[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Rules and Regulations]
[Pages 1928-1931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25670; Directorate Identifier 2006-NM-027-AD; 
Amendment 39-14868; AD 2006-26-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and B4 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 
certain Airbus Model A300 B2 and B4 series airplanes. This AD requires 
revising the airplane flight manual (AFM) to include procedures for 
resetting the trim and pitch trim levers after each landing, 
determining which servomotor moves the pitch trim control wheel, and 
doing applicable other specified actions. This AD also provides for 
optional terminating actions for those requirements. This AD results 
from a report of a sudden nose-up movement after disengagement of the 
autopilot in cruise. We are issuing this AD to ensure that the 
flightcrew is aware of the procedures for resetting the trim and pitch 
trim levers after each landing and to prevent failure of the 
servomotors of the pitch trim systems during flight. Failure of the 
servomotors of the pitch trim systems could result in uncommanded nose-
up movement of the control surface of the pitch trim systems after 
disengagement of the autopilot in cruise.

DATES: This AD becomes effective February 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 21, 
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.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Thomas Stafford, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
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 certain Airbus Model 
A300 B2 and B4 series airplanes. That NPRM was published in the Federal 
Register on August 23, 2006 (71 FR 49385). That NPRM proposed to 
require revising the airplane flight manual (AFM) to include procedures 
for resetting the trim and pitch trim levers after each landing, 
determining which servomotor moves the pitch trim control wheel, and 
doing applicable other specified actions. That NPRM also provided for 
optional terminating actions for those requirements.

Comments

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

Request To Include Procedures From the Temporary Revision

    ASTAR Air Cargo (ASTAR) requests that paragraph (f) of the NPRM be 
revised to include the AFM procedures specified in French airworthiness 
directive F-2003-291 R1, issued July 6, 2005. ASTAR notes that 
paragraph (f) of

[[Page 1929]]

the NPRM requires revising the AFM by ``including the information in 
Airbus A300 Temporary Revision (TR) 4.03.00/04, Issue 02, dated 
November 18, 2003.'' ASTAR states that TR 4.03.00/04 may not be 
considered active nor accessible from Airbus, and that the procedures 
are not included in its A300 United States AFM.
    We agree with ASTAR's request for the stated reasons. We have 
revised paragraphs (f) and (g) of this AD accordingly.

Request To Incorporate by Reference Service Information in the NPRM

    The Modification and Replacement Parts Association (MARPA) requests 
that all service information referenced in the NPRM be incorporated by 
reference during the NPRM phase of the rulemaking. MARPA states that, 
when a service document is incorporated by reference, it loses its 
private, protected status and becomes itself a public document. MARPA 
contends that public laws such as ADs must be made public because 
operators cannot comply with ADs referencing private writings. MARPA 
expresses concern that failing to incorporate by reference essential 
service information could result in a court decision invalidating the 
AD.
    We do not agree that service information should be incorporated by 
reference during the NPRM phase of rulemaking. The Office of the 
Federal Register (OFR) requires that service information that is 
necessary to do the requirements of the AD be incorporated by reference 
during the final rule phase of rulemaking. This final rule incorporates 
by reference the service information necessary for doing the 
requirements of this AD. Further, we point out that while service 
information that is incorporated by reference does become public 
information, it does not lose its copyright protection. For that 
reason, we advise the public to contact the manufacturer to obtain 
copies of the referenced service information.

Request To Post Service Information on the Docket Management System 
(DMS)

    MARPA also requests that incorporated by reference service 
information be posted on the DMS. MARPA states that the OFR's stated 
purpose of incorporating by reference service information in the 
Federal Register is brevity; to keep from expanding the Federal 
Register needlessly by publishing service information already in the 
hands of the affected individuals. MARPA also states that affected 
individuals has traditionally meant aircraft owners and operators who 
are generally provided service information by the manufacturer. MARPA 
points out that a new class of affected individuals has emerged, since 
the majority of aircraft maintenance is now done by specialty shops 
instead of repair organizations, component servicing and repairs shops, 
etc. MARPA further points out that distributing service information 
only to aircraft owners who are possibly a financing or leasing 
company, may not actually reach the person responsible for doing the 
AD.
    In regard to MARPA's request that service information be made 
available to the public by publication in the Federal Register, we 
agree that incorporation by reference was authorized to reduce the 
volume of material published in the Federal Register and the Code of 
Federal Regulations. However, as specified in the Federal Register 
Document Drafting Handbook, the Director of the OFR decides when an 
agency may incorporate material by reference. As MARPA is aware, the 
OFR files service information for public inspection on the workday 
before the date of publication of the AD at its office in Washington, 
DC. As stated in the Federal Register Document Drafting Handbook, when 
service information is filed for public inspection, anyone may inspect 
or copy file service information during the OFR's hours of business. 
Further questions regarding publication of service information in the 
Federal Register or incorporation by reference should be directed to 
the OFR.
    In regard to MARPA's request to post service information on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service information 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 final rule is necessary in response to this comment.

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 changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD. The average labor rate per hour is $80.

                                                                     Estimated Costs
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                                                                                                               Number of U.S.-
                Action                    Work hours               Parts                Cost per airplane         registered           Fleet cost
                                                                                                                  airplanes
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AFM revision..........................               1  None......................  $80......................               23  $1,840
Determination if pitch trim control                  1  None......................  80.......................               23  1,840.
 wheel moves.
Optional replacement..................               3  $264......................  504......................               23  11,592.
Optional repetitive preventative                     3  None......................  240, per task cycle......               23  5,520, per task cycle.
 maintenance tasks.
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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

[[Page 1930]]

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):

2006-26-10 Airbus: Amendment 39-14868. Docket No. FAA-2006-25670; 
Directorate Identifier 2006-NM-027-AD.

Effective Date

    (a) This AD becomes effective February 21, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 airplanes; 
certificated in any category; except the following airplanes:
    (1) Model A300 B4-220, A300 B4-203, and A300 B2-203 airplanes in 
a forward facing crew cockpit certified configuration;
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes;
    (3) Model A300 B4-605R and B4-622R airplanes;
    (4) Model A300 F4-605R and F4-622R airplanes; and
    (5) Airbus Model A300 C4-605R Variant F airplanes.

Unsafe Condition

    (d) This AD results from a report of a sudden nose-up movement 
after disengagement of the autopilot in cruise. We are issuing this 
AD to ensure that the flightcrew is aware of the procedures for 
resetting the trim and pitch trim levers after each landing and to 
prevent failure of the servomotors of the pitch trim systems during 
flight. Failure of the servomotors of the pitch trim systems could 
result in uncommanded nose-up movement of the control surface of the 
pitch trim systems after disengagement of the autopilot in cruise.

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 14 days after the effective date of this AD, do the 
action specified in paragraph (f)(1) or (f)(2) of this AD.
    (1) Revise the Normal Procedures section of the Airbus A300 
Flight Manual to include the information in Airbus A300 Temporary 
Revision (TR) 4.03.00/04, Issue 02, dated November 18, 2003, as 
specified in the TR.

    Note 1: This may be done by inserting a copy of TR 4.03.00/04, 
Issue 02, in the AFM. When the TR or the statement specified in 
paragraph (f)(2) of this AD has been included in the general 
revisions of the AFM, the general revisions may be inserted in the 
AFM, provided the relevant information in the general revision is 
identical to that in the TR or paragraph (f)(2) of this AD.

    (2) Revise the Normal Procedures section of the Airbus A300 
Flight Manual to include the following operational procedure. This 
may be done by inserting a copy of this AD in the AFM.

``APPROACH AND LANDING''

PITCH TRIM

--Set TRIM to 1[deg] UP
--Set both PITCH TRIM levers to OFF

    Note: Check pitch trim wheel and report any movement to 
maintenance.''

Determination if Pitch Trim Control Wheel Moves

    (g) Following accomplishment of the AFM revision required by 
paragraph (f) of this AD: After each landing and before shutting 
down the engines, do the AFM procedures specified in Airbus A300 TR 
4.03.00/04, Issue 02, dated November 18, 2003, or paragraph (f)(2) 
of this AD.

Determination if Servomotor Moves

    (h) Before further flight after any movement reported in 
accordance with paragraph (g) of this AD, determine which servomotor 
moves the pitch trim control wheel, and do applicable other 
specified actions in accordance with Airbus A300 TR 22-001, dated 
April 11, 2003, to Chapter 22-23-00 of the Airbus A300 Fault 
Isolation Manual.

    Note 2: Airbus A300 TR 22-001 contains a typographical error. 
The TR incorrectly refers to ``MM 22-23-39'' as the appropriate 
source of service information for replacing the pitch trim actuator; 
the correct reference is ``MM 22-23-29.''

Optional Replacement of the Pitch Trim Servomotors

    (i) Replace the pitch trim servomotors in the attachment area of 
the horizontal and vertical stabilizers with new servomotors, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A300-22-0119, dated May 13, 2005.

    Note 3: Airbus Service Bulletin A300-22-0119, dated May 13, 
2005, refers to Thales Service Bulletin V1AM-22-005, Revision 01, 
dated July 27, 2005, as an additional source of service information 
for doing the replacement.

Repetitive Preventative Maintenance Tasks

    (j) Within 12,000 flight hours after replacing one or both 
servomotors in accordance with paragraph (h) or (i) of this AD, or 
within 6 months after the effective date of this AD, whichever 
occurs later, do the preventative maintenance task of the pitch trim 
servomotor(s), in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-22-0120, excluding Appendix 01, dated 
May 13, 2005. Repeat the preventative maintenance task thereafter at 
intervals not to exceed 12,000 flight hours.

    Note 4: Airbus Service Bulletin A300-22-0120, dated May 13, 
2005, refers to Thales Service Bulletin V1AM-22-006, Revision 01, 
dated July 26, 2005, as an additional source of service information 
for doing the preventative maintenance task.

Removal of AFM Revision

    (k) After accomplishing the actions specified in paragraph (i) 
and the initial task in paragraph (j) of this AD, the AFM revision 
required by paragraph (f) of this AD may be removed, and the 
requirements of paragraphs (g) and (h) of this AD are no longer 
required.

No Reporting

    (l) Although Airbus Service Bulletin A300-22-0120, dated May 13, 
2005, specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (m)(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

[[Page 1931]]

which the AMOC applies, notify the appropriate principal inspector 
in the FAA Flight Standards Certificate Holding District Office.

Related Information

    (n) French airworthiness directives F-2003-291 R1, dated July 6, 
2005, and F-2005-109, dated July 6, 2005, also address the subject 
of this AD.

Material Incorporated by Reference

    (o) You must use the service information in Table 1 of this AD 
to do the actions that are required by this AD, unless the AD 
specifies otherwise. If the optional replacement is done, you must 
use the service information in Table 2 of this AD to do the 
replacement. 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.

                        Table 1.--Material Incorporated by Reference for Required Actions
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          Service information                   Revision/issue level                         Date
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(1) Airbus A300 Temporary Revision 22-  Original...........................  April 11, 2003.
 001 to Chapter 22-23-00 of the Airbus
 A300 Fault Isolation Manual.
(2) Airbus A300 Temporary Revision      Issue 02...........................  November 18, 2003.
 4.03.00/04 to Airbus 300 Flight
 Manual.
(3) Airbus Service Bulletin A300-22-    Original...........................  May 13, 2005.
 0120, excluding Appendix 01.
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                        Table 2.--Material Incorporated by Reference for Optional Actions
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          Service information                      Revision level                            Date
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Airbus Service Bulletin A300-22-0119..  Original...........................  May 13, 2005.
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    Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-399 Filed 1-16-07; 8:45 am]
BILLING CODE 4910-13-P