[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Proposed Rules]
[Pages 6563-6564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2987]


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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.

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

[[Page 6563]]



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).

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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 Generale 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

[[Page 6564]]

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.


Sec. 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]
BILLING CODE 4910-13-U