[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Proposed Rules]
[Pages 46937-46939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18027]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-40-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and B4 Series 
Airplanes; A300 B4-600, B4-600R, and F4-600R (Collectively Called A300-
600) Series Airplanes; and Model A310 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 all Airbus Model A300 B2 and B4 
series airplanes; A300 B4-600, B4-600R, and F4-600R (collectively 
called A300-600) series airplanes; and Model A310 series airplanes. 
This proposal would require revising the Airplane Flight Manual to 
advise the flightcrew to don oxygen masks as a first and immediate step 
when the cabin altitude warning horn sounds. This action is necessary 
to prevent incapacitation of the flightcrew due to lack of oxygen, 
which could result in loss of control of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by August 16, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-40-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-40-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: Technical Information: Todd Thompson, 
Aerospace Engineer, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-1175; fax (425) 227-1149.
    Other Information: Sandi Carli, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 227-1119, fax (425) 687-4243. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-40-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-114, Attention: Rules 
Docket No. 2002-NM-40-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Background Information

    On October 25, 1999, a Learjet Model 35 airplane operating under 
part 135 of the Federal Aviation Regulations (14 CFR 135) departed 
Orlando International Airport en route to Dallas, Texas. Air traffic 
control lost communication with the airplane near Gainesville, Florida. 
Air Force and National Guard airplanes intercepted the airplane, but 
the flightcrews of the chase airplanes indicated that the windows of 
the Model 35 airplane were apparently frosted over, which prevented the 
flightcrews of the chase airplanes from observing the interior of the 
Model 35 airplane. The flightcrews of the chase airplanes reported that 
they did not observe any damage to the airplane. Subsequently, the 
Model 35 series airplane ran out of fuel and crashed in South Dakota. 
To date, causal factors of the accident have not been determined. 
However, lack of the Learjet flightcrew's response to air traffic 
control poses the possibility of flightcrew incapacitation and raises 
concerns with the pressurization and oxygen systems.
    Recognizing these concerns, the FAA initiated a special 
certification review (SCR) to determine if pressurization and oxygen 
systems on Model 35 airplanes were certificated properly, and to 
determine if any unsafe design features exist in the pressurization and 
oxygen systems.
    The SCR team found that there have been several accidents and 
incidents that may have involved incapacitation of the flightcrews 
during flight. In one case, the airplane flightcrew did not activate 
the pressurization system or don their oxygen masks, and the airplane 
flew in excess of 35,000 feet altitude. In another case, the airplane

[[Page 46938]]

flightcrews did not don their oxygen masks when the cabin aural warning 
was activated. Further review by the SCR team indicates that the 
Airplane Flight Manual (AFM) of Learjet Model 35 and 36 airplanes does 
not have an emergency procedure that requires donning the flightcrew 
oxygen masks when the cabin altitude aural warning is activated. 
Additional review has found that the AFMs of Model 35A and 36A 
airplanes also do not contain appropriate flightcrew actions when the 
cabin altitude aural warning is activated. However, the AFMs do contain 
an abnormal procedure that allows the flightcrew to troubleshoot the 
pressurization system prior to donning the oxygen masks after the cabin 
altitude warning sounds. Troubleshooting may delay donning of the 
oxygen masks to the point that flightcrews may become incapable of 
donning their oxygen masks.
    The SCR findings indicated that the most likely cause for 
incapacitation was hypoxia (lack of oxygen). The only other plausible 
cause of incapacitation is exposure to toxic substances. However, no 
evidence was found to support the existence of toxic substances.
    Delayed response of the flightcrew in donning oxygen masks as a 
first and immediate action upon the activation of the cabin altitude 
warning horn could lead to incapacitation of the flightcrew and loss of 
control of the airplane.

Discussion

    The FAA has received reports that a review of the emergency 
procedures in the AFMs for all Airbus Model A300 B2 and B4 series 
airplanes; A300 B4-600, B4-600R, and F4-600R (collectively called A300-
600) series airplanes; and Model A310 series airplanes revealed that 
those AFMs also did not contain the requirement for the flightcrew to 
immediately don emergency oxygen masks. In light of this, the FAA 
considers issuance of this AD is necessary to address the identified 
unsafe condition.

Other Related Rulemaking

    The FAA has previously issued AD 2000-23-10, amendment 39-11980 (65 
FR 70294, November 22, 2000), which applies to all Lockheed Model 188A 
and 188C series airplanes. That AD requires a revision of the AFM to 
add procedures for donning the flightcrew oxygen masks when the cabin 
altitude warning horn is activated. The requirements of that AD are 
intended to prevent incapacitation of the flightcrew as a result of 
lack of oxygen and consequent loss of control of the airplane.
    In addition, we have previously issued AD 2001-22-10, amendment 39-
12489 (66 FR 54425, October 29, 2001), which applies to all Dassault 
Model Mystere-Falcon 50, Mystere-Falcon 900, and Falcon 900EX series 
airplanes. That AD requires revising the Emergency Procedures and 
Abnormal Procedures sections of the AFM to advise the flightcrew to 
immediately don oxygen masks in the event of significant pressurization 
or oxygen level changes. The requirements of that AD are intended to 
prevent incapacitation of the flightcrew due to lack of oxygen, which 
could result in their inability to continue to control the airplane.
    We are continuing to review emergency procedures in the AFMs for 
other airplane models to ensure that the AFMs contain appropriate 
instructions for donning the flightcrew oxygen masks. We may consider 
further rulemaking based on the results of these reviews.

FAA's Determination

    The FAA finds that it is necessary to require revisions to the 
Emergency Procedures section (for Model A300 B2 and B4 series 
airplanes) and the Procedures Following Failure section (for Model 
A300-600 and A310 series airplanes) of the FAA-approved AFM, as 
applicable.

Explanation of Relevant Service Information

    Airbus issued a facsimile, dated January 30, 2002, which revises 
the Emergency Procedures and the Procedures Following Failure sections 
of the FAA-approved AFMs for the respective airplane models referenced 
above. These AFM revisions specify that flightcrews must don oxygen 
masks as a first and immediate step when the cabin altitude warning 
horn sounds. Airbus will incorporate the revisions in the next general 
revision to the AFM for Model A300 B2 and B4, A300-600, and A310 series 
airplanes.

FAA's Conclusions

    These airplane models are manufactured in France and are 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.

Explanation of Requirements of Proposed Rule

    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 revising two 
sections of the FAA-approved AFM, as described previously in the 
Explanation of Relevant Service Information section of this proposed 
AD.

Cost Impact

    The FAA estimates that 168 Airbus Model A300 B2 and B4; A300-600; 
and Model A310 series airplanes of U.S. registry would be affected by 
this proposed AD. It would take approximately 1 work hour per airplane 
to accomplish the proposed actions, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the proposed AD 
on U.S. operators is estimated to be $10,080, or $60 per airplane.
    The 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 cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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.

[[Page 46939]]

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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

Airbus: Docket 2002-NM-40-AD.

    Applicability: All Airbus Model A300 B2 and B4 series airplanes; 
A300 B4-600, B4-600R, and F4-600R (collectively called A300-600) 
series airplanes; and Model A310 series airplanes; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent incapacitation of the flightcrew due to lack of 
oxygen, which could result in loss of control of the airplane, 
accomplish the following:

Revision to the Airplane Flight Manual

    (a) Within 90 days after the effective date of this AD, 
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable, to 
advise the flightcrew to don oxygen masks as a first and immediate 
step when the cabin altitude warning horn sounds.
    (1) For Model A300 series airplanes, revise the Emergency 
Procedures section of the FAA-approved Airplane Flight Manual (AFM). 
This may be accomplished by inserting a copy of this AD in the AFM.

                                             ``EMERGENCY PROCEDURES
CABIN DEPRESSURIZATION
    CREW OXYGEN MASKS.......................  ON
    CREW COMMUNICATIONS.....................  established
    PASSENGER OXYGEN........................  as required
    EMERGENCY DESCENT.......................  as required (see 3.02.00 page 8)''
 

    (2) For Model A300-600 and A310 series airplanes: Revise the 
Procedures Following Failure section of the FAA-approved AFM. This 
may be accomplished by inserting a copy of this AD in the AFM.

                                         ``PROCEDURES FOLLOWING FAILURE
CABIN PRESS
    EXCESS CAB ALT
        OXY MASKS...........................  ON
        DESCENT.............................  AS RQRD
        IF RAPID DECOMPRESSION EMERG DESCENT  APPLY''
         PROC.
 

Removal of AD From AFM

    (b) When the information included in the AFM procedures 
specified in paragraphs (a)(1) and (a)(2) of this AD has been 
incorporated into the FAA-approved general revision of the AFM, and 
the information contained in the general revision is identical to 
that specified in this AD, this AD may be removed from the AFM.

Alternative Methods of Compliance

    (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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Operations Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from International Branch, ANM-116.

Special Flight Permits

    (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 July 11, 2002.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-18027 Filed 7-16-02; 8:45 am]
BILLING CODE 4910-13-U