(b) 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) 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 August 31, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-22210 Filed 9-6-95; 8:45 am]
BILLING CODE 4910-13-U
