[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Proposed Rules]
[Pages 41744-41745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11722]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25421; Directorate Identifier 2006-NM-074-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Model A310 airplanes. This proposed AD would require 
revising the Limitations section of the airplane flight manual by 
incorporating restrictions for high altitude operations. This proposed 
AD results from several incidents of pitch oscillations with high 
vertical loads that occurred during turbulence at high altitudes. We 
are proposing this AD to prevent pitch oscillations during turbulence, 
which could result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 23, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     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.
     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 proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25421; Directorate Identifier 2006-NM-074-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, 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 proposed AD. 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 of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all A310 airplanes. The DGAC advises that 
several incidents of pitch oscillations with high vertical loads 
occurred during turbulence at high altitudes. Investigation revealed 
that this is due to a combination of certain altitude and weight 
conditions when the autopilot is disconnected or severe turbulence is 
encountered. This condition, if not corrected, could result in reduced 
controllability of the airplane.

Relevant Service Information

    Airbus has issued Temporary Revision (TR) 2.03.00/21 to the Airbus 
A310 Airplane Flight Manual (AFM). The TR, dated April 11, 2005, 
defines limitations on the flight envelope at high altitudes in order 
to reduce the risks of pitch over-control in case of heavy turbulence. 
The DGAC approved the TR and issued French airworthiness directive F-
2005-114, dated July 6, 2005, to ensure the continued airworthiness of 
these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in France and is 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. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and French Airworthiness Directive.''

Difference Between the Proposed AD and French Airworthiness Directive

    The proposed AD would differ from the parallel French airworthiness

[[Page 41745]]

directive in that it would require revising the AFM within 10 days 
after the effective date of this AD. In developing an appropriate 
compliance time for this AD, the FAA considered not only the DGAC's 
recommendation of revising the AFM as of the effective date of the 
French airworthiness directive, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the revision 
(less than one hour). In light of all of these factors, the FAA finds a 
10-day compliance time for completing the required AFM revision to be 
warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.

Costs of Compliance

    This proposed AD would affect about 62 airplanes of U.S. registry, 
it would take approximately 1 work hour per airplane to accomplish the 
proposed AFM revision, at an average labor rate of $80 per work hour. 
Based on these figures, the estimated cost of the proposed AD for U.S. 
operators is $4,960, or $80 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 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 proposed 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, 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:

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-2006-25421; Directorate Identifier 2006-NM-
074-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
23, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A310 airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD results from several incidents of pitch oscillations 
with high vertical loads that occurred during turbulence at high 
altitudes. We are issuing this AD to prevent pitch oscillations 
during turbulence, 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.

Revision of Airplane Flight Manual (AFM)

    (f) Within 10 days after the effective date of this AD, revise 
the Limitations section of the Airbus A310 AFM to include the 
information in Temporary Revision (TR) 2.03.00/21, dated April 11, 
2005. This may be done by inserting a copy of the TR into the AFM. 
When the TR has been included in the general revisions of the AFM, 
those general revisions may be inserted into the AFM, provided the 
relevant information in the general revisions is identical to that 
in the TR.

Alternative Methods of Compliance (AMOCs)

    (g)(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

    (h) French airworthiness directive F-2005-114, dated July 6, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on July 14, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-11722 Filed 7-21-06; 8:45 am]
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