[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Rules and Regulations]
[Pages 8436-8439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1404]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22455; Directorate Identifier 2005-NM-095-AD; 
Amendment 39-14489; AD 2006-04-08]
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 Model A310-300 
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 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 Model A310-300 series airplanes. This 
AD requires inspecting the pilot's and co-pilot's seats to determine if 
a certain actuator having a certain part number is installed, and 
corrective action if necessary. This AD results from a production 
defect found in certain actuators during overhaul of the pilot's and 
co-pilot's seats. We are issuing this AD to prevent uncommanded 
movement of the pilot's or co-pilot's seat, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of airplane control.

DATES: This AD becomes effective March 24, 2006.

[[Page 8437]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 24, 
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: Tom Stafford, Aerospace Engineer, ANM-
116, International Branch, FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; 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 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 Model A310-300 series airplanes. That NPRM was published in the 
Federal Register on September 19, 2005 (70 FR 54852). That NPRM 
proposed to require inspecting the pilot's and co-pilot's seats to 
determine if a certain actuator having a certain part number is 
installed, and corrective action if necessary.

Comments

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

Request To Include Revised Service Information

    One commenter, the airplane manufacturer, asks that we change the 
NPRM to refer to Airbus Service Bulletin A300-25-6194, Revision 01, 
dated April 8, 2005 (for A300-600 series airplanes), as an ``acceptable 
means of compliance'' for accomplishing the actions. The NPRM refers to 
the original issue of the service bulletin as the acceptable source of 
service information for accomplishing the proposed actions.
    We agree with the commenter's request. The procedures in Revision 
01 of the referenced service bulletin are essentially the same as those 
in the original issue of the service bulletin. Revision 01 merely adds 
one manufacturer serial number to those identified in the service 
bulletin effectivity. Accordingly, we have revised paragraph (f) of 
this AD to refer to Revision 01 as the appropriate source of service 
information for accomplishing the required actions. We have also added 
a new paragraph (g) (and re-identified subsequent paragraphs 
accordingly) to state that inspections and corrective actions 
accomplished before the effective date of this AD per the original 
issue of the service bulletin are acceptable for compliance with this 
AD.

Request To Reference Parts Manufacturer Approval (PMA) Parts

    One commenter requests that the language in the NPRM be changed to 
permit installation of PMA equivalent parts. The commenter states that 
the mandated installation of a certain part number ``is in conflict 
with existing law (FAR 21.303),'' which permits the installation of 
other PMA parts.
    We infer that the commenter would like the AD to permit 
installation of any equivalent PMA part so that it is not necessary for 
an operator to request approval of an alternative method of compliance 
(AMOC) in order to install an ``equivalent'' PMA part. Whether an 
alternative part is ``equivalent'' in adequately resolving the unsafe 
condition can only be determined on a case-by-case basis based on a 
complete understanding of the unsafe condition. We are not currently 
aware of any such parts. Our policy is that, in order for operators to 
replace a part with one that is not specified in the AD, they must 
request an AMOC. This is necessary so that we can make a specific 
determination that an alternative part is or is not susceptible to the 
same unsafe condition.
    In response to the commenter's statement regarding a ``variance 
with FAR 21.303,'' under which the FAA issues PMAs, this statement 
appears to reflect a misunderstanding of the relationship between ADs 
and the certification procedural regulations of part 21 of the Federal 
Aviation Regulations (14 CFR part 21). Those regulations, including 
section 21.303 of the Federal Aviation Regulations (14 CFR 21.203), are 
intended to ensure that aeronautical products comply with the 
applicable airworthiness standards. ADs are issued when, 
notwithstanding those procedures, we become aware of unsafe conditions 
in these products or parts. Therefore, an AD takes precedence over 
design approvals when we identify an unsafe condition, and mandating 
installation of a certain part number in an AD is not at variance with 
section Sec.  21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. We have made no 
change to the AD in this regard.

Request To Address Defective PMA Parts

    The same commenter also requests that the NPRM be revised to cover 
possible defective PMA alternative parts, rather than just a single 
part number, so that those defective PMA parts also are subject to the 
NPRM. The commenter states that, often, the service document specifies 
a defective part with the requirement that the defective part be 
replaced by a ``new and improved'' part. This fails to address the 
possibility that a PMA part may be installed instead of the original 
part. Since the PMA part may often share the identical design data with 
the original part, while having a completely different part number, it 
is possible that the AD will not address certain defective PMA parts 
installed on the airplane. This would allow the unsafe condition to 
continue.
    We agree with the commenter's general request that, if we know that 
an unsafe condition also exists in PMA parts, the AD should address 
those parts, as well as the original parts. As the commenter states, in 
this case, the identified PMA part has a different part number than the 
original, and is therefore not subject to the requirements of this AD. 
We are not aware of other PMA parts that have a different part number. 
The commenter's remarks are timely in that the Transport Airplane

[[Page 8438]]

Directorate currently is in the process of reviewing this issue as it 
applies to transport category airplanes. We acknowledge that there may 
be other ways of addressing this issue to ensure that unsafe PMA parts 
are identified and addressed. Once we have thoroughly examined all 
aspects of this issue, including input from industry, and have made a 
final determination, we will consider whether our policy regarding 
addressing PMA parts in ADs needs to be revised. We consider that to 
delay this AD action would be inappropriate, since we have determined 
that an unsafe condition exists and that replacement of certain parts 
must be accomplished to ensure continued safety. Therefore, we have 
made no change to the AD in this regard.

Clarification of AMOC Paragraph

    We have revised paragraph (j) of this AD 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. 
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 169 airplanes of U.S. registry. The 
inspection takes about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $10,985, or $65 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):

2006-04-08 Airbus: Amendment 39-14489. Docket No. FAA-2005-22455; 
Directorate Identifier 2005-NM-095-AD.

Effective Date

    (a) This AD becomes effective March 24, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, 
and B4-622 airplanes, A300 B4-605R and B4-622R airplanes, A300 F4-
605R and F4-622R airplanes, and A300 C4-605R Variant F airplanes; 
and Airbus Model A310-304, -322, -324, and -325 airplanes; 
certificated in any category; equipped with Sogerma Socea powered 
seats having part number (P/N) TAAI2-13PE00-01, -13PE01-01, -13CE00-
01, or 13CE01-01 installed.

Unsafe Condition

    (d) This AD results from a production defect found in certain 
actuators during overhaul of the pilot's and co-pilot's seats. We 
are issuing this AD to prevent uncommanded movement of the pilot's 
or co-pilot's seat, which could result in interference with the 
operation of the airplane and consequent temporary loss of airplane 
control.

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.

Inspection for Actuator Part Numbers and Corrective Action

    (f) Within 600 flight hours or 30 days after the effective date 
of this AD, whichever is first: Inspect to determine if a Messier 
Bugatti (Labinal) actuator with P/N 4136290004 or 4136290005 is 
installed on the pilot's or co-pilot's seat by doing all the actions 
specified in the Accomplishment Instructions of Airbus Service 
Bulletin A310-25-2182 (for A310-300 series airplanes), dated 
February 1, 2005, or A300-25-6194, Revision 01 (for A300-600 series 
airplanes), dated April 8, 2005, as applicable.
    (1) If no actuator with the identified P/N is installed, no 
further action is required by this paragraph.
    (2) If any actuator with any identified P/N is installed: Within 
6 months after the effective date of this AD, replace the affected 
actuator with a new actuator in accordance with the Accomplishment 
Instructions of the applicable service bulletin.

    Note 1: Airbus Service Bulletins A310-25-2182 and A300-25-6194 
reference Sogerma-Services Service Bulletin TAAI2-25-616, dated 
November 30, 2004, as an additional source of service information 
for accomplishing the actuator replacement.

Credit for Previous Issue of Service Bulletin

    (g) Inspections and corrective action accomplished before the 
effective date of this AD in accordance with Airbus Service Bulletin 
A300-25-6194 (for A300-600 series airplanes), dated February 1, 
2005, is acceptable for compliance with the actions required by 
paragraph (f) of this AD.

Parts Installation

    (h) After the effective date of this AD, no Messier Bugatti 
(Labinal) actuator with P/N 4136290004 or 4136290005 may be 
installed on any airplane.

No Reporting Required

    (i) Although the service bulletins referenced in this AD specify 
to submit an inspection report to the manufacturer, this AD does not 
include that requirement.

[[Page 8439]]

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 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 14 CFR 
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

    (k) French airworthiness directive F-2005-038, dated March 2, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A310-25-2182, excluding 
Appendix 01, dated February 1, 2005; or Airbus Service Bulletin 
A300-25-6194, Revision 01, excluding Appendix 01, dated April 8, 
2005; 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 February 7, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1404 Filed 2-16-06; 8:45 am]
BILLING CODE 4910-13-P