[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Rules and Regulations]
[Pages 873-875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-62]



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  Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Rules 
and Regulations  

[[Page 873]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21860; Directorate Identifier 2005-NM-032-AD; 
Amendment 39-14445; AD 2006-01-06]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series 
airplanes. This AD requires operators to modify the hydraulic control 
block of the nose landing gear. This AD results from a report of an 
unexpected steering event (swerve) during the take-off roll of one 
affected airplane. We are issuing this AD to prevent loss of airplane 
steering while on the ground, which could result in the airplane going 
off the side of the runway.

DATES: This AD becomes effective February 10, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 10, 
2006.

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: Tim Backman, Aerospace Engineer 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; 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 would apply to certain Airbus Model 
A330-200, A330-300, A340-200, and A340-300 series airplanes. That NPRM 
was published in the Federal Register on July 19, 2005 (70 FR 41354). 
That NPRM proposed to require operators to modify the hydraulic control 
block of the nose landing gear.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Exclude Airplanes With Certain Modification From 
Applicability

    The commenter requests that the applicability be revised to match 
the effectivity of French airworthiness directive F-2005-016, dated 
January 19, 2005. The French airworthiness directive excludes airplanes 
on which Airbus Modification 50650 has been embodied in production or 
Airbus Service Bulletin A330-32-3156 or A340-32-4194 has been embodied 
in service. The original issue of these service bulletins, both dated 
December 22, 2004, was referenced as the appropriate source of service 
information for accomplishing the actions proposed in the NPRM. The 
commenter states that this additional information in the applicability 
would be useful for compliance with the FAA AD, particularly at the 
delivery level, and would help to avoid requests for alternate methods 
of compliance (AMOCs) once the AD is issued.
    We partially agree with the commenter. We agree to revise the 
applicability to exclude airplanes on which Airbus Modification 50650 
has been embodied in production. Airplanes on which Modification 50650 
has been embodied are not subject to the identified unsafe condition. 
We disagree with including a reference to the service bulletins in the 
applicability. Paragraph (f) of the NPRM proposed to require 
accomplishing the actions in those service bulletins in order to ensure 
that the actions are accomplished on all affected airplanes. In 
addition, paragraph (e) of the NPRM and the final rule states, ``You 
are responsible for having the actions required by this AD performed 
within the compliance times specified, unless the actions have already 
been done.'' If the service bulletins referenced in paragraph (f) are 
accomplished then, in accordance with paragraph (e), no further actions 
are necessary. Paragraph (e) accomplishes the purpose of the 
commenter's request regarding airplanes on which the service bulletins 
are embodied, without making an additional change to the applicability. 
Therefore, we have changed the applicability of the final rule to 
exclude airplanes on which Airbus Modification 50650 has been embodied 
in production, but we have not added a reference to the service 
bulletins in the applicability.

Request To Add Reference to Re-identified Parts

    The commenter considers it useful to operators to add a new note at 
the end of paragraph (f) to state that ``At the end of the 
modification: The hydraulic control block (HCB) part number (P/N) 
C24856000-9 will become P/N C24856000-11, and the HCB P/N C24856001-7 
will become P/N C24856001-9.''
    We agree with the commenter. The information about the part numbers 
used for re-identifying the parts after the modification would be 
useful to operators. We have not added a new note, but have included 
this information in the existing Note 1 of the final rule. Note 1 
refers to Messier-Bugatti Service Bulletin C24856-32-064, dated January 
26, 2005, which is an additional source

[[Page 874]]

of service information for doing the modification, and which also 
contains the references to the re-identified part numbers. We have also 
revised paragraph (g) of the final rule to remove the statement 
``unless it has been modified in accordance with paragraph (f) of this 
AD.'' The modified parts have a new part number, as specified in the 
revised Note 1.

Request To Add Airplanes to Applicability

    The commenter requests that we add Airbus Model A330-302 and -303 
airplanes to the applicability. The commenter points out that French 
airworthiness directive F-2005-016, dated January 19, 2005, and Airbus 
Service Bulletin A330-32-3156, dated December 22, 2004, which was 
referenced as a source of service information in the NPRM, both include 
these airplanes. The commenter acknowledges that Airbus Model A330-302 
and -303 airplanes have not yet been certified by the FAA, but states 
that the certification is expected in the near future. The commenter 
suggests that, since the certification is expected and these airplane 
models are included in the mandated service information, they be 
included in the applicability of the final rule.
    We do not agree with the commenter. AD actions are restricted to 
airplanes that 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. However, should these airplanes be type certificated, we may 
consider further AD action. We have not changed the final rule in this 
regard.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 22 Model A330-200 and A330-300 airplanes of 
U.S. registry. The actions take about 39 work hours per airplane, at an 
average labor rate of $65 per work hour. There is no charge for 
required parts. Based on these figures, the estimated cost of this AD 
for U.S. operators is $55,770, or $2,535 per airplane.
    There are currently no Model A340-200 or Model A340-300 airplanes 
on the U.S. Register. Should one of these airplanes be imported and 
placed on the U.S. Register in the future, the actions would take about 
39 work hours per airplane, at an average labor rate of $65 per work 
hour. Based on these figures, the estimated cost of this AD would be 
$2,535 per airplane.

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 
adding the following new airworthiness directive (AD):

2006-01-06 Airbus: Amendment 39-14445. Docket No. FAA-2005-21860; 
Directorate Identifier 2005-NM-032-AD.

Effective Date

    (a) This AD becomes effective February 10, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223, 
-243, -301, -321, -322, -323, -341, -342, and -343 airplanes; and 
Model A340-211, -212, -213, -311, -312, and -313 airplanes; 
certificated in any category; except airplanes on which Airbus 
Modification 50650 has been embodied in production.

Unsafe Condition

    (d) This AD results from a report of an unexpected steering 
event (swerve) during the take-off roll of one affected airplane. We 
are issuing this AD to prevent loss of airplane steering while on 
the ground, which could result in the airplane going off the side of 
the runway.

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.

Modification

    (f) Within 30 months after the effective date of this AD: Modify 
the hydraulic control block (HCB) in accordance with the 
Accomplishment Instructions of the applicable service bulletin in 
paragraph (f)(1) or (f)(2) of this AD.
    (1) For Model A330-200 and A330-300 series airplanes: Airbus 
Service Bulletin A330-32-3156, dated December 22, 2004.
    (2) For Model A340-200 and A340-300 series airplanes: Airbus 
Service Bulletin A340-32-4194, dated December 22, 2004.

    Note 1: The Airbus service bulletins refer to Messier-Bugatti 
Service Bulletin C24856-

[[Page 875]]

32-064, dated January 26, 2005, as an additional source of service 
information for doing the modification. At the end of the 
modification: The HCB part number (P/N) C24856000-9 will become P/N 
C24856000-11, and the HCB P/N C24856001-7 will become P/N C24856001-
9.

Parts Installation

    (g) After the effective date of this AD, no person may install 
on any airplane an HCB having P/N C24856000-9 or C24856001-7.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, 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.

Related Information

    (i) French airworthiness directive F-2005-016, dated January 19, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A330-32-3156, dated 
December 22, 2004; or Airbus Service Bulletin A340-32-4194, dated 
December 22, 2004; as applicable; to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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 December 27, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-62 Filed 1-5-06; 8:45 am]
BILLING CODE 4910-13-P