[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Rules and Regulations]
[Page 6923-6925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe07-3]
[[Page 6923]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26045; Directorate Identifier 2006-NM-145-AD;
Amendment 39-14936; AD 2007-04-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Airbus Model A300 B2 and B4 series
airplanes. That AD currently requires modifying the wiring of the
autopilot pitch torque limiter switch. This new AD adds repetitive
operational tests of the autopilot disconnection upon pitch override,
and related investigative/corrective actions if necessary. This AD
results from the determination that such operational tests are
necessary following the modification. We are issuing this AD to prevent
possible trim loss when the flightcrew tries to override the autopilot
pitch control, which could result in uncontrolled flight of the
airplane.
DATES: This AD becomes effective March 21, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 21,
2007.
On August 1, 2005 (70 FR 36833, June 27, 2005), the Director of the
Federal Register approved the incorporation by reference of Airbus
Service Bulletin A300-22-0117, dated September 7, 2004.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Thomas Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-13-33, amendment
39-14170 (70 FR 36833, June 27, 2005). The existing AD applies to
certain Airbus Model A300 B2 and B4 series airplanes. That NPRM was
published in the Federal Register on October 12, 2006 (71 FR 60087).
That NPRM proposed to continue to require modifying the wiring of the
autopilot pitch torque limiter switch. That NPRM also proposed to
require repetitive operational tests of the autopilot disconnection
upon pitch override, and related investigative/corrective actions if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Publish/Incorporate by Reference in the NPRM
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference (IBR) service documents
should be made available to the public by publication in the Docket
Management System (DMS), keyed to the action that incorporates them.
MARPA notes that the stated purpose of the incorporation by reference
method is brevity, to keep from expanding the Federal Register
needlessly by publishing documents already in the hands of the affected
individuals; traditionally, ``affected individuals'' means aircraft
owners and operators, who are generally provided service information by
the manufacturer. MARPA adds that a new class of affected individuals
has emerged, since the majority of aircraft maintenance is now
performed by specialty shops instead of aircraft owners and operators.
MARPA notes that this new class includes maintenance and repair
organizations, component servicing and repair shops, parts purveyors
and distributors, and organizations manufacturing or servicing
alternatively certified parts under section 21.303 (``Replacement and
modification parts'') of the Federal Aviation Regulations (14 CFR
21.303). Therefore, MARPA asks that the service documents deemed
essential to the accomplishment of the NPRM be incorporated by
reference into the regulatory instrument and published in the DMS prior
to the release of the final rule.
We acknowledge MARPA's comment concerning IBR. The Office of the
Federal Register (OFR) requires that documents that are necessary to
accomplish the requirements of the AD be incorporated by reference
during the final rule phase of rulemaking. This final rule incorporates
by reference the document necessary for the accomplishment of the
requirements mandated by this AD. Further, we point out that while
documents that are incorporated by reference do become public
information, they do not lose their copyright protection. For that
reason, we advise the public to contact the manufacturer to obtain
copies of the referenced service information.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
Request To State FAA Intent To Incorporate Certain Service Bulletin(s)
by Reference in the NPRM
MARPA requests that, during the NPRM stage of AD rulemaking, the
FAA state its intent to IBR any relevant
[[Page 6924]]
service information. MARPA states that without such a statement in the
NPRM, it is unclear whether the relevant service information will be
incorporated by reference in the final rule.
The FAA does not concur with the commenter's request. When we
reference certain service information in a proposed AD, the public can
assume we intend to IBR that service information, as required by the
Office of the Federal Register. No change to this final rule is
necessary in regard to this request.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 29 airplanes of U.S. registry. The following
table provides the estimated costs for U.S. operators to comply with
this AD.
Estimated Costs
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Average
Action Work hours labor rate Parts Cost per airplane Fleet cost
per hour
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Modification (Required by AD 2005- Between 8 and 11... $80 Between $1,700 and Between $2,340 and $5,160..... Between $67,860 and $149,640.
13-33). $4,280.
Operational test (New 4.................. 80 $0................. $320, per test cycle.......... $9,280, per test cycle.
Requirement).
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14170 (70 FR 36833, June 27, 2005) and by adding
the following new airworthiness directive (AD):
2007-04-05 Airbus: Amendment 39-14936. Docket No. FAA-2006-
26045; Directorate Identifier 2006-NM-145-AD.
Effective Date
(a) This AD becomes effective March 21, 2007.
Affected ADs
(b) This AD supersedes AD 2005-13-33.
Applicability
(c) This AD applies to Airbus A300 airplanes, all certified
models and all serial numbers, certificated in any category, except
for:
(1) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes, Model A300 B4-605R and B4-622R airplanes, A300 F4-605R
and F4-622R airplanes, and Model A300 C4-605R Variant F airplanes.
(2) Airbus Models A300 B4-220, A300 B4-203, and A300 B2-203
airplanes in forward facing crew cockpit certified configuration.
Unsafe Condition
(d) This AD results from the determination that repetitive
operational tests are necessary following incorporation of the
wiring modification required by AD 2005-13-33. We are issuing this
AD to prevent possible trim loss when the flightcrew tries to
override the autopilot pitch control, which could result in
uncontrolled flight of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2005-13-33
Modification
(f) Within 20 months after August 1, 2005 (the effective date of
AD 2005-13-33), modify the wiring of the autopilot pitch torque
limiter switch, by doing all of the applicable actions specified in
the Accomplishment Instructions of Airbus Service Bulletin A300-22-
0117, dated September 7, 2004; Revision 01, dated April 20, 2005; or
Revision 02, dated September 14, 2005. After the effective date of
this AD, only Revision 02 may be used.
New Requirements of This AD
Repetitive Operational Tests
(g) At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD: Do an operational test of the autopilot
disconnection upon pitch override, and do all applicable related
investigative and corrective actions. Do the actions in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A300-22-0118, excluding Appendix 01, dated May 18, 2005; except that
this AD does not require a report of the inspection results. Do all
applicable related investigative and
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corrective actions before further flight. Repeat the test thereafter
at intervals not to exceed 2,000 flight hours.
(1) For airplanes modified before the effective date of this AD
in accordance with Airbus Service Bulletin A300-22-0117, dated
September 7, 2004: Do the initial test within 2,000 flight hours
after the effective date of this AD.
(2) For airplanes modified in accordance with Airbus Service
Bulletin A300-22-0117, Revision 01, dated April 20, 2005; or
Revision 02, dated September 14, 2005: Do the initial test within
2,000 flight hours after the modification required by paragraph (f)
of this AD, or within 2,000 flight hours after the effective date of
this AD, whichever occurs later.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(3) AMOCs approved previously in accordance with AD 2005-13-33
are not approved as AMOCs with this AD.
Related Information
(i) French airworthiness directive F-2005-107, dated July 6,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use the service information identified in Table 1
of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise.
Table 1.--All Material Incorporated by Reference
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Airbus service bulletin Revision level Date
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A300-22-0117................... Original September 7, 2004.
A300-22-0117................... 01 April 20, 2005.
A300-22-0117................... 02 September 14, 2005.
A300-22-0118, excluding Original May 18, 2005.
Appendix 01.
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(1) The Director of the Federal Register approved the
incorporation by reference of the documents identified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Table 2.--New Material Incorporated by Reference
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Airbus service bulletin Revision level Date
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A300-22-0117................... 01 April 20, 2005.
A300-22-0117................... 02 September 14, 2005.
A300-22-0118, excluding Original May 18, 2005.
Appendix 01.
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(2) On August 1, 2005 (70 FR 36833, June 27, 2005), the Director
of the Federal Register approved the incorporation by reference of
Airbus Service Bulletin A300-22-0117, dated September 7, 2004.
(3) Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service information. You may
review copies at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-2412 Filed 2-13-07; 8:45 am]
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