[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3925-3928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1198]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26047; Directorate Identifier 2006-NM-146-AD; 
Amendment 39-14906; AD 2007-02-19]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-605R Airplanes and 
Model A310-308, -324, and -325 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 B4-605R airplanes and Model A310-308, -324, 
and -325 airplanes. This AD requires modifying the Bruce floor plan 
electrical emergency path marking system (FPEEPMS) and, for certain 
airplanes, modifying the automatic switching of the emergency lighting 
system. This AD results from a report that in the case of vertical 
separation of the fuselage forward of door 1, the FPEEPMS and the exit 
signs do not turn on. We are issuing this AD to prevent inadequate 
lighting and marking of the escape path, which could delay or impede 
the flightcrew and passengers when exiting the airplane during an 
emergency landing.

DATES: This AD becomes effective March 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 5, 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 certain Airbus Model 
A300 B4-605R airplanes and Model A310-308, -324, and -325 airplanes. 
That NPRM was published in the Federal Register on October 12, 2006 (71 
FR 60089). That NPRM proposed to require modifying the Bruce floor plan 
electrical emergency path marking system (FPEEPMS) and, for certain 
airplanes, modifying the automatic switching of the emergency lighting 
system.

Comments

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

[[Page 3926]]

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. 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 section 21.303 (``Replacement and modification parts'') of 
the Federal Aviation Regulations (14 CFR 21.303). 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 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 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.
    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.

Request To Add FAA Intent To Incorporate Certain Service Bulletins by 
Reference in the NPRM

    MARPA requests that, during the NPRM stage of AD rulemaking, the 
FAA state its intent to incorporate by reference (IBR) any relevant 
service information. MARPA states that without such a statement in the 
NPRM, it is unclear whether the relevant service information will be 
incorporated by reference in the final rule.
    The FAA does not concur with the commenter's request. When we 
reference certain service information in a proposed AD, the public can 
assume we intend to IBR that service information, as required by the 
Office of the Federal Register. No change to this final rule is 
necessary in regard to the commenter's request.

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 as proposed.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                                      Number of
                                                          Average                                                       U.S.-
            Action                    Work hours         labor rate           Parts             Cost per airplane     registered        Fleet cost
                                                          per hour                                                    airplanes
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Modification of FPEEPMS.......  Between 44 and 47.....          $80  Between $2,570 and      Between $6,090 and                1  Between $6,090 and
                                                                      $2,690.                 $6,450.                              $6,450.
Modification of automatic       14....................           80  Between $534 and $727.  Between $1,654 and                1  Between $1,654 and
 switching.                                                                                   $1,847.                              $1,847.
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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.

[[Page 3927]]

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):

2007-02-19 Airbus: Amendment 39-14906. Docket No. FAA-2006-26047; 
Directorate Identifier 2006-NM-146-AD.

Effective Date

    (a) This AD becomes effective March 5, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-605R airplanes and 
Model A310-308, -324, and -325 airplanes, certificated in any 
category; on which Airbus Modification 06810 or 06934 (Bruce floor 
proximity emergency escape path marking system (FPEEPMS)) has been 
installed in production; or on which Airbus Service Bulletin A300-
33-6047 or A310-33-2045, both dated March 5, 2004, has been done.

Unsafe Condition

    (d) This AD results from a report that in the case of vertical 
separation of the fuselage forward of door 1, the FPEEPMS and the 
exit signs do not turn on. We are issuing this AD to prevent 
inadequate lighting and marking of the escape path, which could 
delay or impede the flightcrew and passengers when exiting the 
airplane during an emergency landing.

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.

Modification

    (f) Within 16 months after the effective date of this AD, modify 
the Bruce FPEEPMS in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A300-33-6047, Revision 01, dated January 
20, 2006 (for Model A300 B4-605R airplanes); or Airbus Service 
Bulletin A310-33-2045, Revision 01, dated January 20, 2006 (for 
Model A310-308, -324, and -325 airplanes); as applicable.
    (g) For Model A310-308, -324, and -325 airplanes: Prior to or 
concurrently with the modification required in paragraph (f) of this 
AD, modify the automatic switching of the emergency lighting system 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-33-2025, Revision 01, dated April 17, 2001.

Modifications Accomplished According to Previous Issue of Service 
Bulletin

    (h) Modifications accomplished before the effective date of this 
AD in accordance with Airbus Service Bulletin A310-33-2025, dated 
March 1, 1993, are considered acceptable for compliance with the 
corresponding action specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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

    (j) EASA airworthiness directive 2006-0077, dated April 3, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use the applicable service bulletin identified in 
Table 1 of this AD 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.

              Table 1.--Material Incorporated by Reference
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                                   Revision
    Airbus Service Bulletin         level                Date
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A300-33-6047...................           01  January 20, 2006.
A310-33-2025...................           01  April 17, 2001.
A310-33-2045...................           01  January 20, 2006.
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[[Page 3928]]

    Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1198 Filed 1-26-07; 8:45 am]
BILLING CODE 4910-13-P