[Federal Register: December 7, 2006 (Volume 71, Number 235)]
[Rules and Regulations]
[Page 70862-70865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25634; Directorate Identifier 2006-NM-143-AD;
Amendment 39-14844; AD 2006-25-03]
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: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an airworthiness authority
of another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as failure of
pitch trim system 2 to deflect the trimmable horizontal stabilizer at
maximum rate, which could result in loss of high-speed trim and
consequent reduced controllability of the airplane. We are issuing this
AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective January 11, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 11,
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.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3371; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to allow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 18, 2006 (71
FR 47752). That NPRM proposed to require a periodic test to ensure the
availability of the pitch trim system 2 and its possibility to deflect
the trimmable horizontal stabilizer (THS) at high speed of trim. The
MCAI states that the refined study of an in-service event has evidenced
the need to perform a periodic test of pitch trim system 2. In the
conditions of overriding the automatic pitch torque limiter, the clutch
of the pitch trim servo-motor 1 is opened so that electric pitch trim
system 1 will disconnect. The question is pending about the
availability of the system 2 and its capability to take over the pitch
trim function, particularly during a go-around. Failure of pitch trim
system 2 to deflect the THS at maximum rate could result in loss of
high-speed trim and consequent reduced controllability of the airplane.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received from one commenter.
[[Page 70863]]
Request To Publish Service Information/Incorporate by Reference in NPRM
The Modification and Replacement Parts Association (MARPA) states
that airworthiness directives (ADs) are based on service information
that originates from the type certificate holder or its suppliers.
MARPA adds that manufacturer's service documents are privately authored
instruments, generally having copyright protection against duplication
and distribution. MARPA states that when a service document is
incorporated by reference into a public document, such as an AD,
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses its private,
protected status and becomes a public document. MARPA notes that if a
service document is used as a mandatory element of compliance it should
not simply be referenced, but should be incorporated by reference.
MARPA believes that public laws, by definition, should be public, which
means they cannot rely upon private writings for compliance. MARPA adds
that the legal interpretation of a document is a question of law, not
of fact; therefore, unless the service document is incorporated by
reference it cannot be considered. MARPA is concerned that failure to
incorporate essential service information could result in a court
decision invalidating the AD.
MARPA also states that service documents incorporated by reference
should be made available to the public by publication in the Docket
Management System (DMS), keyed to the action that incorporates those
documents. 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. MARPA adds that, 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/or
servicing alternatively certified parts under part 21 of the Federal
Aviation Regulations (14 CFR part 21), section 21.303 (``parts
manufacturer approval'' (PMA)). MARPA notes that distribution to owners
when the owner is a financing or leasing institution, may not actually
reach the people responsible for accomplishing the AD. 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 DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. 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, as noted by the
commenter, 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 MARPA'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 AD is necessary in response to these comments.
Request To Change Applicability
The Air Transport Association (ATA), on behalf of one of its
members, American Airlines, asks that the applicability in the NPRM be
changed. American Airlines states that it does not believe the NPRM is
applicable to Model A300-B4-605R airplanes, but could not conclude that
directly from the NPRM. The ATA states that, in the actions and
compliance section of the NPRM, the FAA references the instructions of
Airbus Service Bulletin A300-22-0121, dated July 11, 2005, which
confirms it is valid for Model A300 airplanes, except for the forward
facing crew cockpit (FFCC) versions and Model A300-600 series
airplanes. The ATA adds that the applicability section in the NPRM
should be changed to correctly call out only the airplanes that are
covered by the service bulletin.
We find that clarification of the applicability section in the AD
is necessary. The applicability section in this AD duplicates that of
the referenced French airworthiness directive, which applies only to
Model A300 airplanes, except for Model A300 B4-203 and A300 B2-203 in
the FFCC configuration. Model A300-600 series airplanes are not subject
to the requirements of that airworthiness directive. To ensure clear
and enforceable language in the applicability of this AD, we have
revised the applicability section to specify the affected models as
listed on the type certificate data sheet.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have determined that the estimated
cost did not include the cost for the 3 work hours necessary to
accomplish the repair and follow-on test; however, the number of work
hours was specified. The cost impact information, below, has been
revised to indicate the higher amount.
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 change described previously.
This change will neither increase the economic burden on any operator
nor increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 29 products of U.S. registry.
We also estimate that it will take about 1 work hour per product to do
the periodic test and 3 work hours to do the repair and follow-on test,
and that the average labor rate is $80 per work hour. Required parts
will cost $0 per product. Based on these figures, we estimate the cost
of the AD to the U.S. operators to be $9,280, or $320 per product.
[[Page 70864]]
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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
2006-25-03 Airbus: Amendment 39-14844. Docket No. FAA-2006-25634;
Directorate Identifier 2006-NM-143-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
11, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C,
B2-203, B4-2C, B4-103, and B4-203 airplanes; all serial numbers;
certificated in any category; except for Model A300 B4-203 and A300
B2-203 airplanes in a forward facing crew cockpit certified
configuration.
Reason
(d) The refined study of an in-service event has evidenced the
need to perform a periodic test of pitch trim system 2. In the
conditions of overriding the automatic pitch torque limiter, the
clutch of the pitch trim servo-motor 1 is opened so that electric
pitch trim system 1 will disconnect. The question is pending about
the availability of the system 2 and its capability to take over the
pitch trim function, particularly during a go-around. Failure of
pitch trim system 2 to deflect the trimmable horizontal stabilizer
(THS) at maximum rate could result in loss of high-speed trim and
consequent reduced controllability of the airplane. For such reason,
this AD renders mandatory a periodic test to ensure the availability
of the pitch trim system 2 and its possibility to deflect the THS at
high speed of trim.
Actions and Compliance
(e) Unless already done, do the following actions except as
stated in paragraph (f) below:
(1) Within 250 flight hours after the effective date of this AD:
Perform an operational test of pitch trim system 2 in high speed of
trim configuration and if system 2 does not function as specified in
the instructions of Airbus Service Bulletin A300-22-0121, dated July
11, 2005; before further flight, return the system to correct
operating condition in accordance with the instructions of the
service bulletin.
(2) The operational test, followed, if necessary, by the
corrective action described in the paragraph above, is to be
repeated at intervals not exceeding 1,000 flight hours in accordance
with the instructions of Airbus Service Bulletin A300-22-0121, dated
July 11, 2005.
FAA AD Difference
(f) When complying with this AD, do the following: Although the
Accomplishment Instructions of the referenced service bulletin
describe procedures for submitting certain information to the
manufacturer, this AD does not include that requirement.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
ATTN: Tom Stafford, Aerospace Safety Engineer, 1601 Lind Avenue,
SW., Renton, Washington 98057-3371; telephone (425) 227-1622; fax
(425) 227-1149; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
(2) Notification of Principal Inspector: 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.
(3) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
Related Information
(h) This AD is related to MCAI French airworthiness directive F-
2005-157, dated September 14, 2005, which references Airbus Service
Bulletin A300-22-0121, dated July 11, 2005, for information on
required actions.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin A300-22-0121, excluding
Appendix 01, dated July 11, 2005, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3) You may review copies at the Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3371; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
[[Page 70865]]
Issued in Renton, Washington, on November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20617 Filed 12-6-06; 8:45 am]
BILLING CODE 4910-13-P