[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Rules and Regulations]
[Pages 1949-1951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-182]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22053; Directorate Identifier 2004-NM-74-AD; 
Amendment 39-14449; AD 2006-01-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and 
F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes 
(Collectively Called A300-600 Series Airplanes); and Airbus Model A310 
Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus airplanes, listed above. This AD requires installing 
two-stage relays in the electronics rack (90VU), and performing related 
corrective and investigative actions. This AD results from reports of 
inadvertent rudder trim activation when the autopilot is on. We are 
issuing this AD to prevent inadvertent trim activation when the 
autopilot is on and the slats are extended, which could result in 
rudder activation when the autopilot is turned off.

DATES: This AD becomes effective February 16, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 16, 
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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R 
Variant F airplanes (collectively called A300-600 series airplanes); 
and Airbus Model A310 series airplanes. That NPRM was published in the 
Federal Register on August 10, 2005 (70 FR 46437). That NPRM proposed 
to require installing two-stage relays in the electronics rack (90VU), 
and performing related corrective and investigative actions.

Comments

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

Support for the Proposed Rule

    Several commenters support the intent of the proposed AD.

Request To Change Applicability

    One commenter, the airplane manufacturer, requests that we revise 
the applicability of the proposed AD to exclude airplanes on which 
Airbus Modification 11442 has been accomplished.
    We agree with the commenter. The requested change would clarify the 
applicability for operators and be in line with the applicability of 
the parallel French airworthiness directive. We have revised paragraph 
(c) of the AD to exclude these airplanes.

Request To Identify Certain Part Numbers

    One commenter requests that the parts to be installed be identified 
in the proposed AD by manufacturer or part number. The commenter 
assumes that specific part numbers are identified in the referenced 
service information; however, since such information is not generally 
available to the public, it is not possible for the commenter to 
determine precisely which relays are to be installed.
    The same commenter also requests that the proposed AD provide for 
the possible existence of approved PMA parts by appending the phrase 
``or FAA-approved equivalent part number'' to the part number of the 
part required to be installed. The commenter states that because it 
cannot determine which relays are to be installed, it is unable to 
identify if any possible alternatives approved under section 21.303 of 
the Federal Aviation Regulations (14 CFR 21.303) exist. The commenter 
notes that airframe manufacturers, particularly foreign-based 
manufacturers, do not consider the impact of 14 CFR 21.303 in the 
creation of their service bulletins. Therefore, service documents can, 
and often do, create conditions that ``seek to contravene existing 
law'' by mandating the installation of a certain part-numbered part to 
the exclusion of all other parts that may now or in the future exist as 
FAA-approved alternatives.
    We do not concur with the commenter's requests. Accomplishing the 
requirements of this AD involves installing two-stage relays in the 
electronics rack (90VU). Part numbers associated with accomplishing the 
installation are listed in the service bulletins referenced in this AD 
as the appropriate sources of service information. We find that it is 
impractical for us to list these numerous part numbers in the AD.
    However, the commenter's remarks are timely in that the Transport 
Airplane Directorate currently is in the process of reviewing the issue 
of addressing PMA parts in ADs as that issue applies to transport 
category airplanes. Once we have thoroughly examined all aspects of 
this issue and have made a final determination, we will consider 
whether our policy needs to be revised. We consider that to delay this 
AD action would be inappropriate, since we have determined that an

[[Page 1950]]

unsafe condition exists and that replacement of certain parts must be 
accomplished to ensure continued safety. Therefore, no change has been 
made to the AD in this regard.

Request To Reference Earlier and Later Service Bulletins

    One commenter requests that we permit the use of future revisions 
of the service bulletins specified in the proposed AD and in all FAA 
ADs in general. The commenter states that subsequent revisions of the 
service bulletin that are not specifically referenced in a rule may not 
appreciably affect the work accomplished. The commenter gives the 
example that a revision to annotate the bulletin as ``mandatory'' would 
be an administrative change not affecting the scope of work. The 
commenter states that the cognizant FAA engineering authority should 
have sufficient information to determine the applicable service 
bulletin revisions that would accomplish the necessary corrective 
action, and that the final rule should provide operators with 
comprehensive information regarding all available data subject to the 
rule.
    In addition, the commenter also points out that when a service 
bulletin states in the preamble, ``no additional work required by this 
latest revision for any aircraft modified by any previous issue,'' the 
AD should approve of work accomplished up to the revision level 
available at the time of the proposed rule.
    We do not agree with the commenter's request. Approving revisions 
of service bulletins that have not yet been released would violate the 
Office of the Federal Register's (OFR) regulations for approving 
materials that are incorporated by reference. In general terms, we are 
required by these OFR regulations either to publish the service 
document contents as part of the actual AD language, or to submit the 
service document to the OFR for approval as ``referenced'' material, in 
which case we may only refer to such material in the text of an AD. The 
AD may refer to the service document only if the OFR has approved it 
for ``incorporation by reference.'' To allow operators to use later 
revisions of a referenced document, we must either revise the AD to 
reference the specific later revisions, or operators may request 
approval to use later revisions as an alternative method of compliance 
(AMOC) with this AD. Operators may request approval of an AMOC for this 
AD under the provisions of paragraph (h) of this AD.
    For similar reasons, we cannot use the phrase ``or any prior 
revision,'' to allow operators to use previous revisions of a service 
bulletin. However, we list the approved earlier revisions in the AD, 
which allows us to specify which revisions are approved for compliance 
with certain or all requirements of the AD. In this particular AD, the 
approved earlier revisions are identified in paragraph (g), Table 2, of 
the AD. These approved earlier revisions include, among others, Airbus 
Service Bulletin A300-27-6031, Revision 01, dated September 3, 1997, 
and Revision 02, dated December 4, 1998, but not the original revision, 
dated February 14, 1997. No change to the AD is needed in this regard.

Clarification of AMOCs 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 115 airplanes of U.S. registry. The actions 
take between 3 and 14 work hours per airplane, depending on the 
airplane's configuration, at an average labor rate of $65 per work 
hour. Required parts cost between $520 and $1,330 per airplane, 
depending on the airplane's configuration. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is between $82,225 
and $257,600, or between $715 and $2,240 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):

2006-01-10 Airbus: Amendment 39-14449. Docket No. FAA-2005-22053; 
Directorate Identifier 2004-NM-74-AD.

Effective Date

    (a) This AD becomes effective February 16, 2006.

Affected ADs

    (b) None.

[[Page 1951]]

Applicability

    (c) This AD applies to the Airbus airplanes identified in Table 
1 of this AD, certificated in any category, except for airplanes on 
which Airbus Modification 11442 has been accomplished.

             Table 1.--Airbus Airplanes Affected by This AD
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                                            As identified in paragraph
                                           1.A.(2)(a), ``Effectivity by
            Affected models--                MSN,'' of Airbus Service
                                                    Bulletin--
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Model A300 B4-600, B4-600R, and F4-600R   A300-27-6031, Revision 03,
 series airplanes, and Model C4-605R       dated February 9, 2001.
 Variant F airplanes (collectively
 called A300-600 series airplanes).
Model A310 series airplanes.............  A310-27-2077, Revision 03,
                                           dated February 9, 2001.
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Unsafe Condition

    (d) This AD results from reports of inadvertent rudder trim 
activation when the autopilot is on. We are issuing this AD to 
prevent inadvertent trim activation when the autopilot is on and the 
slats are extended, which could result in rudder activation when the 
autopilot is turned off.

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.

Installation

    (f) Within 16 months after the effective date of this AD: 
Install two-stage relays in the electronics rack 90VU between switch 
4CG and relays 12CG and 13CG; and do any applicable related 
corrective and investigative actions before further flight. Do all 
the actions in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-27-6031, Revision 03, dated February 9, 
2001 (for Model A300-600 series airplanes); or Airbus Service 
Bulletin A310-27-2077, Revision 03, dated February 9, 2001 (for 
Model A310 series airplanes).

Modification According to Previous Issues of Service Bulletins

    (g) Installations are also acceptable for compliance with the 
requirements of paragraph (f) of this AD if done before the 
effective date of this AD in accordance with one of the service 
bulletins identified in Table 2 of this AD.

             Table 2.--Previous Issues of Service Bulletins
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   Airbus Service Bulletin       Revision                Date
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A300-27-6031................              01  September 3, 1997.
A300-27-6031................              02  December 4, 1998.
A310-27-2077................              01  September 3, 1997.
A310-27-2077................              02  December 4, 1998.
------------------------------------------------------------------------

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.

Related Information

    (i) French airworthiness directive 98-175-249(B), dated April 
22, 1998, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A300-27-6031, Revision 
03, dated February 9, 2001; or Airbus Service Bulletin A310-27-2077, 
Revision 03, dated February 9, 2001; 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 30, 2005.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-182 Filed 1-11-06; 8:45 am]
BILLING CODE 4910-13-P