[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Pages 70862-70865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20617]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25634; Directorate Identifier 2006-NM-143-AD; 
Amendment 39-14844; AD 2006-25-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as failure of 
pitch trim system 2 to deflect the trimmable horizontal stabilizer at 
maximum rate, which could result in loss of high-speed trim and 
consequent reduced controllability of the airplane. We are issuing this 
AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective January 11, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 11, 
2007.

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.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3371; telephone (425) 
227-1622; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to allow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.
    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 18, 2006 (71 
FR 47752). That NPRM proposed to require a periodic test to ensure the 
availability of the pitch trim system 2 and its possibility to deflect 
the trimmable horizontal stabilizer (THS) at high speed of trim. The 
MCAI states that the refined study of an in-service event has evidenced 
the need to perform a periodic test of pitch trim system 2. In the 
conditions of overriding the automatic pitch torque limiter, the clutch 
of the pitch trim servo-motor 1 is opened so that electric pitch trim 
system 1 will disconnect. The question is pending about the 
availability of the system 2 and its capability to take over the pitch 
trim function, particularly during a go-around. Failure of pitch trim 
system 2 to deflect the THS at maximum rate could result in loss of 
high-speed trim and consequent reduced controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received from one commenter.

[[Page 70863]]

Request To Publish Service Information/Incorporate by Reference in NPRM

    The Modification and Replacement Parts Association (MARPA) states 
that airworthiness directives (ADs) are based on service information 
that originates from the type certificate holder or its suppliers. 
MARPA adds that manufacturer's service documents are privately authored 
instruments, generally having copyright protection against duplication 
and distribution. MARPA states that when a service document is 
incorporated by reference into a public document, such as an AD, 
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, 
protected status and becomes a public document. MARPA notes that if a 
service document is used as a mandatory element of compliance it should 
not simply be referenced, but should be incorporated by reference. 
MARPA believes that public laws, by definition, should be public, which 
means they cannot rely upon private writings for compliance. MARPA adds 
that the legal interpretation of a document is a question of law, not 
of fact; therefore, unless the service document is incorporated by 
reference it cannot be considered. MARPA is concerned that failure to 
incorporate essential service information could result in a court 
decision invalidating the AD.
    MARPA also states that service documents incorporated by reference 
should be made available to the public by publication in the Docket 
Management System (DMS), keyed to the action that incorporates those 
documents. 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. MARPA adds that, 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/or 
servicing alternatively certified parts under part 21 of the Federal 
Aviation Regulations (14 CFR part 21), section 21.303 (``parts 
manufacturer approval'' (PMA)). MARPA notes that distribution to owners 
when the owner is a financing or leasing institution, may not actually 
reach the people responsible for accomplishing the AD. 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 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 
document 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, as noted by the 
commenter, 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.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. 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. No change to 
the AD is necessary in response to these comments.

Request To Change Applicability

    The Air Transport Association (ATA), on behalf of one of its 
members, American Airlines, asks that the applicability in the NPRM be 
changed. American Airlines states that it does not believe the NPRM is 
applicable to Model A300-B4-605R airplanes, but could not conclude that 
directly from the NPRM. The ATA states that, in the actions and 
compliance section of the NPRM, the FAA references the instructions of 
Airbus Service Bulletin A300-22-0121, dated July 11, 2005, which 
confirms it is valid for Model A300 airplanes, except for the forward 
facing crew cockpit (FFCC) versions and Model A300-600 series 
airplanes. The ATA adds that the applicability section in the NPRM 
should be changed to correctly call out only the airplanes that are 
covered by the service bulletin.
    We find that clarification of the applicability section in the AD 
is necessary. The applicability section in this AD duplicates that of 
the referenced French airworthiness directive, which applies only to 
Model A300 airplanes, except for Model A300 B4-203 and A300 B2-203 in 
the FFCC configuration. Model A300-600 series airplanes are not subject 
to the requirements of that airworthiness directive. To ensure clear 
and enforceable language in the applicability of this AD, we have 
revised the applicability section to specify the affected models as 
listed on the type certificate data sheet.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have determined that the estimated 
cost did not include the cost for the 3 work hours necessary to 
accomplish the repair and follow-on test; however, the number of work 
hours was specified. The cost impact information, below, has been 
revised to indicate the higher amount.

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 change described previously. 
This change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable in a U.S. court of 
law. In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI and related service 
information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 29 products of U.S. registry. 
We also estimate that it will take about 1 work hour per product to do 
the periodic test and 3 work hours to do the repair and follow-on test, 
and that the average labor rate is $80 per work hour. Required parts 
will cost $0 per product. Based on these figures, we estimate the cost 
of the AD to the U.S. operators to be $9,280, or $320 per product.

[[Page 70864]]

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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2006-25-03 Airbus: Amendment 39-14844. Docket No. FAA-2006-25634; 
Directorate Identifier 2006-NM-143-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
11, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, 
B2-203, B4-2C, B4-103, and B4-203 airplanes; all serial numbers; 
certificated in any category; except for Model A300 B4-203 and A300 
B2-203 airplanes in a forward facing crew cockpit certified 
configuration.

Reason

    (d) The refined study of an in-service event has evidenced the 
need to perform a periodic test of pitch trim system 2. In the 
conditions of overriding the automatic pitch torque limiter, the 
clutch of the pitch trim servo-motor 1 is opened so that electric 
pitch trim system 1 will disconnect. The question is pending about 
the availability of the system 2 and its capability to take over the 
pitch trim function, particularly during a go-around. Failure of 
pitch trim system 2 to deflect the trimmable horizontal stabilizer 
(THS) at maximum rate could result in loss of high-speed trim and 
consequent reduced controllability of the airplane. For such reason, 
this AD renders mandatory a periodic test to ensure the availability 
of the pitch trim system 2 and its possibility to deflect the THS at 
high speed of trim.

Actions and Compliance

    (e) Unless already done, do the following actions except as 
stated in paragraph (f) below:
    (1) Within 250 flight hours after the effective date of this AD: 
Perform an operational test of pitch trim system 2 in high speed of 
trim configuration and if system 2 does not function as specified in 
the instructions of Airbus Service Bulletin A300-22-0121, dated July 
11, 2005; before further flight, return the system to correct 
operating condition in accordance with the instructions of the 
service bulletin.
    (2) The operational test, followed, if necessary, by the 
corrective action described in the paragraph above, is to be 
repeated at intervals not exceeding 1,000 flight hours in accordance 
with the instructions of Airbus Service Bulletin A300-22-0121, dated 
July 11, 2005.

FAA AD Difference

    (f) When complying with this AD, do the following: Although the 
Accomplishment Instructions of the referenced service bulletin 
describe procedures for submitting certain information to the 
manufacturer, this AD does not include that requirement.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
ATTN: Tom Stafford, Aerospace Safety Engineer, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3371; telephone (425) 227-1622; fax 
(425) 227-1149; has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) Notification of Principal Inspector: 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.
    (3) Return to Airworthiness: When complying with this AD, 
perform FAA-approved corrective actions before returning the product 
to an airworthy condition.

Related Information

    (h) This AD is related to MCAI French airworthiness directive F-
2005-157, dated September 14, 2005, which references Airbus Service 
Bulletin A300-22-0121, dated July 11, 2005, for information on 
required actions.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A300-22-0121, excluding 
Appendix 01, dated July 11, 2005, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the Transport Airplane Directorate, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3371; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 70865]]


    Issued in Renton, Washington, on November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-20617 Filed 12-6-06; 8:45 am]
BILLING CODE 4910-13-P