[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 3999-4000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1618]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-33-AD; Amendment 39-9905; AD 97-02-20]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300, 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 all Airbus Model A300, A310, and A300-600 series 
airplanes, that requires a one-time inspection of the autopilot 
actuators on the pitch and yaw controls to ensure correct rigging, and 
re-rigging, if necessary. This amendment is prompted by a report of 
sudden pitch up of an airplane during cruise following disengagement of 
the autopilot; this condition was the result of incorrect rigging of 
the autopilot pitch actuator. The actions specified by this AD are 
intended to prevent incorrect rigging of the autopilot actuators on the 
pitch and yaw controls, which could result in reduced controllability 
of the airplane.

DATES: Effective March 4, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 4, 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 all Airbus Model A300, A310, and 
A300-600 series airplanes was published in the Federal Register on July 
30, 1996 (61 FR 39603). That action proposed to require a one-time 
inspection of the rigging of the autopilot actuators on the pitch and 
yaw controls to ensure correct rigging, and, if necessary, re-rigging 
using a new, longer rigging pin.
    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 rule.

Request To Withdraw the Proposal

    One commenter, representing several affected U.S. operators, 
requests that the proposal be withdrawn. This commenter states that all 
U.S. operators have already accomplished the proposed rigging 
inspection on their fleets some time ago, and have revised their 
manuals to reflect the change in rigging pin part number. In light of 
their having completed all of the proposed actions, the commenter 
considers an AD to be unnecessary since the unsafe condition has been 
satisfactorily addressed. Issuance of the AD at this time will require 
these operators to revise their paperwork, which may be a burdensome 
task.
    Additionally, this commenter states that Presidential Executive 
Order 12866 requests the various regulatory agencies to identify and 
assess available alternatives to direct regulation. Therefore, the 
commenter recommends that airworthiness concerns, such as the one 
addressed by the proposal, be handled by a less costly method other 
than rulemaking.
    The FAA does not concur with the commenter's request to withdraw 
the proposed AD. The FAA has no evidence, as suggested by the

[[Page 4000]]

commenter, that all U.S. operators have already complied with the 
required actions. Until an AD is issued, there is no legal basis for 
requiring U.S. operators to comply with those actions. The AD is the 
only vehicle available for ensuring, by law, that all affected 
operators perform the necessary actions that will address the 
identified unsafe condition. It also will ensure that those actions are 
accomplished on any airplane that is imported and placed on the U.S. 
Register in the future. In light of this, the FAA has determined that 
this AD is both appropriate and warranted.
    Further, the FAA is not convinced that issuance of the AD will add 
a significant economic or administrative burden on operators who have 
already accomplished the required actions, as the commenter suggests. 
First, the FAA points out that there are currently only 86 U.S.-
registered airplanes that are affected by this AD. Second, the 
compliance provision of the AD clearly states that compliance is 
``required as indicated, unless accomplished previously.'' Therefore, 
operators who have already accomplished the required actions need 
merely make a single entry in their maintenance logs to indicate 
compliance with the AD. The FAA considers that such a procedure could 
not possibly pose a serious burden on any operator.

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 86 Airbus Model A300, 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 $5,160, 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:

97-02-20  Airbus: Amendment 39-9905. Docket 96-NM-33-AD.
    Applicability: All Model A300, A310, and A300-600 series 
airplanes, 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 prevent uncommanded pitch up or down, or yaw upset of the 
airplane due to incorrect rigging of the autopilot actuators on the 
yaw and pitch controls, accomplish the following:
    (a) Within 500 flight hours after the effective date of this AD, 
inspect the rigging of the autopilot actuators on both the pitch and 
the yaw controls to ensure that the rigging is correct, in 
accordance with Airbus All Operators Telex (AOT) 27-20, dated 
December 19, 1994. If the rigging is not correct, prior to further 
flight, re-rig in accordance with the AOT.
    (b) As of the effective date of this AD, no person shall rig the 
autopilot actuator on the pitch or yaw control on any airplane using 
a rigging pin having part number (P/N) OU131388.
    (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, 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.

    (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.
    (e) The actions shall be done in accordance with Airbus All 
Operators Telex (AOT) 27-20, dated December 19, 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.
    (f) This amendment becomes effective on March 4, 1997.

    Issued in Renton, Washington, on January 16, 1997.
S. R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-1618 Filed 1-27-97; 8:45 am]
BILLING CODE 4910-13-U