[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Rules and Regulations]
[Pages 9604-9606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5366]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-156-AD; Amendment 39-9535; AD 96-05-09]


Airworthiness Directives; Airbus Model A300, A300-600, A310, 
A330, and A340 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), that is applicable to all Airbus Model A300, A300-600, A310, 
A330, and A340 series airplanes. The existing AD currently requires an 
inspection of the sliding side windows in the cockpit to identify 
suspect windows; and either deactivation of the sliding window 
defogging system; installation of thermo-sensitive indicators; or 
replacement of the window. This amendment adds a requirement to replace 
suspect windows with serviceable windows, which, when accomplished, 
terminates the requirements of the AD. The actions specified by this 
amendment are intended to prevent rupture of a cockpit sliding window 
and subsequent rapid decompression of the fuselage due to fracture of 
the window as a result of thermal stress created by overheating of the 
wires of the heating element in a localized area.

DATES: Effective April 10, 1996.
    The incorporation by reference of Airbus All Operators Telex 30-01, 
Revision 2, dated listed in the regulations is approved by the Director 
of the Federal Register as of April 10, 1996.
    The incorporation by reference of Airbus All Operators Telex 30-01, 
dated December 22, 1994, listed in the regulations, was approved 
previously by the Director of the Federal Register as of February 14, 
1994 (60 FR 5564, January 30, 1995).

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Beilonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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: Charles Huber, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 
227-2146; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding, amendment 39-9125 
(60 FR 5564, January 30, 1995), which is applicable to all Airbus Model 
A300, A300-600, A310, A330, and A340 series airplanes, was published as 
a Notice of Proposed Rulemaking (NPRM) in the Federal Register on 
October 26, 1995 (60 FR 54820). That NPRM proposed to continue to 
require certain actions previously required by AD 95-01-51, 
specifically:
    1. the inspection of the sliding side windows in the cockpit to 
identify the part number of the windows; and
    2. if suspect windows are installed, either deactivation of the 
sliding window defogging system; or installation of thermo-sensitive 
indicators, daily inspections of those indicators, and deactivation of 
the defogging system, if necessary; or replacement of the window.
    The NPRM also proposed to require the eventual replacement of 
suspect windows with serviceable windows. This replacement of the 
windows would constitute terminating action for the requirements of the 
AD.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposal.
    The Air Transport Association (ATA) of America, on behalf of its 
two member operators that are subject to this AD, requests that the FAA 
withdraw the proposal. This commenter indicates that these two U.S. 
operators have already replaced the subject cockpit sliding windows 
with approved alternative parts on all of their affected airplanes. 
Additionally, the commenter states that the part numbered windows that 
prompted the airworthiness concern are no longer manufactured or 
available for purchase. For these reasons, this commenter contends that 
the proposed rule is not warranted.
    The FAA does not concur with the commenter's request. The FAA has 
received no documentation verifying that all affected U.S.-registered 
airplanes have been modified in accordance with the actions required by 
this rule. Regardless of whether or not all current U.S.-registered 
airplanes have been modified, the FAA has received no data or other 
evidence to verify that all affected airplanes, worldwide, have been 
modified. Without this AD, an 

[[Page 9605]]
unmodified airplane potentially could be imported and placed on the 
U.S. Register in the future, thereby reintroducing the unsafe condition 
into the U.S. fleet. It is the responsibility of the FAA, and the 
intent of this AD, to ensure that this does not happen. Therefore, the 
issuance of this AD is both warranted and necessary.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.
    There are approximately 66 Model A300, A300-600, and A310 series 
airplanes of U.S. registry that will be affected by this AD. 
(Currently, there are no Model A330 or A340 series airplanes on the 
U.S. Register.)
    The actions that are currently required by AD 95-01-51 take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact on U.S. operators of the actions currently required is estimated 
to be $3,960, or $60 per airplane.
    The replacement of the windows will take approximately 7 work hours 
per airplane to accomplish, at an average labor rate of $60 per work 
hour. Required parts will be provided by the manufacturer at no cost to 
operators. Based on these figures, the total cost impact on U.S. 
operators of the new requirements of this AD is estimated to be 
$27,720, or $420 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. However, the FAA has been advised 
that two U.S. operators have already replaced the subject windows in 
accordance with the requirements of this AD. Therefore, the future cost 
impact of this AD on U.S. operators is expected to be less that the 
figure indicated above.
    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9125 (60 FR 
5564, January 30, 1995), and by adding a new airworthiness directive 
(AD), amendment 39-9535, to read as follows:

96-05-09  Airbus Industrie: Amendment 39-9535. Docket 95-NM-156-AD. 
Supersedes AD 95-01-51, Amendment 39-9125.

    Applicability: All Model A300, A300-600, A310, A330, and A340 
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 request approval for an 
alternative method of compliance in accordance with paragraph (e) 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 rupture of a cockpit sliding window and subsequent 
rapid decompression of the fuselage due to fracture of the window as 
a result of thermal stress created by overheating of the wires of 
the heating element in a localized area, accomplish the following:
    (a) Within 7 days after February 14, 1995 (the effective date of 
AD 95-01-51, amendment 39-9125), perform an inspection of the left- 
and right-hand sliding side windows in the cockpit to identify the 
part number (P/N) of those windows, in accordance with paragraph 4.1 
of Airbus All Operators Telex (AOT) 30-01, dated December 22, 1994; 
or Revision 2, dated March 6, 1995.
    (b) If no window manufactured by PPG Industries having P/N 
NP175202-1 (left-hand side) or NP175202-2 (right-hand side) is 
installed, no further action is required by this AD.
    (c) If any window manufactured by PPG Industries having P/N NP 
175202-1 (left-hand side) or NP 175202-2 (right-hand side) is 
installed, prior to further flight, accomplish either paragraph 
(c)(1), (c)(2), or (c)(3) of this AD in accordance with Airbus AOT 
30-01, dated December 22, 1994; or Revision 2, dated March 6, 1995.
    (1) Deactivate the associated sliding window defogging system in 
accordance with the procedures specified in paragraph 4.2.2 of the 
AOT. The defogging system may remain deactivated until the window is 
replaced in accordance with paragraph (d) of this AD. Or

    Note 2: This AD may permit the defogging system to be 
deactivated for a longer time than is specified in the Master 
Minimum Equipment List (MMEL). In any case, the provisions of this 
AD prevail.

    (2) Install thermo-sensitive indicators in two areas of the 
sliding side window (left- and right-hand sides) in accordance with 
the procedures specified in paragraph 4.3 of the AOT. Thereafter, 
perform a daily inspection of the indicators to determine if the 60-
degree segment of any indicator turns from light grey to black, in 
accordance with the procedures specified in paragraph 4.3 of the 
AOT. If any indicator turns black, prior to further flight, 
deactivate the associated sliding window defogging system in 
accordance with paragraph (c)(1) of this AD.
    (3) Replace the PPG Industries window [having part number (P/N) 
NP 175202-1 (left-hand side) or NP 175202-2 (right-hand side)] with 
a serviceable window manufactured by PPG Industries or by SPS, as 
listed in paragraph 5.1 of the AOT, in accordance with the 
procedures specified in paragraph 5.1 of the AOT. After such 
replacement, no further action is required by this AD.
    (d) Within 90 days after the effective date of this AD, replace 
any PPG Industries window having part number (P/N) NP 175202-1 
(left-hand side) or NP 175202-2 (right-hand side) with a serviceable 
window manufactured by PPG Industries or by SPS, as listed in 
paragraph 5.1 of AOT 30-01, dated December 22, 1994; or paragraphs 
5.2.1 (PPG Industries windows) and 5.2.2 (SPS windows) of AOT 30-01, 
Revision 2, dated March 6, 1995. Accomplish the replacement in 
accordance with the procedures specified in AOT 30-01, dated 
December 22, 1994, or Revision 2, dated March 6, 1995. After such 
replacement, no further action is required by this AD.
    (e) An alternative method of compliance or adjustment of the 
compliance time that 

[[Page 9606]]
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.

    (f) 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.
    (g) The actions shall be done in accordance with Airbus All 
Operators Telex 30-01, dated December 22, 1994; or Airbus All 
Operators Telex 30-01, Revision 2, dated March 6, 1995. The 
incorporation by reference of Airbus All Operators Telex 30-01, 
dated December 22, 1994, was approved previously by the Director of 
the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51, as of February 14, 1995 (60 FR 5564, January 30, 1995). The 
incorporation by reference of Airbus All Operators Telex 30-01, 
Revision 2, dated March 6, 1995, was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 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.
    (h) This amendment becomes effective on April 10, 1996.

    Issued in Renton, Washington, on March 1, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-5366 Filed 3-8-96; 8:45 am]
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