Airworthiness directives: Airbus,

[Federal Register: September 13, 1999 (Volume 64, Number 176)]

[Proposed Rules]

[Page 49420-49422]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13se99-33]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-205-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 series airplanes, that currently requires certain changes to the procedures in the Airplane Flight Manual (AFM) related to operation of the emergency lighting system. This action would require modification of the emergency lighting system and a revision to the AFM to ensure the preservation of the airplane batteries. This proposal would also provide, for certain airplanes, terminating action for the existing AFM revision, and replacement with a different AFM revision. This proposal would also expand the applicability to include certain Model A310 and A300-600 series airplanes. 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 ensure that the emergency lighting is available for evacuation in an emergency situation.

DATES: Comments must be received by October 13, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 98-NM-205-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 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: 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 filedin 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 98-NM-205-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. 98-NM-205-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

[[Page 49421]]

Discussion

On August 8, 1988, the FAA issued AD 88-18-01, amendment 39-5998 (53 FR 30975, August 17, 1988), applicable to certain Airbus Model A300 series airplanes, to require certain changes to the procedures in the FAA-approved Airplane Flight Manual (AFM) related to operation of the emergency lighting system. That action was prompted by pilot reports that the emergency lighting system did not illuminate with loss of AC power, and that the AFM did not contain compensating procedures which would ensure that the lights would be turned on by the flightcrew prior to the need for an emergency evacuation. The requirements of that AD are intended to ensure that emergency lighting for evacuation of the airplane's occupants would be provided in an emergency when the airplane's normal AC power is interrupted.

In the preamble to AD 88-18-01, the FAA indicated that the actions required by that AD were considered ``interim action'' and that further rulemaking action was being considered. The FAA now has determined that further rulemaking action is indeed necessary, and this proposed AD follows from that determination.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the manufacturer has developed new service information that addresses the unsafe condition.

Explanation of Relevant Service Information

Airbus has issued Service Bulletins A300-33-0119 (for Model A300 series airplanes), A310-33-2025 (for Model A310 series airplanes), and A300-33-6020 (for Model A300-600 series airplanes); all dated March 1, 1993; and A300-33-6013, dated March 30, 1989 (for Model A300-600 series airplanes). These service bulletins describe procedures for modification of the wiring of the emergency lighting system. The two service bulletins for Model A300-600 series airplanes apply to different groups of airplanes. Airbus has also issued temporary revisions 3.02.00/7, 3.02.00/8, and 3.02.00/11 to the applicable AFM to ensure the preservation of the airplane batteries. Accomplishment of the actions specified in the service bulletins (and incorporation of the AFM temporary revisions) is intended to adequately address the identified unsafe condition. The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, classified these service bulletins as an acceptable means of compliance with French airworthiness directive 89-107-096(B)R4, dated August 13, 1997, which was issued to ensure the continued airworthiness of these airplanes in France.

Applicability of Proposed AD

The applicability of the existing AD has been expanded in this proposed AD to correspond to that of the French airworthiness directive.

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 88-18-01 to continue to require certain changes to the Model A300 AFM until the emergency lighting system is modified. The proposed AD would also require, for all affected airplanes, modification of the emergency lighting system and a revision to the AFM procedures in order to preserve battery power. This proposed AD would provide, for certain airplanes, terminating action for the existing AFM revision, and replacement with a different AFM revision.

Difference Between Proposed Rule and Foreign AD

The proposed AD would differ from the parallel French airworthiness directive in that the French airworthiness directive mandates a different set of service bulletins than this proposed AD. The DGAC has approved the service bulletins that the FAA proposes to require as an equivalent means of satisfying the requirements of the French airworthiness directive, however. The modifications described by the service bulletins mandated by the French airworthiness directive do not fully satisfy the FAA requirements for emergency lighting as specified in section 25.812 of the Federal Aviation Regulations (14 CFR part 25). Therefore, Airbus produced a set of service bulletins that modified the system in such a manner that it would comply with the FAA requirements. However, the modification specified in the service bulletins specified in this proposed AD requires that an AFM change be introduced that would ensure that, in the event of the loss of both engines or both engine electrical generators, the flightcrew would take the necessary action to ensure that emergency lighting would be available when needed. The modification specified in the service bulletins mandated by the French airworthiness directive does not require the AFM changes. The service bulletins proposed to be required by this AD action and those mandated by the French airworthiness directive are different, but they address the same unsafe condition.

Cost Impact

There are approximately 157 airplanes of U.S. registry that would be affected by this proposed AD.

The actions that are currently required by AD 88-18-01, and retained in this proposed AD, take 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 actions on U.S. operators is estimated to be $60 per airplane.

The modification that is proposed in this AD action would take approximately 18 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts would cost approximately $500 per airplane. Based on these figures, the cost impact of the proposed modification of this AD on U.S. operators is estimated to be $248,060, or $1,580 per airplane.

The AFM revision that is proposed in this AD action would take 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 proposed AFM revision of this AD on U.S. operators is estimated to be $9,420, or $60 per airplane.

The cost impact figures discussed above are 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.

[[Page 49422]]

Regulatory Impact

The regulations proposed herein would 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 proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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 39-5998 (53 FR 30975, August 17, 1988), and by adding a new airworthiness directive (AD), to read as follows:

   Airbus Industrie: Docket 98-NM-205-AD. Supersedes AD 88-18-01, Amendment 39-5998.

   Applicability: Model A300 and A310 series airplanes, except those on which Airbus Modification 10002 has been accomplished; and Model A300-600 series airplanes, except those on which Airbus Modification 7738 or 10002 has been accomplished; 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 (d) 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 the emergency lighting is available for evacuation in an emergency situation, accomplish the following:

   Restatement of Requirements of AD 88-18-01, Amendment 39-5998

   AFM Revision

   (a) For Model A300 series airplanes (excluding Model A300-600 series airplanes): Within 10 days after September 2, 1988 (the effective date of AD 88-18-01, amendment 39-5998), the following procedures must be applied and a copy of this AD or the changes indicated below must be inserted in the appropriate Section of the Airplane Flight Manual (AFM), as indicated below:

   (1) This sentence is to be inserted facing 3-02-00 page 11: ``EMERGENCY PROCEDURES-DITCHING

   When ditching, the MIN CABIN LT selector (if installed) must be switched ON.''

   (2) This sentence is to be inserted facing 3-02-00 page 12: ``EMERGENCY PROCEDURES-EMERGENCY EVACUATION

   When the procedure EMERGENCY EVACUATION is applied, the EMER EXIT LT selector must be selected `ON' after parking brake is ON.''

   (3) This sentence is to be inserted facing 4-03-00 page 1: ``NORMAL PROCEDURES-TAXI

   Prior to push back, the MIN CABIN LT selector (if installed) must be switched `ON' and remain ON until gear retraction.''

   (4) This sentence is to be inserted facing 4-03-00 page 4: ``NORMAL PROCEDURES-LANDING

   Before landing, the MIN CABIN LT selector (if installed) must be switched `ON' and should remain ON until engine shutdown or until parked.''

   New Requirements of This AD

   Modification

   (b) For all airplanes: Within 6 months after the effective date of this AD, modify the emergency lighting system, in accordance with the applicable service bulletin specified in paragraph (b)(1), (b)(2), (b)(3), or (b)(4), of this AD.

   (1) For Model A300 series airplanes: Airbus Service Bulletin A300-33-0119, dated March 1, 1993.

   (2) For Model A310 series airplanes: Airbus Service Bulletin A310-33-2025, dated March 1, 1993.

   (3) For Model A300-600 series airplanes listed in Airbus Service Bulletin A300-33-6013, dated March 30, 1989: Airbus Service Bulletin A300-33-6013, dated March 30, 1989.

   (4) For Model A300-600 series airplanes listed in Airbus Service Bulletin A300-33-6020, dated March 1, 1993: Airbus Service Bulletin A300-33-6020, dated March 1, 1993.

   AFM Revisions

   (c) Prior to further flight following accomplishment of the modification required by paragraph (b) of this AD: Revise the FAA- approved Airplane Flight Manual (AFM) by adding the temporary revision (TR) specified in paragraph (c)(1), (c)(2), or (c)(3), as applicable, of this AD.

   (1) For Model A300 series airplanes: Insert AFM TR 3.02.00/7. After accomplishment of the modification required by paragraph (b) of this AD, the TR required by paragraph (a) of this AD may be removed [paragraph (a) applies to Model A300 series airplanes only].

   (2) For Model A310 series airplanes: Insert AFM TR 3.02.00/8.

   (3) For Model A300-600 series airplanes: Insert AFM TR 3.02.00/ 11.

   Alternative Methods of Compliance

   (d) 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 Operations 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

   (e) 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 89-107-096(B)R4, dated August 13, 1997.

   Issued in Renton, Washington, on September 7, 1999. D.L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 99-23742Filed9-10-99; 8:45 am]

   BILLING CODE 4910-13-P