[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6923-6925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2412]



[[Page 6923]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26045; Directorate Identifier 2006-NM-145-AD; 
Amendment 39-14936; AD 2007-04-05]
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: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Airbus Model A300 B2 and B4 series 
airplanes. That AD currently requires modifying the wiring of the 
autopilot pitch torque limiter switch. This new AD adds repetitive 
operational tests of the autopilot disconnection upon pitch override, 
and related investigative/corrective actions if necessary. This AD 
results from the determination that such operational tests are 
necessary following the modification. We are issuing this AD to prevent 
possible trim loss when the flightcrew tries to override the autopilot 
pitch control, which could result in uncontrolled flight of the 
airplane.

DATES: This AD becomes effective March 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 21, 
2007.
    On August 1, 2005 (70 FR 36833, June 27, 2005), the Director of the 
Federal Register approved the incorporation by reference of Airbus 
Service Bulletin A300-22-0117, dated September 7, 2004.

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, 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 supersedes AD 2005-13-33, amendment 
39-14170 (70 FR 36833, June 27, 2005). The existing AD applies to 
certain Airbus Model A300 B2 and B4 series airplanes. That NPRM was 
published in the Federal Register on October 12, 2006 (71 FR 60087). 
That NPRM proposed to continue to require modifying the wiring of the 
autopilot pitch torque limiter switch. That NPRM also proposed to 
require repetitive operational tests of the autopilot disconnection 
upon pitch override, and related investigative/corrective actions if 
necessary.

Comments

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

Request To Publish/Incorporate by Reference in the NPRM

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs 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 AD, 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 (IBR) 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). 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 prior 
to the release of the final rule.
    We acknowledge MARPA's comment concerning IBR. 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.

Request To State FAA Intent To Incorporate Certain Service Bulletin(s) 
by Reference in the NPRM

    MARPA requests that, during the NPRM stage of AD rulemaking, the 
FAA state its intent to IBR any relevant

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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 this request.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 29 airplanes of U.S. registry. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD.

                                                                     Estimated Costs
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                                                          Average
              Action                    Work hours       labor rate         Parts                Cost per airplane                  Fleet cost
                                                          per hour
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Modification (Required by AD 2005- Between 8 and 11...          $80  Between $1,700 and   Between $2,340 and $5,160.....  Between $67,860 and $149,640.
 13-33).                                                              $4,280.
Operational test (New              4..................           80  $0.................  $320, per test cycle..........  $9,280, per test cycle.
 Requirement).
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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 
removing amendment 39-14170 (70 FR 36833, June 27, 2005) and by adding 
the following new airworthiness directive (AD):

     2007-04-05 Airbus: Amendment 39-14936. Docket No. FAA-2006-
26045; Directorate Identifier 2006-NM-145-AD.

Effective Date

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

Affected ADs

    (b) This AD supersedes AD 2005-13-33.

Applicability

    (c) This AD applies to Airbus A300 airplanes, all certified 
models and all serial numbers, certificated in any category, except 
for:
    (1) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 
airplanes, Model A300 B4-605R and B4-622R airplanes, A300 F4-605R 
and F4-622R airplanes, and Model A300 C4-605R Variant F airplanes.
    (2) Airbus Models A300 B4-220, A300 B4-203, and A300 B2-203 
airplanes in forward facing crew cockpit certified configuration.

Unsafe Condition

    (d) This AD results from the determination that repetitive 
operational tests are necessary following incorporation of the 
wiring modification required by AD 2005-13-33. We are issuing this 
AD to prevent possible trim loss when the flightcrew tries to 
override the autopilot pitch control, which could result in 
uncontrolled flight 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.

Restatement of Requirements of AD 2005-13-33

Modification

    (f) Within 20 months after August 1, 2005 (the effective date of 
AD 2005-13-33), modify the wiring of the autopilot pitch torque 
limiter switch, by doing all of the applicable actions specified in 
the Accomplishment Instructions of Airbus Service Bulletin A300-22-
0117, dated September 7, 2004; Revision 01, dated April 20, 2005; or 
Revision 02, dated September 14, 2005. After the effective date of 
this AD, only Revision 02 may be used.

New Requirements of This AD

Repetitive Operational Tests

    (g) At the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD: Do an operational test of the autopilot 
disconnection upon pitch override, and do all applicable related 
investigative and corrective actions. Do the actions in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A300-22-0118, excluding Appendix 01, dated May 18, 2005; except that 
this AD does not require a report of the inspection results. Do all 
applicable related investigative and

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corrective actions before further flight. Repeat the test thereafter 
at intervals not to exceed 2,000 flight hours.
    (1) For airplanes modified before the effective date of this AD 
in accordance with Airbus Service Bulletin A300-22-0117, dated 
September 7, 2004: Do the initial test within 2,000 flight hours 
after the effective date of this AD.
    (2) For airplanes modified in accordance with Airbus Service 
Bulletin A300-22-0117, Revision 01, dated April 20, 2005; or 
Revision 02, dated September 14, 2005: Do the initial test within 
2,000 flight hours after the modification required by paragraph (f) 
of this AD, or within 2,000 flight hours after the effective date of 
this AD, whichever occurs later.

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.
    (3) AMOCs approved previously in accordance with AD 2005-13-33 
are not approved as AMOCs with this AD.

Related Information

    (i) French airworthiness directive F-2005-107, dated July 6, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use the service information identified in Table 1 
of this AD to perform the actions that are required by this AD, 
unless the AD specifies otherwise.

            Table 1.--All Material Incorporated by Reference
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    Airbus service bulletin       Revision level           Date
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A300-22-0117...................        Original   September 7, 2004.
A300-22-0117...................              01   April 20, 2005.
A300-22-0117...................              02   September 14, 2005.
A300-22-0118, excluding                Original   May 18, 2005.
 Appendix 01.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of the documents identified in Table 2 of 
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

            Table 2.--New Material Incorporated by Reference
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    Airbus service bulletin       Revision level           Date
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A300-22-0117...................              01   April 20, 2005.
A300-22-0117...................              02   September 14, 2005.
A300-22-0118, excluding                Original   May 18, 2005.
 Appendix 01.
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    (2) On August 1, 2005 (70 FR 36833, June 27, 2005), the Director 
of the Federal Register approved the incorporation by reference of 
Airbus Service Bulletin A300-22-0117, dated September 7, 2004.
    (3) 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 February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2412 Filed 2-13-07; 8:45 am]
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