[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Rules and Regulations]
[Pages 67441-67445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19535]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-381-AD; Amendment 39-14832; AD 2006-24-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A330-200, A330-300, A340-200, and 
A340-300 series airplanes. This AD requires repetitive inspections for 
discrepancies of the grease and gear teeth of the radial variable 
differential transducer of the nose wheel steering gearbox; or 
repetitive inspections for damage of the chrome on the bearing surface 
of the nose landing gear (NLG) main fitting barrel; as applicable. And, 
for airplanes with any discrepancy or damage, this AD requires an 
additional inspection or corrective actions. This AD also adds a 
terminating action. The actions specified by this AD are intended to 
prevent incorrect operation or jamming of the nose wheel steering, 
which could cause reduced controllability of the airplane on the 
ground. This action is intended to address the identified unsafe 
condition.

DATES: Effective December 27, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 27, 2006.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A330-200, 
A330-300, A340-200, and A340-300 series airplanes was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on August 8, 2006 (71 FR 44937). That action proposed to 
require repetitive inspections for discrepancies of the grease and gear 
teeth of the radial variable differential transducer of the nose wheel 
steering gearbox; or repetitive inspections for damage of the chrome on 
the bearing surface of the nose landing gear (NLG) main fitting barrel; 
as applicable. And, for airplanes with any discrepancy or damage, that 
action proposed to require an additional inspection or corrective 
actions. That action also proposed to add a terminating action and 
remove certain airplanes from the applicability.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
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 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 Docket Management System (DMS), keyed to the action that 
incorporates them. MARPA notes that the stated purpose of the 
incorporation-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.

[[Page 67442]]

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 supplemental 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.

Explanation of Changes to the Supplemental NPRM

    Paragraph (e)(2) of the supplemental NPRM specifies making repairs 
using a method approved by either the FAA or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated 
agent). The European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, has assumed 
responsibility for the airplane models subject to this AD. Therefore, 
we have revised paragraph (e)(2) of this AD to specify making repairs 
using a method approved by the FAA, the DGAC (or its delegated agent), 
or the EASA (or its delegated agent).
    Model designations have been added to Table 2 of paragraph (g)(2) 
of the supplemental NPRM for clarification.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and we have determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. This change will neither increase the economic burden on any 
operator nor increase the scope of the AD.

Cost Impact

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Number of U.S.-
             Action                Work hours     Average labor         Parts        Cost per airplane    registered               Fleet cost
                                                  rate per hour                                            airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Radial variable differential                  6             $80  None..............  $480.............              11  $5,280.
 transducer inspection, per
 inspection cycle.
Chrome inspection, per                       13              80  None..............  $1,040...........              15  $15,600.
 inspection cycle.
Modification (Service Bulletin               15              80  $10,244 to $11,337  $11,444 to                     12  $137,328 to $150,444.
 A330-32-3164 or A340-32-4204).                                                       $12,537.
Rotating sleeve grease system                15              80  Unknown...........  From $1,200......              23  From $27,600.
 modification (Service Bulletin
 A330-32-3192 or A340-32-4227).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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 Impact

    The regulations adopted herein 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

[[Page 67443]]

levels of government. Therefore, it is determined that this final rule 
does not have federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2006-24-03 Airbus: Amendment 39-14832. Docket 2001-NM-381-AD.

    Applicability: The following airplanes, certificated in any 
category, except those modified in production by both Airbus 
Modifications 51381 and 53073:

Model A330-201, -202, -203, -223, and -243 airplanes
Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes
Model A340-211, -212, and -213 airplanes
Model A340-311, -312, and -313 airplanes

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent incorrect operation or jamming of the nose wheel 
steering (NWS), which could cause reduced controllability of the 
airplane on the ground, accomplish the following:

Inspections: Airplanes Without Modification 51381

    (a) For airplanes that were not modified in production by Airbus 
Modification 51381: Do the inspection specified in either paragraph 
(a)(1) or (a)(2) of this AD, in accordance with the required service 
bulletin identified in Table 1 of this AD, as applicable. The 
required compliance time is specified in paragraph (b) of this AD.
    (1) Inspect for discrepancies of the grease by sending it to a 
laboratory for analysis, and do a detailed inspection for 
discrepancies of the gear teeth of the radial variable differential 
transducer (RVDT) driving ring and the gears in the RVDT gearboxes. 
If there are no discrepancies (such as metallic particles in the 
grease, abnormal wear of the gear teeth, or missing rubber sealant 
at the mating face between the main fitting and the RVDT gearbox), 
repeat the inspection as specified in paragraph (c) of this AD. If 
there is any discrepancy, do the inspection in paragraph (a)(2) of 
this AD within 3 months after the inspection specified in paragraph 
(a)(1) of this AD.
    (2) Do a detailed inspection for damage of the chrome on the 
bearing surface of the nose landing gear (NLG) main fitting barrel 
under the NWS rotating sleeve. If there is no damage (such as 
flaking, corrosion, or blistering), repeat the inspection as 
specified in paragraph (c) of this AD. If there is any damage, 
before further flight, do the corrective action in paragraph (e) of 
this AD.

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


                                     Table 1.--Inspection Service Bulletins
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                                                                                         Approved revision level
                                           Airbus  Service                                  (for actions done
           Airplane models                     Bulletin         Required revision level    before the effective
                                                                                             date of the AD)
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A330-200 and -300 series airplanes...  A330-32-3134...........  Revision 04, including   Original, dated
                                                                 Appendix 01, dated       September 11, 2001.
                                                                 April 3, 2006.          Revision 01, dated
                                                                                          November 29, 2001.
                                                                                         Revision 02, dated
                                                                                          August 8, 2003.
                                                                                         Revision 03, dated May
                                                                                          11, 2005.
A340-200 and -300 series airplanes...  A340-32-4172...........  Revision 04, including   Original, dated
                                                                 Appendix 01, dated       September 11, 2001.
                                                                 April 3, 2006.          Revision 01, dated
                                                                                          November 29, 2001.
                                                                                         Revision 02, dated
                                                                                          August 8, 2003.
                                                                                         Revision 03, dated May
                                                                                          11, 2005.
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    (b) For airplanes identified in paragraph (a) of this AD: Do the 
initial inspection specified in paragraph (a) of this AD at the 
latest of the following times:
    (1) Within 60 months after the date that the new NLG was 
installed on the airplane.
    (2) Within 60 months after the last major NLG overhaul 
accomplished before the effective date of this AD.
    (3) Within 700 flight hours after the effective date of this AD.
    (c) For airplanes identified in paragraph (a) of this AD: Repeat 
either inspection specified in paragraph (a)(1) or (a)(2) of this AD 
at intervals not to exceed the applicable interval specified in 
paragraph (c)(1) or (c)(2) of this AD, until the requirements of 
paragraph (g) of this AD are done.
    (1) If the most recent inspection was the inspection specified 
in paragraph (a)(1) of this AD, then the next inspection must be 
done within 8 months.
    (2) If the most recent inspection was the inspection specified 
in paragraph (a)(2) of this AD, then the next inspection must be 
done within 18 months.

Repetitive Inspections: Airplanes With Modification 51381

    (d) For airplanes modified in production by Airbus Modification 
51381: Perform a detailed inspection for damage of the chrome on the 
bearing surface of the NLG main fitting barrel under the NWS 
rotating sleeve. Do the inspection at the later of the times 
specified in paragraphs (d)(1) and (d)(2) of this AD in accordance 
with the applicable required Airbus service bulletin identified in 
Table 1 of this AD. Repeat the inspection thereafter at intervals 
not to exceed 18 months, until the requirements of paragraph (g) of 
this AD have been done.
    (1) Within 60 months after the date that the new NLG was 
installed on the airplane.
    (2) Within 60 months after the last major NLG overhaul 
accomplished before the effective date of this AD.

Follow-on Investigative and Corrective Actions

    (e) For all airplanes: If any damage or discrepancy is found 
during any inspection required by this AD, do the corrective action 
before further flight in accordance with the

[[Page 67444]]

applicable required Airbus service bulletin identified in Table 1 of 
this AD, with the following exceptions:
    (1) If discrepancies are found during any inspection specified 
in paragraph (a)(1) of this AD, the inspection in paragraph (a)(2) 
of this AD is required within 3 months.
    (2) Where the service bulletin recommends contacting Messier-
Dowty for appropriate action. Repair before further flight in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; the Direction 
Gonorale de l'Aviation Civile (or its delegated agent); or the 
European Aviation Safety Agency (or its delegated agent).

    Note 2: Airbus Service Bulletins A330-32-3134 and A340-32-4172, 
both Revision 04, both dated April 3, 2006, refer to Messier-Dowty 
Special Inspection Service Bulletins D23285-32-037, Revision 2, 
dated May 23, 2002; and D23285-32-044, dated January 12, 2004; as 
additional sources of service information for the inspections.

Credit for Prior Accomplishment

    (f) Actions done before the effective date of this AD in 
accordance with an applicable Approved Revision Level of the service 
bulletin identified in Table 1 of this AD are acceptable for 
compliance with the corresponding requirements of paragraphs (a), 
(d), and (e) of this AD.

Modification

    (g) For all airplanes: At the applicable time specified in 
paragraph (g)(1) or (g)(2) of this AD, modify the NLG as specified 
in Table 2 of this AD, as applicable.
    (1) For NLGs overhauled before the effective date of this AD: At 
the later of the times specified in paragraphs (g)(1)(i) and 
(g)(1)(ii) of this AD:
    (i) Within 60 months since the NLG was overhauled or 180 months 
since the NLG was new, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.
    (2) For NLGs not overhauled before the effective date of this 
AD: Within 120 months since the NLG was new, or within 6 months 
after the effective date of this AD, whichever occurs later.

                         Table 2.--Modification
------------------------------------------------------------------------
                                           Modify the NLG in accordance
            For airplanes--                           with--
------------------------------------------------------------------------
For Model A330 airplanes without Airbus  Airbus Service Bulletin A330-32-
 Modifications 51381 and 53073 done in    3164, dated June 27, 2003, or
 production.                              Revision 01, dated March 21,
                                          2006; and A330-32-3192, dated
                                          December 8, 2005.
For Model A340 airplanes without Airbus  Airbus Service Bulletins A340-
 Modifications 51381 and 53073 done in    32-4204, dated June 27, 2003,
 production.                              or Revision 01, dated March
                                          21, 2006; and A340-32-4227,
                                          dated December 8, 2005.
For Model A330 airplanes with Airbus     Airbus Service Bulletin A330-32-
 Modification 51381 but not Airbus        3192, dated December 8, 2005.
 Modification 53073 done in production.
For Model A340 airplanes with Airbus     Airbus Service Bulletin A340-32-
 Modification 51381 but not Airbus        4227, dated December 8, 2005.
 Modification 53073 done in production.
For Model A330 airplanes with Airbus     Airbus Service Bulletin A330-32-
 Modification 53073 but not Airbus        3164, dated June 27, 2003, or
 Modification 51381 done in production.   Revision 01, dated March 21,
                                          2006.
For Model A340 airplanes with Airbus     Airbus Service Bulletin A340-32-
 Modification 53073 but not Airbus        4204, dated June 27, 2003, or
 Modification 51381 done in production.   Revision 01, dated March 21,
                                          2006.
------------------------------------------------------------------------

Terminating Action

    (h) Accomplishment of both NLG modifications specified in 
paragraph (g) of this AD terminates the repetitive inspection 
requirements of this AD.

    Note 3: Airbus Service Bulletins A330-32-3164 and A340-32-4204 
refer to Messier-Dowty Service Bulletin D23285-32-042, dated June 
19, 2003, as an additional source of service information for the 
modification.


    Note 4: Airbus Service Bulletins A330-32-3192 and A340-32-4227 
refer to Messier-Dowty Service Bulletin D23581-32-047, dated 
December 1, 2005, as an additional source of service information for 
the modification.

Reporting

    (i) Certain service bulletins specify to submit a report to the 
manufacturer. This AD does not require a report, unless the grease 
analysis required by paragraph (a)(1) of this AD is done at a lab 
chosen by the operator, which requires the results to be evaluated 
by Messier-Dowty.

Alternative Methods of Compliance

    (j)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, is authorized to approve alternative 
methods of compliance for this AD.
    (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.

    Note 5: The subject of this AD is addressed in French 
airworthiness directives F-2005-209 and F-2005-210, both dated 
December 21, 2005.

Incorporation by Reference

    (k) Unless otherwise specified in this AD, the actions must be 
done in accordance with the applicable service bulletins identified 
in Table 3 of this AD. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. To get copies of this service information, 
contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France. To inspect copies of this service information, go to the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or to 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
----------------------------------------------------------------------------------------------------------------
        Airbus Service Bulletin                    Revision level                            Date
----------------------------------------------------------------------------------------------------------------
A330-32-3134, including Appendix 01...  Revision 04........................  April 3, 2006.
A330-32-3164..........................  Original...........................  June 27, 2003.
A330-32-3164..........................  Revision 01........................  March 21, 2006.
A330-32-3192..........................  Original...........................  December 8, 2005.
A340-32-4172, including Appendix 01...  Revision 04........................  April 3, 2006.
A340-32-4204..........................  Original...........................  June 27, 2003.
A340-32-4204..........................  Revision 01........................  March 21, 2006.
A340-32-4227..........................  Original...........................  December 8, 2005.
----------------------------------------------------------------------------------------------------------------


[[Page 67445]]

Effective Date

    (l) This amendment becomes effective on December 27, 2006.

    Issued in Renton, Washington, on November 8, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19535 Filed 11-21-06; 8:45 am]
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