AD Amdt-39-9991

[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Rules and Regulations]
[Pages 17536-17537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-9011]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-196-AD; Amendment 39-9991; AD 97-08-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A310 and A300-600 series airplanes, 
that requires a functional flow test and leak test to verify if the 
pressure reducing valve in the cargo fire extinguishing system is in a 
serviceable condition, and replacement of any faulty valve with a new 
valve prior to extended range twin-engine operations of the airplane. 
This amendment is prompted by a report that, during a scheduled 
maintenance check, an inoperative pressure reducing valve was found in 
the cargo fire extinguishing system. The actions specified by this AD 
are intended to ensure that a faulty pressure reducing valve is not 
installed, which could result in reduced fire protection of the cargo 
compartment of the airplane.

DATES: Effective May 15, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 15, 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 certain Airbus Model A310 and 
A300-600 series airplanes was published in the Federal Register on 
September 7, 1995 (60 FR 46541). That action proposed to require a 
functional flow test and leak test to verify if the pressure reducing 
valve in the cargo fire extinguishing system is in a serviceable 
condition.
    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 AD.

Request To Make AD Effective Immediately

    One commenter supports the intent of the proposed rule, but opposes 
the FAA's method of issuing the rule by providing time for prior notice 
and public comment. This commenter considers that the potential unsafe 
condition regarding the fire extinguishing systems that qualify an 
airplane for extend range twin-engine operation (ETOPS) flights should 
have been issued as an immediately adopted rule. Further, the commenter 
contends that the AD should prohibit extended ETOPS operation beyond 60 
minutes, and include a temporary revision to the Airplane Flight Manual 
(AFM) alerting the crew of the potentially unsafe condition should a 
fire exist. Terminating action for the restricted operation and AFM 
revision should be authorized after compliance with the inspection and 
replacement criteria of the AD. The commenter maintains that the 
seriousness of a cargo fire during ETOPS operation mandates such 
action.
    While the FAA recognizes the urgency of safety measures to ensure 
that fire does not present an unsafe condition onboard an airplane, the 
FAA does not concur with the commenter's suggestion that notice and 
time for public comment should have been waived for this rulemaking 
action. The FAA conducted a review of the characteristics of the 
failure mode relative to the subject pressure valve and concluded that 
the safety implications did not warrant rulemaking without the 
opportunity for public participation. The airplane on which the 
inoperative pressure reducing valve was found was not approved for 
ETOPS operations. Further, at the time the notice was issued, there 
were no U.S.-registered Model A300-600 or A310 series airplanes that 
were approved for ETOPS operations. The consequences of the subject 
faulty valve are not as critical for non-ETOPS

[[Page 17537]]

operations, since other additional fire extinguishing features of the 
system can address problems that occur within a typical flight range 
(or 60 minutes).

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 as proposed.

Cost Impact

    The FAA estimates that 48 Airbus Model A310 and A300-600 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 $2,880, 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:

97-08-03  Airbus Industrie: Amendment 39-9991. Docket 94-NM-196-AD.

    Applicability: Model A310 and A300-600 series airplanes on which 
Airbus Modification 6403 (reference Airbus Service Bulletin A310-26-
2010 or A300-600-26-6011) has been installed; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it 
otherwise 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 use the 
authority provided in paragraph (b) of this AD to request approval 
from the FAA. This approval may address either no action, if the 
current configuration eliminates the unsafe condition; or different 
actions necessary to address the unsafe condition described in this 
AD. Such a request should include an assessment of the effect of the 
changed configuration on the unsafe condition addressed by this AD. 
In no case does the presence of any modification, alteration, or 
repair remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that a faulty pressure reducing valve in the cargo 
fire extinguishing system is not installed, which could result in 
reduced fire protection of the cargo compartment of the airplane 
from 260 minutes to 60 minutes, accomplish the following:
    (a) Prior to the accumulation of 600 total flight hours after 
the effective date of this AD, perform a functional flow test and 
leak test to verify if the pressure reducing valve in the cargo fire 
extinguishing system is in a serviceable condition, in accordance 
with paragraph 4.2., Description, of Airbus All Operators Telex AOT 
26-13, dated June 28, 1994. If a faulty pressure reducing valve is 
installed, prior to extended range twin-engine operations (ETOPS), 
replace it with a new valve, in accordance with the aircraft 
maintenance manual, reference 26-23-14, Page block 401.
    (b) 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.

    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.

    (c) 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.
    (d) The tests shall be done in accordance with Airbus All 
Operators Telex AOT 26-13, dated June 28, 1994. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 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.
    (e) This amendment becomes effective on May 15, 1997.

    Issued in Renton, Washington, on April 2, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-9011 Filed 4-9-97; 8:45 am]
BILLING CODE 4910-13-U