[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Rules and Regulations]
[Pages 8453-8457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1412]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22411; Directorate Identifier 2005-NM-074-AD; 
Amendment 39-14482; AD 2006-04-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 Series Airplanes; 
Model A300 B4 Series Airplanes; Model A300 B4-600 Series Airplanes; 
Model A300 B4-600R Series Airplanes; Model A300 F4 600R Series 
Airplanes; Model A300 C4-605R Variant F Airplanes; and Model A310-200 
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 transport category airplanes. This AD requires replacing 
the existing cabin altitude indicator in the cabin pressure control 
panel with a new, improved cabin altitude indicator. This AD results 
from a report of injuries occurring on in-service airplanes when 
crewmembers forcibly initiated opening of passenger/crew doors against 
residual pressure causing the doors to rapidly open. We are issuing 
this AD to prevent injury to crewmembers, and subsequent damage to the 
airplane caused by rapid opening of the door.

DATES: This AD becomes effective March 24, 2006.
    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, 
Aerospace Engineer, International Branch, ANM-116, 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 
transport category airplanes. That NPRM was published in the Federal 
Register on September 14, 2005 (70 FR 54321). That NPRM proposed to 
require replacing the existing cabin altitude indicator in the cabin 
pressure control panel with a new, improved cabin altitude indicator.

Comments

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

Agreement With the NPRM

    One commenter states that it agrees with the proposed requirements 
of the NPRM.

[[Page 8454]]

Request To Extend the Compliance Time

    One commenter requests that the compliance time of the NPRM be 
extended from 22 months to 34 months. The commenter points out that a 
compliance time of 34 months would correlate with the French 
airworthiness directive that mandated the service bulletins specified 
in the NPRM.
    We agree that the compliance time may be extended. Our intention 
was that the compliance time of this AD should correlate with the 
French airworthiness directive. We have revised the AD to specify 34 
months.

Request To Revise the ``Costs of Compliance'' Section

    This same commenter requests that the estimated cost of the NPRM be 
revised from $1,071 to $3,081, per airplane. The commenter states that 
it can provide the $3,081 dollar figure based on that fact that it has 
accomplished the modification on several airplanes.
    We do not agree that the ``Costs of Compliance'' section should be 
revised. Based on the information provided in the new Revision 2 of the 
service bulletins specified in this AD, there is no change in the costs 
that were estimated in the NPRM. The cost analysis in AD rulemaking 
actions typically does not include incidental costs such as the time 
required to gain access and close up, time necessary for planning, or 
time necessitated by other administrative actions. Those incidental 
costs, which may vary significantly among operators, are almost 
impossible to calculate. No change to this AD is necessary in this 
regard.

Request To Limit Applicability of the NPRM

    One commenter, a freighter operator, requests that the FAA consider 
the differences in operation between passenger and cargo operations. 
The commenter states that its normal flightcrew procedures require that 
the flightcrew open the entry door, and this event occurs after engine 
shutdown. The commenter states that its cabin residual warning system 
would alert the flightcrew if a differential pressure existed within 
the cabin. The commenter further notes that its flightcrew ground 
procedures do not refer to the cabin altitude indicator for any 
purpose.
    We infer that the commenter is requesting that we remove cargo 
airplanes from the applicability of the AD. We do not agree that the 
requirements of this AD do not apply to cargo airplanes. We point out 
that cargo operator procedures may change and are not universal in 
application. In addition, in the event a new operator buys an airplane, 
the existing cargo operator procedures are not legally required to be 
used by the new operator. No change to this AD is necessary in this 
regard. However, under the provisions of paragraph (i) of the AD, we 
may consider requests for approval of an alternative method of 
compliance if sufficient data are submitted to substantiate that such a 
method would provide an acceptable level of safety.

Request To Address Defective Parts Manufacturer Approval (PMA) Parts

    One commenter 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 proposed AD. 
The commenter states that PMA manufacturers are encouraged--and in some 
cases, required--to identify PMA parts by alternative designations.
    We concur 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. 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 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, no change has been 
made to the final rule in this regard.

Request To Reference Parts with PMA

    The same commenter also requests that the language in the NPRM be 
changed to permit installation of other FAA-approved equivalent parts. 
The commenter states that the mandated installation of a certain part 
number ``is at variance with 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 parts with a PMA, this 
statement appears to reflect a misunderstanding of the relationship 
between ADs and the certification procedural regulations of part 21 of 
the FARs (14 CFR part 21). Those regulations, including section 21.303 
of the FARs (14 CFR part 21.303), are intended to ensure that 
aeronautical products comply with the applicable airworthiness 
standards. But 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 FARs (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. No change to the AD is necessary in this regard.

Request To Require Latest Revision of the Service Bulletin

    One commenter, the manufacturer, advises that it has issued new 
revisions to each of the service bulletins referenced in the NPRM. The

[[Page 8455]]

commenter also states that the new revision level was issued to inform 
operators that the service information was mandatory. The commenter 
requests that the NPRM be revised to reflect the new revision level of 
each of the service bulletins.
    We agree that the AD should reflect the new revision level of the 
service bulletins and have revised the AD accordingly.

Request To Give ``Credit'' for a Service Bulletin

    The same commenter, the manufacturer, notes that paragraph (g) of 
the NPRM gives credit for accomplishing the actions of Airbus Service 
Bulletin A310-21-2063 and A300-21-0131, both dated September 9, 2004. 
The commenter requests that credit also be given for accomplishing the 
actions specified in Airbus Service Bulletin A310-21-0131, dated 
September 9, 2004.
    We agree to revise paragraph (g) of the AD. We have added a new 
Table 2, which specifies not only the requested additional service 
bulletin revision, but also Revision 01 for each of the service 
bulletins.

Clarification of Alternative Method of Compliance (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 will affect about 194 airplanes of U.S. registry. The 
required actions will take about 7 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts will cost about 
$1,246 per airplane. Based on these figures, the estimated cost of this 
AD for U.S. operators is $329,994, or $1,701 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):

2006-04-01 Airbus: Amendment 39-14482. Docket No. FAA-2005-22411; 
Directorate Identifier 2005-NM-074-AD.

Effective Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, 
and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 
airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; 
Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-
622R airplanes; Model A300 C4-605R Variant F airplanes; Model A310-
203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, 
and -325 airplanes; certificated in any category; except for those 
airplanes on which Airbus Modification 12857 has been incorporated 
in production.

Unsafe Condition

    (d) This AD was prompted by a report of injuries occurring on 
in-service airplanes when crewmembers forcibly initiated opening of 
passenger/crew doors against residual pressure causing the doors to 
rapidly open. We are issuing this AD to prevent injury to 
crewmembers, and subsequent damage to the airplane caused by the 
rapid opening of the door.

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.

Replacing the Cabin Altitude Indicator

    (f) Within 34 months after the effective date of this AD, 
replace the cabin altitude indicator (Part Number (P/N) 37000-3) in 
the cabin pressure control panel with a new improved cabin altitude 
indicator (P/N 37000-3-01), in accordance with the service bulletins 
specified in Table 1 of this AD, as applicable.

[[Page 8456]]



                                       Table 1.--Airbus Service Bulletins
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                                               Service bulletin and
                  Model                           revision number                          Date
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Model A300 B2-1A, B2-1C, B2K-3C, and B2-   A300-21-0131, Revision 02...  April 20, 2005.
 203 airplanes; Model A300 B4-2C, B4-103,
 and B4-203 airplanes; Model A300 B4-601,
 B4-603, B4-620, and B4-622 airplanes.
Model A300 B4-605R and B4-622R airplanes;  A300-21-6050, Revision 02...  April 20, 2005.
 Model A300 F4-605R and F4-622R
 airplanes; Model A300 C4-605R Variant F
 airplanes.
Model A310-304, -322, -324, and -325        A310-21-2063, Revision 02..  April 20, 2005.
 airplanes.
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    Note 1: The service bulletins specified in Table 1 of paragraph 
(f) of this AD describe installation of an in-service modification 
equivalent to production Modification 12857.

Additional Source of Service Information

    Note 2: Each of the service bulletins specified in Table 1 of 
paragraph (f) of this AD refers to Thales Service Bulletin 37000-3-
21-001, dated October 8, 2004, as an additional source of service 
information.

Actions Accomplished in Accordance With Previous Service Information

    (g) Replacement of the cabin altitude indicator with a new, 
improved indicator, in accordance with the Airbus service bulletins 
specified in Table 2 of this AD, as applicable, before the effective 
date of this AD, is acceptable for compliance with the requirements 
of paragraph (f) of this AD.

                          Table 2.--Airbus Service Bulletins Acceptable for Compliance
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                                               Service bulletin and
                  Model                           revision number                          Date
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Model A300 B2-1A, B2-1C, B2K-3C, and B2-   A300-21-0131, (original)....  September 9, 2004.
 203 airplanes; Model A300 B4-2C, B4-103,  A300-21-0131, Revision 01...  January 6, 2005.
 and B4-203 airplanes; Model A300 B4-601,
 B4-603, B4-620, and B4-622 airplanes.
Model A300 B4-605R and B4-622R airplanes;  A300-21-6050, (original)....  September 9, 2004.
 Model A300 F4-605R and F4-622R            A300-21-6050, Revision 01...  December 17, 2004.
 airplanes; Model A300 C4-605R Variant F
 airplanes.
Model A310-304, -322, -324, and -325       A310-21-2063, (original)....  September 9, 2004.
 airplanes.                                A310-21-2063, Revision 01...  January 6, 2005.
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Parts Installation

    (h) After the effective date of this AD, no person may install a 
Thales cabin altitude indicator having P/N 37000-3 on any airplane.

Alternative Methods of Compliance (AMOCs)

    (i)(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

    (j) French airworthiness directive F-2005-027, dated February 
16, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use the service information specified in Table 3 of 
this AD 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.

                                  Table 3.--Material Incorporated by Reference
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            Airbus service bulletin                Revision level                       Date
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A300-21-0131...................................                 02  April 20, 2005.
A300-21-6050...................................                 02  April 20, 2005.
A310-21-2063...................................                 02  April 20, 2005.
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[[Page 8457]]

    Issued in Renton, Washington, on February 1, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1412 Filed 2-16-06; 8:45 am]
BILLING CODE 4910-13-P