[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Proposed Rules]
[Pages 5599-5601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2178]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-98-AD]


Airworthiness Directives; Airbus Industrie Model A320-231 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 Model A320-231 series 
airplanes. This proposal would require repetitive functional checks to 
detect leakage of the distribution piping of the engine fire 
extinguishing system, and repair, if necessary; and modification of the 
piping, which would terminate the inspection requirements. This 
proposal is prompted by reports of cracking of the engine fire 
extinguisher pipe, which resulted in leakage of the fire extinguisher 
agent. The actions specified by the proposed AD are intended to prevent 
leakage of the fire extinguishing agent, which could prevent the proper 
distribution of the agent within the nacelle in the event of a fire.

DATES: Comments must be received by March 13, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-98-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.
    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, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington, 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.

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-98-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-98-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 Airbus Model A320-231 series 
airplanes. The DGAC advises that, during regularly scheduled 
maintenance of in-service airplanes, two operators found cracking 
[[Page 5600]] of the engine fire extinguisher pipe. The cause of this 
cracking has been attributed to mechanical vibration. Cracking of the 
fire extinguisher agent distribution pipe between the bottle and the 
nacelle could cause leakage of the fire extinguisher agent. Such 
leakage, if not detected and corrected, could prevent the proper 
distribution of the fire extinguishing agent within the nacelle in the 
event of a fire.
    Airbus has issued All Operators Telex (AOT) 26-11, dated January 3, 
1994, which describes procedures for repetitive inspections to detect 
leakage of fire extinguishing agent from the distribution piping of the 
engine fire extinguishing system, and repair, if necessary. This AOT 
also describes procedures for modification of the piping, which would 
eliminate the need for the repetitive inspections.
    Airbus has also issued Service Bulletin A320-26-1032, dated March 
31, 1994, which describes inspection and repair procedures that are 
identical to those described in the AOT. Additionally, Airbus issued 
Service Bulletin A320-26-1031, dated March 31, 1994, which describes 
modification procedures that are identical to those described in the 
AOT. This modification involves replacement of the existing pipe with a 
new pipe (Mod. 21457P1678), or repair of the pipes (Mod. 24253P3520).
    The DGAC classified the AOT and the service bulletins as mandatory 
and issued French airworthiness directive 94-058-053(B) R1, dated July 
6, 1994, in order to assure the continued airworthiness of these 
airplanes in France.
    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Sec. 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 develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require repetitive visual 
inspections to detect leakage of the distribution piping of the engine 
fire extinguishing system, and repair, if necessary; and modification 
of the piping, which would terminate the inspection requirements. The 
actions would be required to be accomplished in accordance with the AOT 
or service bulletin described previously.
    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 requirement.
    The FAA estimates that 14 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 48 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to the operators. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $40,320, or $2,880 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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 94-NM-98-AD.

    Applicability: Model A320-231 series airplanes; manufacturer's 
serial numbers (MSN) 028, 035, 037, 038, 043, 045 through 058 
inclusive, 064 through 067 inclusive, 074 through 077 inclusive, 080 
through 082 inclusive, 089 through 092 inclusive, 095, and 096; 
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 (c) 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 leakage of the fire extinguishing agent, which could 
prevent the proper distribution of the agent within the nacelle in 
the event of a fire, accomplish the following:
    (a) Within 500 flight hours after the effective date of this AD, 
perform a functional check to detect leakage of fire extinguishing 
agent from the distribution [[Page 5601]] piping of the engine fire 
extinguishing system, in accordance with either Airbus All Operators 
Telex (AOT) 26-11, dated January 3, 1994, or Airbus Service Bulletin 
A320-26-1032, dated March 31, 1994.
    (1) If no leakage is found, or if leakage is within the limits 
specified in the AOT or the service bulletin, repeat the functional 
check thereafter at intervals not to exceed 500 flight hours.
    (2) If any leakage is beyond the limits specified in the AOT or 
the service bulletin, prior to further flight, modify the piping in 
accordance with either the AOT or Airbus Service Bulletin A320-26-
1031, dated March 31, 1994.
    (b) Within 4,000 flight hours after the effective date of this 
AD, modify the piping in accordance with either Airbus AOT 26-11, 
dated January 3, 1994, or Airbus Service Bulletin A320-26-1031, 
dated March 31, 1994. Accomplishment of this modification 
constitutes terminating action for the repetitive functional check 
requirements of this AD.
    (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, 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.

    (d) Special flight permits may be issued in accordance with 
Secs. 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 January 24, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-2178 Filed 1-27-95; 8:45 am]
BILLING CODE 4910-13-U