[Federal Register: February 17, 2006 (Volume 71, Number 33)]
[Rules and Regulations]
[Page 8453-8457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe06-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22411; Directorate Identifier 2005-NM-074-AD;
Amendment 39-14482; AD 2006-04-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2 Series Airplanes;
Model A300 B4 Series Airplanes; Model A300 B4-600 Series Airplanes;
Model A300 B4-600R Series Airplanes; Model A300 F4 600R Series
Airplanes; Model A300 C4-605R Variant F Airplanes; and Model A310-200
Series Airplanes; and Model A310-300 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 transport category airplanes. This AD requires replacing
the existing cabin altitude indicator in the cabin pressure control
panel with a new, improved cabin altitude indicator. This AD results
from a report of injuries occurring on in-service airplanes when
crewmembers forcibly initiated opening of passenger/crew doors against
residual pressure causing the doors to rapidly open. We are issuing
this AD to prevent injury to crewmembers, and subsequent damage to the
airplane caused by rapid opening of the door.
DATES: This AD becomes effective March 24, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 24,
2006.
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,
Aerospace Engineer, International Branch, ANM-116, FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; 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
transport category airplanes. That NPRM was published in the Federal
Register on September 14, 2005 (70 FR 54321). That NPRM proposed to
require replacing the existing cabin altitude indicator in the cabin
pressure control panel with a new, improved cabin altitude indicator.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Agreement With the NPRM
One commenter states that it agrees with the proposed requirements
of the NPRM.
[[Page 8454]]
Request To Extend the Compliance Time
One commenter requests that the compliance time of the NPRM be
extended from 22 months to 34 months. The commenter points out that a
compliance time of 34 months would correlate with the French
airworthiness directive that mandated the service bulletins specified
in the NPRM.
We agree that the compliance time may be extended. Our intention
was that the compliance time of this AD should correlate with the
French airworthiness directive. We have revised the AD to specify 34
months.
Request To Revise the ``Costs of Compliance'' Section
This same commenter requests that the estimated cost of the NPRM be
revised from $1,071 to $3,081, per airplane. The commenter states that
it can provide the $3,081 dollar figure based on that fact that it has
accomplished the modification on several airplanes.
We do not agree that the ``Costs of Compliance'' section should be
revised. Based on the information provided in the new Revision 2 of the
service bulletins specified in this AD, there is no change in the costs
that were estimated in the NPRM. The cost analysis in AD rulemaking
actions typically does not include incidental costs such as the time
required to gain access and close up, time necessary for planning, or
time necessitated by other administrative actions. Those incidental
costs, which may vary significantly among operators, are almost
impossible to calculate. No change to this AD is necessary in this
regard.
Request To Limit Applicability of the NPRM
One commenter, a freighter operator, requests that the FAA consider
the differences in operation between passenger and cargo operations.
The commenter states that its normal flightcrew procedures require that
the flightcrew open the entry door, and this event occurs after engine
shutdown. The commenter states that its cabin residual warning system
would alert the flightcrew if a differential pressure existed within
the cabin. The commenter further notes that its flightcrew ground
procedures do not refer to the cabin altitude indicator for any
purpose.
We infer that the commenter is requesting that we remove cargo
airplanes from the applicability of the AD. We do not agree that the
requirements of this AD do not apply to cargo airplanes. We point out
that cargo operator procedures may change and are not universal in
application. In addition, in the event a new operator buys an airplane,
the existing cargo operator procedures are not legally required to be
used by the new operator. No change to this AD is necessary in this
regard. However, under the provisions of paragraph (i) of the AD, we
may consider requests for approval of an alternative method of
compliance if sufficient data are submitted to substantiate that such a
method would provide an acceptable level of safety.
Request To Address Defective Parts Manufacturer Approval (PMA) Parts
One commenter requests that the NPRM be revised to cover possible
defective PMA alternative parts, rather than just a single part number,
so that those defective PMA parts also are subject to the proposed AD.
The commenter states that PMA manufacturers are encouraged--and in some
cases, required--to identify PMA parts by alternative designations.
We concur with the commenter's general request that, if we know
that an unsafe condition also exists in PMA parts, the AD should
address those parts, as well as the original parts. We are not aware of
other PMA parts that have a different part number. The commenter's
remarks are timely in that the Transport Airplane Directorate currently
is in the process of reviewing this issue as it applies to transport
category airplanes. We acknowledge that there may be other ways of
addressing this issue to ensure that unsafe PMA parts are identified
and addressed. Once we have thoroughly examined all aspects of this
issue, including input from industry, and have made a final
determination, we will consider whether our policy regarding addressing
PMA parts in ADs needs to be revised. We consider that to delay this AD
action would be inappropriate, since we have determined that an unsafe
condition exists and that replacement of certain parts must be
accomplished to ensure continued safety. Therefore, no change has been
made to the final rule in this regard.
Request To Reference Parts with PMA
The same commenter also requests that the language in the NPRM be
changed to permit installation of other FAA-approved equivalent parts.
The commenter states that the mandated installation of a certain part
number ``is at variance with FAR 21.303,'' which permits the
installation of other (PMA) parts.
We infer that the commenter would like the AD to permit
installation of any equivalent PMA part so that it is not necessary for
an operator to request approval of an alternative method of compliance
(AMOC) in order to install an ``equivalent'' PMA part. Whether an
alternative part is ``equivalent'' in adequately resolving the unsafe
condition can only be determined on a case-by-case basis based on a
complete understanding of the unsafe condition. We are not currently
aware of any such parts. Our policy is that, in order for operators to
replace a part with one that is not specified in the AD, they must
request an AMOC. This is necessary so that we can make a specific
determination that an alternative part is or is not susceptible to the
same unsafe condition.
In response to the commenter's statement regarding a ``variance
with FAR 21.303,'' under which the FAA issues parts with a PMA, this
statement appears to reflect a misunderstanding of the relationship
between ADs and the certification procedural regulations of part 21 of
the FARs (14 CFR part 21). Those regulations, including section 21.303
of the FARs (14 CFR part 21.303), are intended to ensure that
aeronautical products comply with the applicable airworthiness
standards. But ADs are issued when, notwithstanding those procedures,
we become aware of unsafe conditions in these products or parts.
Therefore, an AD takes precedence over design ``approvals'' when we
identify an unsafe condition, and mandating installation of a certain
part number in an AD is not at variance with section Sec. 21.303.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the FARs (14 CFR 39.7), ``Anyone who operates a product
that does not meet the requirements of an applicable airworthiness
directive is in violation of this section.'' Unless an operator obtains
approval for an AMOC, replacing a part with one not specified by the AD
would make the operator subject to an enforcement action and result in
a civil penalty. No change to the AD is necessary in this regard.
Request To Require Latest Revision of the Service Bulletin
One commenter, the manufacturer, advises that it has issued new
revisions to each of the service bulletins referenced in the NPRM. The
[[Page 8455]]
commenter also states that the new revision level was issued to inform
operators that the service information was mandatory. The commenter
requests that the NPRM be revised to reflect the new revision level of
each of the service bulletins.
We agree that the AD should reflect the new revision level of the
service bulletins and have revised the AD accordingly.
Request To Give ``Credit'' for a Service Bulletin
The same commenter, the manufacturer, notes that paragraph (g) of
the NPRM gives credit for accomplishing the actions of Airbus Service
Bulletin A310-21-2063 and A300-21-0131, both dated September 9, 2004.
The commenter requests that credit also be given for accomplishing the
actions specified in Airbus Service Bulletin A310-21-0131, dated
September 9, 2004.
We agree to revise paragraph (g) of the AD. We have added a new
Table 2, which specifies not only the requested additional service
bulletin revision, but also Revision 01 for each of the service
bulletins.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
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
This AD will affect about 194 airplanes of U.S. registry. The
required actions will take about 7 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts will cost about
$1,246 per airplane. Based on these figures, the estimated cost of this
AD for U.S. operators is $329,994, or $1,701 per airplane.
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):
2006-04-01 Airbus: Amendment 39-14482. Docket No. FAA-2005-22411;
Directorate Identifier 2005-NM-074-AD.
Effective Date
(a) This AD becomes effective March 24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C,
and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203
airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes;
Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-
622R airplanes; Model A300 C4-605R Variant F airplanes; Model A310-
203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324,
and -325 airplanes; certificated in any category; except for those
airplanes on which Airbus Modification 12857 has been incorporated
in production.
Unsafe Condition
(d) This AD was prompted by a report of injuries occurring on
in-service airplanes when crewmembers forcibly initiated opening of
passenger/crew doors against residual pressure causing the doors to
rapidly open. We are issuing this AD to prevent injury to
crewmembers, and subsequent damage to the airplane caused by the
rapid opening of the door.
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.
Replacing the Cabin Altitude Indicator
(f) Within 34 months after the effective date of this AD,
replace the cabin altitude indicator (Part Number (P/N) 37000-3) in
the cabin pressure control panel with a new improved cabin altitude
indicator (P/N 37000-3-01), in accordance with the service bulletins
specified in Table 1 of this AD, as applicable.
[[Page 8456]]
Table 1.--Airbus Service Bulletins
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Service bulletin and
Model revision number Date
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Model A300 B2-1A, B2-1C, B2K-3C, and B2- A300-21-0131, Revision 02... April 20, 2005.
203 airplanes; Model A300 B4-2C, B4-103,
and B4-203 airplanes; Model A300 B4-601,
B4-603, B4-620, and B4-622 airplanes.
Model A300 B4-605R and B4-622R airplanes; A300-21-6050, Revision 02... April 20, 2005.
Model A300 F4-605R and F4-622R
airplanes; Model A300 C4-605R Variant F
airplanes.
Model A310-304, -322, -324, and -325 A310-21-2063, Revision 02.. April 20, 2005.
airplanes.
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Note 1: The service bulletins specified in Table 1 of paragraph
(f) of this AD describe installation of an in-service modification
equivalent to production Modification 12857.
Additional Source of Service Information
Note 2: Each of the service bulletins specified in Table 1 of
paragraph (f) of this AD refers to Thales Service Bulletin 37000-3-
21-001, dated October 8, 2004, as an additional source of service
information.
Actions Accomplished in Accordance With Previous Service Information
(g) Replacement of the cabin altitude indicator with a new,
improved indicator, in accordance with the Airbus service bulletins
specified in Table 2 of this AD, as applicable, before the effective
date of this AD, is acceptable for compliance with the requirements
of paragraph (f) of this AD.
Table 2.--Airbus Service Bulletins Acceptable for Compliance
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Service bulletin and
Model revision number Date
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Model A300 B2-1A, B2-1C, B2K-3C, and B2- A300-21-0131, (original).... September 9, 2004.
203 airplanes; Model A300 B4-2C, B4-103, A300-21-0131, Revision 01... January 6, 2005.
and B4-203 airplanes; Model A300 B4-601,
B4-603, B4-620, and B4-622 airplanes.
Model A300 B4-605R and B4-622R airplanes; A300-21-6050, (original).... September 9, 2004.
Model A300 F4-605R and F4-622R A300-21-6050, Revision 01... December 17, 2004.
airplanes; Model A300 C4-605R Variant F
airplanes.
Model A310-304, -322, -324, and -325 A310-21-2063, (original).... September 9, 2004.
airplanes. A310-21-2063, Revision 01... January 6, 2005.
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Parts Installation
(h) After the effective date of this AD, no person may install a
Thales cabin altitude indicator having P/N 37000-3 on any airplane.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 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 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.
Related Information
(j) French airworthiness directive F-2005-027, dated February
16, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use the service information specified in Table 3 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 3.--Material Incorporated by Reference
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Airbus service bulletin Revision level Date
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A300-21-0131................................... 02 April 20, 2005.
A300-21-6050................................... 02 April 20, 2005.
A310-21-2063................................... 02 April 20, 2005.
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[[Page 8457]]
Issued in Renton, Washington, on February 1, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-1412 Filed 2-16-06; 8:45 am]
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