[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3708-3710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1080]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25966; Directorate Identifier 2006-NM-149-AD; 
Amendment 39-14909; AD 2007-02-22]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 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 A310 airplanes. This AD requires doing repetitive 
inspections for any missing, damaged, or incorrectly installed wiper 
rings in the splined couplings of the flap transmission shafts; 
inspections for any missing, damaged, or incorrectly installed rubber 
gaiters and straps on the sliding bearing/plunging joints of the flap 
transmission; and corrective action if necessary. This AD results from 
reviews in which the manufacturer determined that the splined couplings 
and sliding bearings of the flap transmission system could be affected 
by corrosion and wear. We are issuing this AD to detect and correct 
damaged, missing, or incorrectly installed components of the flap 
transmission system, which could result in reduced functional integrity 
of the flap transmission system and consequent reduced control of the 
airplane.

DATES: This AD becomes effective March 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 2, 
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: 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 A310 
airplanes. That NPRM was published in the Federal Register on October 
3, 2006 (71 FR 58320). That NPRM proposed to require doing repetitive 
inspections for any missing, damaged, or incorrectly installed wiper 
rings in the splined couplings of the flap transmissions shafts; 
inspections for any missing, damaged, or incorrectly installed rubber 
gaiters and straps on the sliding bearing/plunging joints of the flap 
transmission; and corrective action if necessary.

Comments

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

Request To Revise Inspection Type

    Airbus requests that the type of inspection specified in paragraph 
(f) of the NPRM be revised from general visual inspection to detailed 
inspection. The commenter states that calling the inspection a detailed 
inspection would be more relevant because cleaning of the work area is 
specified in the service bulletin referenced in paragraph (f) of the 
NPRM.
    We agree with the commenter. We have revised this final rule to 
clarify that our intent is to require a detailed inspection. 
Additionally, we have added a note to the final rule to define that 
inspection.

Request To Incorporate Service Information

    The Modification and Replacement of Parts Association (MARPA) 
states that typically airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA also states that manufacturer's service documents are 
privately authored instruments generally enjoying copyright protection 
against duplication and distribution. MARPA contends that when a 
service document is incorporated by reference pursuant to 5 U.S.C. 
552(a) and 1 CFR part 51 into a public document such as an 
airworthiness directive, it loses its private, protected status and 
becomes itself a public document. MARPA explains 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. MARPA states that public laws by definition must be public 
which means they cannot rely for compliance upon private writings. 
MARPA is concerned that failure to incorporate essential service 
information could result in a court decision invalidating the 
airworthiness directive.
    MARPA also states that incorporation 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 explains that the stated purpose of the incorporation by 
reference method of the Federal Register is brevity; to keep from 
expanding the Federal Register needlessly by publishing documents 
already in the hands of the affected individuals. MARPA notes that 
traditionally, ``affected individuals'' has meant aircraft owners and 
operators who are generally provided service information by the 
manufacturer. However, MARPA states 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 states 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 section 21.303 (``Replacement

[[Page 3709]]

and modification parts'') of the Federal Aviation Regulations (14 CFR 
21.303). Further, MARPA states that the concept of brevity is now 
nearly archaic as documents exist more frequently in electronic format 
than on paper.
    We understand MARPA's comment concerning incorporation by 
reference. 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, 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 the commenter'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 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.

                                                                     Estimated Costs
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                                                                               Number of
                                                      Average      Cost per      U.S.-
                Action                  Work hours   labor rate    airplane    registered                            Fleet cost
                                                      per hour                 airplanes
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Inspection, per inspection cycle......          3          $80         $240           63   $15,120, per inspection cycle.
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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 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):

2007-02-22 Airbus: Amendment 39-14909. FAA-2006-25966; Directorate 
Identifier 2006-NM-149-AD.

Effective Date

    (a) This AD becomes effective March 2, 2007.

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 reviews in which the manufacturer 
determined that the splined couplings and sliding bearings of the 
flap transmission system could be affected by corrosion and wear. We 
are issuing this AD to detect and correct damaged, missing, or 
incorrectly installed components of the flap transmission system, 
which could result in reduced functional integrity of the flap 
transmission system and consequent reduced control 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.

Initial and Repetitive Inspections

    (f) Within 2,500 flight cycles after the effective date of this 
AD: Do a detailed inspection for any missing, damaged, or 
incorrectly installed wiper rings in the splined couplings of the 
flap transmission shafts; and a detailed inspection for any missing, 
damaged, or incorrectly installed rubber gaiters and straps on the 
sliding bearing/plunging joints of the flap transmission; in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-27-2099, dated February 17, 2006. Repeat the 
inspections

[[Page 3710]]

thereafter at intervals not to exceed 2,500 flight cycles.

    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.''

Corrective Actions

    (g) If any damaged, missing or incorrectly installed wiper 
rings, rubber gaiters, or straps are found during any inspection 
required by paragraph (f) of this AD: Within 400 flight cycles after 
accomplishing the inspection, replace the applicable component with 
a serviceable component in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A310-27-2099, dated February 
17, 2006.

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) The European Aviation Safety Agency's airworthiness 
directive 2006-0111, dated May 12, 2006, also addresses the subject 
of this AD.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A310-27-2099, dated 
February 17, 2006, 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 this document 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 January 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1080 Filed 1-25-07; 8:45 am]
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