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.

Proposed Rules Federal Register

6563

Vol. 65, No. 28

Thursday, February 10, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–07–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300, A310, and A300–600 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Airbus Model A300, A310, and A300–

600 series airplanes, that currently

requires a one-time operational test of

the fire shut-off valves (FSOV) to

determine if the FSOV’s are functioning

correctly, and replacement of failed

parts with new or serviceable parts. This

action would require repetitive

performance of the operational test. This

action would also limit the applicability

to airplanes installed with certain

FSOV’s. This proposal is prompted by

issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to detect and correct

failure of the FSOV’s to close, which

could result in failure of the engine fire

shut-off system, and consequent

inability to extinguish an engine fire.

DATES: Comments must be received by

March 13, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

07–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

this AD 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:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 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 99–NM–07–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.

99–NM–07–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On July 24, 1998, the FAA issued AD

98–16–09, amendment 39–10685 (63 FR

40811, July 31, 1998), applicable to

certain Airbus Model A300, A310, and

A300–600 series airplanes, to require a

one-time operational test of the fire

shut-off valves (FSOV) to determine if

the FSOV’s are functioning correctly,

and replacement of failed parts with

new or serviceable parts. That action

was prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The requirements of that AD are

intended to detect and correct failure of

the FSOV’s to close, which could result

in failure of the engine fire shut-off

system, and consequent inability to

extinguish an engine fire.

Actions Since Issuance of Previous Rule

Since the issuance of AD 98–16–09,

the Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that the unsafe

condition identified in that AD may

continue to exist for certain affected

airplanes despite compliance with the

one-time requirements of that AD. Based

on the results of the one-time

operational test of the FSOV’s, the

manufacturer has determined that

certain FSOV’s, identified by part

number series, have a high failure rate.

Because of the high failure rate of those

FSOV’s, the manufacturer has

recommended, and the DGAC has

mandated, that the operational test be

repetitively performed on airplanes

equipped with those FSOV’s.

Explanation of Relevant Service

Information

Airbus issued A300/A310/A300–600

All Operator Telex (AOT) 29–22, dated

November 24, 1997, which was

referenced and described in AD 98–16–

09 as the appropriate source of service

information for accomplishment of the

actions of that AD. Accomplishment of

the actions specified in the AOT is

intended to adequately address the

identified unsafe condition. The DGAC

issued French airworthiness directive

98–356–259(B), dated September 9,

1998, to mandate repetitive performance

of the operational test on airplanes

incorporating certain FSOV’s

determined to have a high failure rate in

order to ensure the continued

6564 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Proposed Rules

airworthiness of these airplanes in

France.

FAA’s Conclusions

These airplane models are

manufactured in France and are 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.

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

supersede AD 98–16–09 to require

repetitive accomplishment of the

actions specified in the AOT described

previously. This proposed AD would

also limit the applicability to airplanes

installed with certain FSOV’s identified

to have a high failure rate.

Cost Impact

There are approximately 103

airplanes of U.S. registry that would be

affected by this proposed AD.

The operational test that is currently

required by AD 98–16–09, and retained

in this AD, takes 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

of the currently required test on U.S.

operators is estimated to be $60 per

airplane, per test cycle.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the current or proposed 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 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.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–10685 (63 FR

40811, July 31, 1998), and by adding a

new airworthiness directive (AD), to

read as follows:

Airbus Industrie: Docket 99–NM–07–AD.

Supersedes AD 98–16–09, Amendment

39–10685.

Applicability: Model A300, A310, and

A300–600 series airplanes; on which any fire

shut-off valve (FSOV) having part number (P/

N) B38LC50XX (where XX is 05, 06, 07, 08,

09, or 10) is 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

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 detect and correct failure of the FSOV’s

to close, which could result in failure of the

engine fire shut-off system, and consequent

inability to extinguish an engine fire,

accomplish the following:

Repetitive Operational Tests

(a) Within 600 flight hours after the

effective date of this AD, perform an

operational test of the 4 FSOV’s on the

airplane, in accordance with Airbus All

Operator Telex (AOT) 29–22, dated

November 24, 1997. If any FSOV fails the

test, prior to further flight, replace the FSOV

with a new or serviceable FSOV, in

accordance with the AOT. Repeat the

operational test thereafter at intervals not to

exceed 600 flight hours.

Spares

(b) As of the effective date of this AD, no

person shall install an FSOV, part number (P/

N) B38LC50XX (where XX is 05, 06, 07, 08,

09, or 10), on any airplane, unless a

successful operational test has been

performed in accordance with the

requirements of this AD.

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, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(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.

Note 3: The subject of this AD is addressed

in French airworthiness directive 98–356–

259(B), dated September 9, 1998.

Issued in Renton, Washington, on February

3, 2000.

Charles Huber,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–2987 Filed 2–9–00; 8:45 am]

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