[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 3991-3993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1441]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-46-AD; Amendment 39-9892; AD 97-02-07]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to Airbus Model A300-600 and Model A310 series airplanes, 
that requires testing to verify if the smoke detection system can 
detect smoke within 60 seconds; and cleaning the installation and duct, 
if necessary. It also requires operators to submit a report of the test 
findings to the manufacturer. This amendment is prompted by a report 
that, during testing of the smoke detection system on in-service 
airplanes, the system failed to detect smoke within 60 seconds due to 
dust accumulation in the extraction ducts. The actions specified by 
this AD are intended to ensure that dust accumulation does not reduce 
the effectiveness of the smoke detection system and, consequently, lead 
to undetected smoke or fire in the lavatory of the airplane.

DATES: Effective March 4, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 4, 1997.

ADDRESSES: 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 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) 
227-2589; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to Airbus Model A300-600 and Model 
A310 series airplanes was published in the Federal Register on July 30, 
1996 (61 FR 39604). That action proposed to require performing an 
operational and functional test to verify if the smoke detection system 
can detect smoke within 60 seconds, and cleaning the installation and 
duct, if necessary. That action also proposed to require submitting a 
report of the test results to Airbus.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposed rule.

Request to Revise Reporting Deadline

    One commenter requests that the proposal be revised to extend the 
compliance time for submitting test reports from 10 days after 
accomplishing the test, as proposed, to 30 days. The commenter 
considers the longer time necessary in order to prepare an adequate 
report of the required data.
    The FAA concurs and has revised paragraph (b) of this final rule 
accordingly.

Request to Withdraw Reporting Requirement

    One commenter requests that the FAA withdraw the proposed 
requirement to submit a report of test results to Airbus. This 
commenter previously completed the operational and functional tests on 
its fleet of airplanes, but did not submit a report, since such a 
provision was not part of the referenced Airbus All Operators Telex 
(AOT) 26-16, dated September 12, 1995. Consequently, this commenter 
does not want to be required to repeat the test simply in order to 
prepare a report in accordance with the reporting requirement of the 
proposed rule.
    Another commenter considers that reporting requirements, in 
general, should be required by AD action only in cases where the AD is 
viewed as ``interim action'' and that, based upon reviewing further 
data, additional

[[Page 3992]]

rulemaking may be required. Since the referenced Airbus AOT was issued 
more than a year ago, the commenter considers that sufficient time has 
elapsed in which Airbus could collect the data needed to determine what 
further action, if any, is needed. The commenter asserts that the FAA 
should not impose a reporting requirement without first determining 
with Airbus whether the test data is actually necessary.
    The FAA does not concur with the commenters' request to withdraw 
the reporting requirement. As was explained in the preamble to the 
notice, the intent of the reports is to enable Airbus to obtain enough 
information to enable it to develop an appropriate repetitive testing 
interval based on findings in the in-service fleet. The FAA has 
contacted Airbus in order to determine if test results from U.S. 
operators are still required; Airbus has responded by stating that the 
data from the U.S. operators are still needed to establish the proper 
testing intervals. In light of this, the FAA finds reason to retain the 
reporting requirement in this final rule.
    However, in consideration of operators who already have 
accomplished the operational and functional test prior to the issuance 
of this AD, the FAA has revised paragraph (b) of the final rule to 
indicate that, for those operators, the report is to be submitted 
within 30 days after the effective date of the AD. As provided by the 
compliance provision of this AD, which states ``* * * Compliance 
required unless accomplished previously,'' those operators do not have 
to repeat the one-time operational and functional test, required by 
paragraph (a) of the AD, merely in order to submit the report.

Conclusion

    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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 67 Airbus Model A300-600 and Model A310 
series airplanes of U.S. registry will be affected by this AD, that it 
will take approximately 1 work hour per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $4,020, or $60 per airplane.
    The cost impact figure discussed above is 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.

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.
    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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

97-02-07 Airbus Industrie: Amendment 39-9892. Docket 96-NM-46-AD.

    Applicability: Model A300-600 and Model A310 series airplanes, 
on which Airbus Modification 10156 has not been installed; 
certificated in any category.

    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 ensure that dust accumulation in the ducts does not reduce 
the effectiveness of the smoke detection system to detect smoke and, 
consequently, lead to undetected smoke or fire in the lavatory of 
the airplane; accomplish the following:
    (a) Within 500 flight hours after the effective date of this AD, 
perform an operational and functional test to verify if the smoke 
detection system can detect smoke within 60 seconds, in accordance 
with Airbus All Operators Telex (AOT) 26-16, dated September 12, 
1995.
    (1) If smoke is detected within 60 seconds, no further action is 
required by this AD.
    (2) If smoke is not detected within 60 seconds, prior to further 
flight, clean the installation/duct in accordance with the AOT. 
Prior to further flight after accomplishment of the cleaning, repeat 
the operational and functional test required by paragraph (a) of 
this AD.
    (b) At the applicable time specified in either paragraph (b)(1) 
or (b)(2) of this AD, submit a report of the test results (both 
positive and negative findings) to Airbus Industrie Customer 
Services, Attention Engineering Support, AI/SE-E23, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Information 
collection requirements contained in this regulation have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (1) For airplanes on which the test is accomplished after the 
effective date of this AD: Submit the report within 30 days after 
performing the test required by paragraph (a) of this AD.
    (2) For airplanes on which the test has been accomplished prior 
to the effective date of this AD: Submit the report within 30 days 
after the effective date 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.


[[Page 3993]]


    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 
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 operational and functional test shall be done in 
accordance with Airbus All Operators Telex (AOT) 26-16, dated 
September 12, 1995. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 15 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.
    (f) This amendment becomes effective on March 4, 1997.

    Issued in Renton, Washington, on January 14, 1997.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-1441 Filed 1-27-97; 8:45 am]
BILLING CODE 4910-13-U