[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62895-62897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17747]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2006-25221; Directorate Identifier 2006-NM-122-AD; 
Amendment 39-14804; AD 2006-22-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 and A310 Airplanes; 
and 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)

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 all 
Airbus Model A300 and A310 airplanes and A300-600 series airplanes. 
This AD requires inspecting for discrepancies of all electrical bundles 
located in the leading and trailing edges of the wings, and performing 
corrective actions if necessary. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent an ignition source, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

DATES: This AD becomes effective December 1, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 1, 
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, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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 all Airbus Model A300 
and A310 airplanes and A300-600 series airplanes. That NPRM was 
published in the Federal Register on June 30, 2006 (71 FR 37512). That 
NPRM proposed to require inspecting for discrepancies of all electrical 
bundles located in the leading and trailing edges of the wings, and 
performing corrective actions if necessary.

Comments

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

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a

[[Page 62896]]

public document. MARPA adds that if a service document is used as a 
mandatory element of compliance, it should not simply be referenced, 
but should be incorporated into the regulatory document; by definition, 
public laws must be public, which means they cannot rely upon private 
writings. MARPA adds that incorporated-by-reference service documents 
should be made available to the public by publication in the Document 
Management System (DMS), keyed to the action that incorporates them. 
MARPA notes that the stated purpose of the incorporated-by-reference 
method is brevity, to keep from expanding the Federal Register 
needlessly by publishing documents already in the hands of the affected 
individuals; traditionally, ``affected individuals'' means aircraft 
owners and operators, who are generally provided service information by 
the manufacturer. MARPA adds that a new class of affected individuals 
has emerged, since the majority of aircraft maintenance is now 
performed by specialty shops instead of aircraft owners and operators. 
MARPA notes that this new class includes maintenance and repair 
organizations, component servicing and repair shops, parts purveyors 
and distributors, and organizations manufacturing or servicing 
alternatively certified parts under part 21 of the Federal Aviation 
Regulations (14 CFR part 21), Sec.  21.303 (parts manufacturer 
approval). MARPA adds that the concept of brevity is now nearly archaic 
as documents exist more frequently in electronic format than on paper. 
Therefore, MARPA asks that the service documents deemed essential to 
the accomplishment of the NPRM be incorporated by reference into the 
regulatory instrument, and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
documents necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    Additionally, we do not publish service documents in DMS. We are 
currently reviewing our practice of publishing proprietary service 
information. Once we have thoroughly examined all aspects of this 
issue, and have made a final determination, we will consider whether 
our current practice needs to be revised. However, we consider that to 
delay this AD action for that reason would be inappropriate, since we 
have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 227 airplanes of U.S. registry. The actions 
take about 10 work hours per airplane, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of the AD for 
U.S. operators is $181,600, or $800 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):

2006-22-07 Airbus: Amendment 39-14804. Docket No. FAA-2006-25221; 
Directorate Identifier 2006-NM-122-AD.

Effective Date

    (a) This AD becomes effective December 1, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 and A310 airplanes; 
and all Airbus Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, 
B4-622R, F4-605R, and F4-622R airplanes, and A300 C4-605R Variant F 
airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source, 
which, in combination with flammable fuel vapors, could result in a 
fuel tank explosion and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within

[[Page 62897]]

the compliance times specified, unless the actions have already been 
done.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model A300 airplanes: Airbus Service Bulletin A300-24-
0102, including Appendix 01, dated December 15, 2005;
    (2) For Model A310 airplanes: Airbus Service Bulletin A310-24-
2095, including Appendix 01, dated December 15, 2005; and
    (3) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, F4-605R, and F4-622R airplanes, and A300 C4-605R Variant F 
airplanes: Airbus Service Bulletin A300-24-6092, including Appendix 
01, dated December 15, 2005.

Inspections and Corrective Actions

    (g) Within 44 months after the effective date of this AD, 
perform detailed inspections for discrepancies of all electrical 
bundles located in the leading and trailing edges of the wings, and 
all applicable corrective actions, by doing all of the actions in 
the service bulletin, except as provided by paragraph (h) of this 
AD. All corrective actions must be done before further flight.

    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.''

Exception to Corrective Action Instructions

    (h) If inadequate clearance is found between any electrical wire 
harness and adjacent components or structure: Before further flight, 
correct the inadequate clearance using a method approved by either 
the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or 
its delegated agent).

Reporting

    (i) Within 30 days after doing the inspections required by this 
AD, or within 30 days after the effective date of the AD, whichever 
is later: Submit a report of the findings (both positive and 
negative) of the inspections required by paragraph (g) of this AD to 
Airbus Engineering, c/o SE-E54, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. The report must include the airplane serial 
number or registration number, the number of flight cycles and 
flight hours on the airplane, the date of the inspection, the 
location of the defect, the conditions found, and the type of 
repair. Submitting Appendix 01 of the service bulletin to Airbus is 
acceptable for compliance with this requirement. Under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), 
the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance (AMOCs)

    (j)(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

    (k) EASA airworthiness directive 2006-0076, dated April 3, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A300-24-0102, including 
Appendix 01, dated December 15, 2005; Airbus Service Bulletin A310-
24-2095, including Appendix 01, dated December 15, 2005; or Airbus 
Service Bulletin A300-24-6092, including Appendix 01, dated December 
15, 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 October 17, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-17747 Filed 10-26-06; 8:45 am]
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