[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Proposed Rules]
[Pages 28821-28824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22630; Directorate Identifier 2001-NM-323-AD]
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-
200 and -300 Series Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all 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 A310-200 and -300 
series airplanes. The original NPRM would have required a one-time 
inspection of the trimmable horizontal stabilizer actuator (THSA), 
corrective actions if necessary, and follow-on repetitive tasks. The 
original NPRM resulted from reports of THSAs that have reached their 
design operational life. This operational life can be extended provided 
an initial inspection and follow-on repetitive tasks are accomplished. 
This action revises the original NPRM by revising the initial 
compliance time. It also allows the component maintenance manual as an 
alternative repair method. We are proposing this supplemental NPRM to 
extend the operational life of the THSA to prevent a possible failure 
of high-time THSAs, which could result in reduced controllability of 
the airplane.

DATES: We must receive comments on this supplemental NPRM by June 12, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.

[[Page 28822]]

     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this supplemental NPRM.

FOR FURTHER INFORMATION CONTACT: Thomas Stafford, 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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22630; Directorate Identifier 2001-NM-323-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM would have applied to all 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 A310-200 and -300 series airplanes. The original NPRM was published 
in the Federal Register on October 6, 2005 (70 FR 58352). The original 
NPRM proposed to require a one-time inspection of the trimmable 
horizontal stabilizer actuator (THSA), corrective actions if necessary, 
and follow-on repetitive tasks.

Comments

    We have considered the following comments on the original NPRM.

Request To Withdraw Proposed AD

    According to a comment submitted through the Air Transport 
Association (ATA) on behalf of its member American Airlines, the 
original NPRM is unnecessary and would impose excessive and 
inappropriate regulatory requirements. American Airlines alleges that 
the original NPRM does not address the failure or safe operation of the 
subject THSA but instead addresses the manufacturer's failure to do its 
administrative duty--to adequately define the required maintenance and 
service life limitations of the component in the maintenance planning 
document (MPD). Because there have been no reports of failed THSAs on 
affected airplanes, the commenter concludes that the scope of the 
original NPRM extends beyond addressing a specific unsafe condition, 
and argues that operation beyond a design service goal does not 
necessarily constitute an airworthiness concern. American Airlines 
asserts that corresponding French airworthiness directive 2001-242(B), 
dated June 27, 2001, ``more appropriately acts as a temporary bridging 
document in the absence of the necessary MPD data.''
    We infer that the commenter requests that we withdraw the original 
NPRM. We disagree.
    First, this supplemental NPRM does not differ from the French 
airworthiness directive or service information (except for the source 
of repair approval explained in paragraph (g) of the supplemental 
NPRM).
    Second, an unsafe condition has been identified: Failure of the 
THSA could result in reduced controllability of the airplane. The THSA 
on the affected airplanes was designed for a specified operational 
life; some THSAs installed on those airplanes have reached this 
operational limit. The DGAC has mandated an inspection and maintenance 
program to maintain the THSA's design reliability objective beyond its 
original operational life. In consonance with the DGAC, we find it 
necessary to require the actions as proposed. We find no basis to 
withdraw the proposed AD.

Request To Revise Repair Requirements

    This same commenter requests that we revise the proposed 
requirement to obtain FAA or DGAC approval for repairs. American 
Airlines notes that there is no language in Airbus Service Bulletin 
A300-27-6044 or the French airworthiness directive or Goodrich Service 
Bulletin 47142-27-11 that proposes the need for regulatory oversight of 
repair actions. American Airlines adds that the original NPRM provides 
no justification for the requirement. According to the commenter, the 
THSA Component Maintenance Manual (CMM) does provide the necessary 
instructions for returning a unit to serviceable condition. The 
commenter reports that the airline is currently ``complying with the 
DGAC requirements'' and that the repair criterion was approved by the 
OEM (original equipment manufacturer) and Airbus, and was satisfactory 
to the DGAC.
    We infer that the commenter requests that we revise paragraph (g) 
to require repair in accordance with the CMM. We concur. We have 
reviewed TRW Aeronautical Systems/Lucas Aerospace CMM 27-44-13, dated 
September 14, 2001, and have determined that it contains the necessary 
repair information. We have revised paragraph (g) in this supplemental 
NPRM to consider this information an approved method for the repair.

Request To Incorporate Additional Service Information

    The same commenter would like to ensure that we are aware of Airbus 
Operators Information Telex (OIT), Reference SE 999.0074/05/BB, dated 
August 3, 2005, and that the contents of the OIT are reflected in the 
final rule, if applicable. The OIT determines the operational life of 
the THSA at 65,000 flight hours or 40,000 flight cycles or 25 years.
    We have reviewed the OIT, as well as Revision 01, dated October 28, 
2005,

[[Page 28823]]

which informs operators that a new life limit of 25 years applies to 
the THSA. In concurrence with the DGAC, we have determined that this 
25-year life limit must be applied. We have revised paragraphs (g), 
(h), and (i) in this supplemental NPRM accordingly.

Request for Credit for Prior Inspection

    Paragraph (g) of the original NPRM would require an inspection 
before the THSA accumulates 47,000 total flight hours, or within a 
grace period of 600 flight hours. The same commenter requests that we 
revise paragraph (g) to provide credit for the demonstrated prior 
accomplishment of the inspection for any THSA inspected and approved 
for the revised operational life of 65,000 hours or 40,000 cycles. The 
commenter states that including this language would avoid the necessity 
to pursue accomplishment credit through the alternative method of 
compliance (AMOC) process.
    We find it unnecessary to revise paragraph (g). The language 
``unless the actions have already been done'' specified in paragraph 
(e) in this supplemental NPRM obviates the need to repeat the 
inspection.

Request To Revise Cost Estimate

    The same commenter suggests that we revise the ``Estimated Costs'' 
table to reflect actual operator experience. The commenter reports that 
the proposed inspection takes at least 8 work hours based on American 
Airlines' experience, rather than 3 hours as the original NPRM states. 
The commenter adds that it was necessary to replace the $6,082 elastic 
claw stop because of hydraulic fluid ingress. The commenter states that 
all operators will likely encounter the same results, and requests that 
we include this cost in the final rule.
    We acknowledge the commenter's concerns but don't agree to change 
the cost estimate. The amount of time for the inspection will vary 
among operators. The cost estimate specified in the original NPRM 
reflects the work hour estimate provided by the manufacturer. Further, 
we do not agree to include the cost of the elastic claw stop. The 
commenter did not specify the percentage of the fleet that required a 
replaced elastic claw stop. The requirement to replace it is 
conditional based on the inspection findings. The information in the 
Costs of Compliance section in an AD action is limited to the cost of 
actions actually required by the AD. That section does not consider the 
costs of conditional actions (e.g., ``repair, if necessary''). 
Regardless of AD direction, those actions would be required to correct 
an unsafe condition identified in an airplane and ensure operation of 
that airplane in an airworthy condition, as required by the Federal 
Aviation Regulations.

Revised Labor Rate

    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    One of the changes discussed above expands the scope of the 
original NPRM; therefore, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment on this supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this supplemental NPRM.

                                                                     Estimated Costs
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                                                                                                                     Number of U.S.-
              Action                 Work hours     Average labor             Parts              Cost per airplane        reg.            Fleet cost
                                                    rate per hour                                                       airplanes
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Inspection.......................               3             $80  None required.............  $240................             146  $35,040
Repetitive follow-on tasks.......              12              80  $0........................  $960, per inspection             146  $140,160, per
                                                                                                cycle.                                inspection cycle.
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 supplemental NPRM 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 28824]]

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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2005-22630; Directorate Identifier 2001-NM-
323-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 12, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all of the following Airbus airplanes, 
certificated in any category:
    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.
    Model A310-304, -322, -324, and -325 airplanes.

Unsafe Condition

    (d) This AD results from reports of trimmable horizontal 
stabilizer actuators (THSAs) that have reached their design 
operational life. We are issuing this AD to extend the operational 
life of the THSA to prevent a possible failure of high-time units, 
which could result in reduced controllability of the airplane.

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.

Service Bulletin References

    (f) Unless otherwise specified in this AD, the term ``service 
bulletin,'' as used in this AD, means the applicable required 
service bulletin identified in Table 1 of this AD. The service 
bulletins refer to Goodrich Actuation Systems Service Bulletin 
47142-27-11, Revision 3, dated April 25, 2005, as an additional 
source of service information for the required actions.

                       Table 1.--Service Bulletins
------------------------------------------------------------------------
                                    Approved Airbus
                                   service bulletin
    Required Airbus service       version for actions    Airbus airplane
           bulletin                 done before the           model
                                effective date of this
                                          AD
------------------------------------------------------------------------
A300-27-6044, Revision 04,      A300-27-6044, Revision  A300 B4-601, B4-
 dated September 10, 2001.       02, dated August 26,    603, B4-620,
                                 2000; or Revision 03,   and B4-622.
                                 dated June 28, 2001.   A300 B4-605R and
                                                         B4-622R.
                                                        A300 F4-605R and
                                                         F4-622R.
                                                        A300 C4-605R
                                                         Variant F.
A310-27-2089, Revision 02,      A310-27-2089, Revision  A310-203, -204,
 dated June 28, 2001.            01, dated August 25,    221, and -222.
                                 2000.                  A310-304, -322,
                                                         324, and -325.
------------------------------------------------------------------------

Inspection

    (g) At the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD, do a detailed inspection of specified components 
of the THSA in accordance with paragraph 1.E.(2)(a) and the 
Accomplishment Instructions of the applicable service bulletin. 
Repair any discrepancy before further flight in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the Direction Generale de 
l'Aviation Civile (DGAC) (or its delegated agent). TRW Aeronautical 
Systems/Lucas Aerospace Component Maintenance Manual 27-44-13, dated 
September 14, 2001, is one acceptable method for the repair.
    (1) If the flight hours accumulated on the THSA can be 
positively determined: Inspect at the earlier of:
    (i) Before the accumulation of 47,000 total flight hours on the 
THSA, or within 600 flight hours after the effective date of this 
AD, whichever occurs later.
    (ii) Within 25 years since the THSA was new or within 600 flight 
hours after the effective date of this AD, whichever occurs later.
    (2) If the flight hours accumulated on the THSA cannot be 
positively determined: Inspect before the accumulation of 47,000 
total flight hours on the airplane, or within 600 flight hours after 
the effective date of this AD, whichever occurs later.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Follow-on Repetitive Tasks

    (h) After the inspection required by paragraph (g) of this AD: 
Do the repetitive tasks in accordance with the Accomplishment 
Instructions and at the times specified in paragraph 1.E.(2)(b) of 
the service bulletin, as applicable, except as provided by paragraph 
(i) of this AD. The repetitive tasks are valid only until the THSA 
operational life exceeds 65,000 flight hours, 40,000 flight cycles, 
or 25 years, whichever occurs first. Before the THSA is operated 
beyond these extended life goals, it must be replaced with a new 
THSA, except as required by paragraph (i) of this AD.

THSA Replacement

    (i) For any THSA, whether discrepant or not, that is replaced 
with a new THSA: Within 47,000 flight hours or 25 years, whichever 
occurs first, after the THSA is replaced, do the applicable tasks 
specified in paragraph 1.E.(2)(a) and the Accomplishment 
Instructions of the applicable service bulletin. Thereafter repeat 
the tasks within the repetitive intervals specified in paragraph 
1.E.(2)(b) of the applicable service bulletin.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, 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 2001-242(B), dated June 27, 
2001, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-7558 Filed 5-17-06; 8:45 am]
BILLING CODE 4910-13-P