[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]



 ========================================================================
 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.
 
 ========================================================================
 

  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