Airworthiness Directives; Airbus Model A330, A340-200, and A340-300 Series Airplanes, 256-260 [E6-22473]
Download as PDF
256
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations
paragraph (g) of this AD for each modified
frame.
Optional Preventive Modification
(i) For any frame on which a support
bracket for the air conditioning outlet
extrusion attached with a two-rivet
configuration is installed: Doing all actions
associated with the preventive modification
in accordance with Part II of the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–53–
1216, Revision 1, dated June 8, 2006, ends
the repetitive inspections required by
paragraph (g) of this AD for each modified
frame. Do the requirements of paragraph (k)
of this AD on each modified frame at the time
specified in that paragraph.
Actions Accomplished According to Related
Service Information
(j) Actions accomplished before the
effective date of this AD according to Boeing
Communication M–7200–02–01292, dated
August 20, 2002; are considered acceptable
for compliance with the corresponding
actions specified in paragraphs (f), (g), (h),
and (i) of this AD, as applicable.
Post-Modification/Repair Inspections
(k) For each frame repaired or modified in
accordance with paragraph (h), (i), or (j) of
this AD, as applicable: Within 24,000 flight
cycles after doing the modification/repair,
but after a minimum of 18,000 flight cycles
after doing the modification/repair, do onetime detailed inspections for cracking of the
repaired/modified frame, air conditioning
attach brackets, and stringer clips, by doing
all actions in accordance with Part IV of the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–53–
1216, Revision 1, dated June 8, 2006. If any
cracking is found during the postmodification/repair inspections, before
further flight, repair the cracking using a
method approved in accordance with
paragraph (m) of this AD.
pwalker on PROD1PC65 with RULES
Actions Accomplished Previously
(l) Inspections/modifications/repairs done
before the effective date of this AD in
accordance with Boeing Special Attention
Service Bulletin 737–53–1216, dated January
27, 2005, are acceptable for compliance with
the corresponding actions required by this
AD.
Alternative Methods of Compliance
(AMOCs)
(m)(1) The Manager, Seattle Aircraft
Certification Office (ACO), has the authority
to approve AMOCs for this AD, if requested
in accordance with the procedures found in
14 CFR 39.19.
(2) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
VerDate Aug<31>2005
00:35 Jan 04, 2007
Jkt 211001
(3) 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.
Material Incorporated by Reference
(n) You must use Boeing Special Attention
Service Bulletin 737–53–1216, Revision 1,
dated June 8, 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 Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
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 https://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 https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22462 Filed 1–3–07; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25389; Directorate
Identifier 2006–NM–059–AD; Amendment
39–14870; AD 2006–26–12]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding an
existing airworthiness directive (AD),
which applies to all Airbus Model
A330, A340–200, and A340–300 series
airplanes. That AD currently requires
repetitive inspections of a certain
bracket that attaches the flight deck
instrument panel to the airplane
structure; replacement of the bracket
with a new, improved bracket; and
related investigative and corrective
actions if necessary. This new AD
SUMMARY:
Fmt 4700
You may examine the AD
docket on the Internet at https://
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.
Tim
Backman, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2797; fax (425) 227–1149.
FOR FURTHER INFORMATION CONTACT:
Airworthiness Directives; Airbus Model
A330, A340–200, and A340–300 Series
Airplanes
Frm 00010
This AD becomes effective
February 8, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of February 8, 2007.
On April 25, 2005 (70 FR 13345,
March 21, 2005), the Director of the
Federal Register approved the
incorporation by reference of Airbus
Service Bulletin A330–25–3227,
including Appendix 01, dated June 17,
2004; and Airbus Service Bulletin
A340–25–4230, including Appendix 01,
dated June 17, 2004.
DATES:
ADDRESSES:
DEPARTMENT OF TRANSPORTATION
PO 00000
requires replacement of the existing
bracket with a titanium-reinforced
bracket, which ends the repetitive
inspections in the existing AD. This AD
also requires related investigative and
corrective actions while accomplishing
the replacement, and reduces the
applicability in the existing AD. This
AD results from a report of cracking
damage found on certain brackets that
were replaced per the requirements in
the existing AD. We are issuing this AD
to prevent a cracked bracket. Failure of
this bracket, combined with failure of
the horizontal beam, could result in
collapse of the left part of the flight deck
instrument panel, and consequent
reduced controllability of the airplane.
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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.
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 2005–06–08, amendment
39–14016 (70 FR 13345, March 21,
2005). The existing AD applies to all
Airbus Model A330, A340–200, and
A340–300 series airplanes. That NPRM
was published in the Federal Register
on July 19, 2006 (71 FR 40942). That
NPRM proposed to continue to require
repetitive inspections of a certain
bracket that attaches the flight deck
instrument panel to the airplane
structure; replacement of the bracket
with a new, improved bracket; and
related investigative and corrective
actions if necessary. The NPRM also
proposed to add a requirement for
replacement of the existing bracket with
a titanium-reinforced bracket, which
would end the repetitive inspections in
the existing AD. The NPRM also
proposed to require related investigative
and corrective actions while
accomplishing the replacement, and to
reduce the applicability in the existing
AD.
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.
pwalker on PROD1PC65 with RULES
Request To Change Applicability
Airbus suggests that the referenced
service bulletins in paragraph (k) of the
NPRM be added to the applicability in
paragraph (c) of the NPRM. Airbus
states that airplanes modified in service
would then be excluded from the
applicability after the service bulletins
are done.
We disagree with Airbus. The
applicability of European Aviation
Safety Agency (EASA) airworthiness
directives 2006–0045 and 2006–0047,
both dated February 16, 2006, excludes
airplanes on which Airbus Service
Bulletins A330–25–3249 and A340–25–
4245, both dated May 3, 2005, have
been accomplished in service. However,
we have not excluded those airplanes in
the applicability of the AD; rather, the
AD includes a requirement to
accomplish the actions specified in
those service bulletins. This
requirement will ensure that the actions
specified in the service bulletins and
required by this AD are accomplished
on all affected airplanes. Operators must
continue to operate the airplane in the
configuration required by this AD
unless an alternative method of
compliance (AMOC) is approved. We
VerDate Aug<31>2005
00:35 Jan 04, 2007
Jkt 211001
have made no change to the AD in this
regard.
Request To Clarify Certain
Requirements
Airbus suggests that paragraph (k) of
the NPRM refer to Airbus (inspection)
Service Bulletins A330–25–3227 and
A340–25–4230, both Revision 01, both
dated May 3, 2005, to avoid confusion
with Airbus (modification) Service
Bulletins A330–25–3249 and A340–25–
4245, both dated May 3, 2005.
We agree with Airbus. We have
changed paragraph (f) of this AD to limit
the (inspection) service bulletin
reference to paragraphs (g), (h), and (i)
of this AD. In addition, we have
changed paragraph (k) of this AD to
refer to (modification) Airbus Service
Bulletins A330–25–3249 and A340–25–
4245, both dated May 3, 2005.
Airbus also suggests that the
description of the related investigative
and corrective actions specified in
parenthesis in paragraph (k) be
expanded, for clarification, to include
the horizontal beam.
We do not agree with Airbus. The
description in parenthesis is
informational only; there is no need to
expand it further as the description is
not meant to be all inclusive. We have
made no change to the AD in this
regard.
Request To Remove Part Number
Airbus recommends removing the
reference to titanium-reinforced
brackets having part number (P/N)
F2511305220096, as specified in
paragraph (k) of the NPRM. Airbus
states that referring to a specific part
number for the replacement brackets
may suggest that no other part number
is acceptable. Airbus adds that, if a new
or upgraded part is released in the field
(illustrated parts catalog), installation of
a new part number may lead to operator
requests for information for the
difference between the part number
specified in the NPRM and any new part
number. Airbus notes that this
information would be technical
documentation for demonstration of
continued conformity to the AD. Airbus
concludes that recording application of
the referenced service bulletin should
be adapted for compliance with the
NPRM.
We do not agree with Airbus.
Replacement of brackets, as specified in
paragraph (k) of this AD, is to be
accomplished in accordance with the
Accomplishment Instructions of Airbus
Service Bulletins A330–25–3249 and
A340–25–4245, both dated May 3, 2005.
Each of these service bulletins provides
instructions for removal of the old
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
257
bracket and installation of the new,
reinforced bracket having P/N
F2511305220096. Any other part
number for the bracket, even if
upgraded from those in the subject
service bulletins, will need to be
approved as an AMOC to paragraph (k)
of this AD, in accordance with the
requirements in paragraph (l) of this AD.
We have made no change to the AD in
this regard.
Request to Publish Service Information/
Incorporate by Reference in NPRM
The Modification and Replacement
Parts Association (MARPA) states that
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.
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
E:\FR\FM\04JAR1.SGM
04JAR1
258
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations
pwalker on PROD1PC65 with RULES
includes maintenance and repair
organizations, component servicing,
and/or servicing alternatively certified
parts under section 21.303
(‘‘Replacement and modification parts’’)
of the Federal Aviation Regulations (14
CFR 21.303). MARPA notes 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
DMS.
We understand MARPA’s concern
about incorporating by reference service
information. 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 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.
Requests Regarding Parts Manufacturer
Approval (PMA) Parts
MARPA states that type certificate
holders in their service documents
universally ignore the possible existence
of PMA parts. According to MARPA,
this is especially true with foreign
manufacturers where the concept may
not exist or be implemented in the
country of origin. MARPA states that
frequently the service bulletin upon
which an AD is based will require the
removal of a certain part number and
the installation of a different part
number as a corrective action. MARPA
states that this practice runs afoul of
section 21.303 (‘‘Replacement of
modification parts’’) of the Federal
Aviation Regulations (14 CFR 21.303),
which permits the development,
VerDate Aug<31>2005
00:35 Jan 04, 2007
Jkt 211001
certification, and installation of
alternatively certified parts (PMA).
MARPA states that mandating the
installation of a certain part number to
the exclusion of all other parts is not a
favored general practice. According to
MARPA, such action has the dual effect
of preventing, in some cases, the
installation of perfectly good parts,
while at the same time prohibiting the
development of new parts permitted
under 14 CFR 21.303. MARPA states
that such a prohibition runs the risk of
taking the AD out of the realm of safety
and into the world of economics since
prohibiting the development, sale, and
use of a perfectly airworthy part has
nothing to do with safety. MARPA adds
that courts could easily construe such
actions as being outside the statutory
basis of the AD (safety), and thus
unenforceable. MARPA concludes that
courts are reluctant to find portions of
a rule unenforceable since they lack the
knowledge and authority to rewrite
requirements, and are generally inclined
to void the entire rule.
In addition, MARPA believes that the
practice of requiring an AMOC to install
a PMA part should be stopped. MARPA
states that this is somehow tantamount
to illogically stating that all PMA parts
are inherently defective and require an
additional layer of approval when the
original equipment manufacturer (OEM)
part is determined to be defective.
MARPA suspects that FAA personnel
who diligently labored to certify the
PMA part might disagree with such a
narrow, OEM slanted view. MARPA
adds that if the PMA part is defective
then it must be deemed so in the AD,
and not simply implied by a catch-all
AMOC requirement. MARPA states that
it has repeatedly requested that
language be adopted to trap such
defective parts. MARPA suggests that, to
accomplish this, the Transport Airplane
Directorate adopt the language used by
the Small Airplane Directorate. MARPA
adds that this action, as written, does
not comply with proposed FAA Order
8040.2, which requires replacement or
installation of certain parts, could have
replacement parts approved under
Federal Aviation Regulation 14 CFR
21.203, based on a finding of the part
being identical.
MARPA also points out that another
AD issued from a Directorate other than
the Transport Airplane Directorate
contains a blanket statement that
resolves the PMA issue by adding the
phrase, ‘‘or FAA-approved equivalent
P/N’’ to the part number mandated to be
installed. MARPA requests that the FAA
modify the NPRM to include this
language.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
The NPRM did not address PMA
parts, as provided in draft FAA Order
8040.2, because the Order was only a
draft that was out for comment at the
time. After issuance of the NPRM, the
Order was revised and issued as FAA
Order 8040.5 with an effective date of
September 29, 2006. FAA Order 8040.5
does not address PMA parts in ADs.
The FAA recognizes the need for
standardization of this issue and is
currently in the process of reviewing
issues that address the use of PMAs in
ADs at the national level. However, the
Transport Airplane Directorate
considers that to delay this particular
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 AD in this
regard.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. These
changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 24 Model A330
series airplanes of U.S. registry.
The inspections that are required by
AD 2005–06–08 and retained in this AD
take about 1 work hour per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the currently required
actions is $80 per airplane, per
inspection cycle.
The new replacement and
investigative actions take about 9 work
hours per airplane, at an average labor
rate of $80 per work hour. Required
parts will cost about $330 per airplane.
Based on these figures, the estimated
cost of the new actions specified in this
AD for U.S. operators is $25,200, or
$1,050 per airplane.
There are currently no affected Model
A340–200 and –300 series airplanes of
U.S. registry. However, if one of these
airplanes is imported and put on the
U.S. Register in the future, these cost
estimates will also apply to those
airplanes.
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,
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
pwalker on PROD1PC65 with RULES
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14016 (70
I
VerDate Aug<31>2005
00:35 Jan 04, 2007
Jkt 211001
FR 13345, March 21, 2005) and by
adding the following new airworthiness
directive (AD):
2006–26–12 Airbus: Amendment 39–14870.
Docket No. FAA–2006–25389;
Directorate Identifier 2006–NM–059–AD.
Effective Date
(a) This AD becomes effective February 8,
2007.
Affected ADs
(b) This AD supersedes AD 2005–06–08.
Applicability
(c) This AD applies to Airbus Model A330,
A340–200, and A340–300 series airplanes;
certificated in any category; except airplanes
on which Airbus Modification 53446 has
been incorporated in production.
Unsafe Condition
(d) This AD results from a report of
cracking damage found on certain brackets
that were replaced to address an unsafe
condition. We are issuing this AD to prevent
a cracked bracket. Failure of this bracket,
combined with failure of the horizontal
beam, could result in collapse of the left part
of the flight deck instrument panel, and
consequent reduced controllability 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 Certain Requirements of AD
2005–06–08
Service Bulletin Reference
(f) The term ‘‘service bulletin,’’ as used in
paragraphs (g), (h), and (i) of this AD, means
the Accomplishment Instructions of Airbus
Service Bulletins A330–25–3227 (for Model
A330 series airplanes) and A340–25–4230
(for Model A340–200 and –300 series
airplanes), both Revision 01, both dated May
3, 2005; as applicable. Accomplishment
before the effective date of this AD of Airbus
Service Bulletins A330–25–3227 and A340–
25–4230, both including Appendix 01, both
dated June 17, 2004, as applicable, is an
acceptable means of compliance for
paragraphs (g), (h), and (i) of this AD.
Initial Inspection
(g) At the applicable time specified in
paragraph (g)(1) or (g)(2) of this AD, perform
a detailed inspection of the bracket having
part number (P/N) F2511012920000, which
attaches the flight deck instrument panel to
airplane structure, in accordance with the
applicable service bulletin.
(1) For Model A330 series airplanes: Prior
to the accumulation of 16,500 total flight
cycles, or within 60 days after April 25, 2005
(the effective date of AD 2005–06–08),
whichever is later.
(2) For Model A340–200 and –300 series
airplanes: Prior to the accumulation of 9,700
total flight cycles, or within 2,700 flight
cycles after April 25, 2005, whichever is
later.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
259
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.’’
No Cracking/Repetitive Inspections
(h) If no crack is found during the initial
inspection required by paragraph (g) of this
AD: Repeat the inspection thereafter at the
applicable interval specified in paragraph
(h)(1) or (h)(2) of this AD, until the
replacement specified in paragraph (k) of this
AD has been accomplished.
(1) For Model A330 series airplanes:
Intervals not to exceed 13,800 flight cycles.
(2) For Model A340–200 and –300 series
airplanes: Intervals not to exceed 7,000 flight
cycles.
Crack Found/Replacement and Repetitive
Inspections
(i) If any crack is found during any
inspection required by paragraph (g) or (h) of
this AD: Do the actions in paragraphs (i)(1)
and (i)(2) of this AD, except as provided by
paragraph (j) of this AD, until
accomplishment of the replacement required
by paragraph (k) of this AD.
(1) Before further flight: Replace the
cracked bracket with a new, improved
bracket having P/N F2511012920095, in
accordance with the service bulletin.
(2) Repeat the inspection of the replaced
bracket as required by paragraph (g) of this
AD, at the time specified in paragraph (i)(2)(i)
or (i)(2)(ii) of this AD. Then, do repetitive
inspections or replace the bracket as
specified in paragraph (h) or (i) of this AD,
as applicable.
(i) For Model A330 series airplanes: Within
16,500 flight cycles after replacing the
bracket.
(ii) For Model A340–200 and –300 series
airplanes: Within 9,700 flight cycles after
replacing the bracket.
(j) If both flanges of a bracket are found
broken during any inspection required by
this AD: Before further flight, replace the
bracket as specified in paragraph (i) of this
AD and perform any applicable related
investigative and corrective actions (which
may include inspections for damage to
surrounding structure caused by the broken
bracket, and corrective actions for any
damage that is found), in accordance with a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its
delegated agent).
New Requirements of This AD
Replacement of Brackets/Investigative and
Corrective Actions
(k) Except as required by paragraph (i)(1)
of this AD: Within 72 months after the
effective date of this AD, replace existing
brackets having
P/N F2511012920000 or P/N
E:\FR\FM\04JAR1.SGM
04JAR1
260
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations
F2511012920095 with titanium-reinforced
brackets having P/N F2511305220096; and
perform any related investigative and
corrective actions (which may include
detailed inspections for cracking of the
bracket or damage to surrounding structure
caused by a broken bracket, and applicable
corrective actions for any damage that is
found); in accordance with the
Accomplishment Instructions of Airbus
Service Bulletins A330–25–3249 and A340–
25–4245, excluding Appendix 01, both dated
May 3, 2005, as applicable. If any crack is
found, before further flight, repair in
accordance with the applicable service
bulletin. Replacement of the affected bracket
with a titanium-reinforced bracket having
P/N F2511305220096 ends the repetitive
inspections required by paragraph (h) or (i)
of this AD. Although the service bulletins
specify to submit certain information to the
manufacturer, this AD does not include that
requirement.
Alternative Methods of Compliance
(AMOCs)
(l)(1) The Manager, International Branch,
ANM–116, 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
(m) EASA airworthiness directives 2006–
0045 and 2006–0047, both dated February 16,
2006, also address the subject of this AD.
Material Incorporated by Reference
(n) You must use the applicable service
bulletin specified in Table 1 of this AD to
perform the actions that are required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
the service bulletins specified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
(2) On April 25, 2005 (70 FR 13345, March
21, 2005), the Director of the Federal Register
approved the incorporation by reference of
Airbus Service Bulletin A330–25–3227,
including Appendix 01, dated June 17, 2004;
and Airbus Service Bulletin A340–25–4230,
including Appendix 01, dated June 17, 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 https://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 https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
Airbus service bulletin
A330–25–3227,
A330–25–3227,
A330–25–3249
A340–25–4230,
A340–25–4230,
A340–25–4245
Revision level
including Appendix 01 .............
excluding Appendix 01 ............
..................................................
including Appendix 01 .............
excluding Appendix 01 ............
..................................................
Date
Original .............................................................
01 ......................................................................
Original .............................................................
Original .............................................................
01 ......................................................................
Original .............................................................
June 17, 2004.
May 3, 2005.
May 3, 2005.
June 17, 2004.
May 3, 2005.
May 3, 2005.
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
Airbus service bulletin
A330–25–3227,
A330–25–3249
A340–25–4230,
A340–25–4245
Revision level
excluding Appendix 01 ............
..................................................
excluding Appendix 01 ............
..................................................
Issued in Renton, Washington, on
December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22473 Filed 1–3–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 522
pwalker on PROD1PC65 with RULES
Implantation or Injectable Dosage
Form New Animal Drugs; Doxapram
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
VerDate Aug<31>2005
00:35 Jan 04, 2007
Jkt 211001
Date
01 ......................................................................
Original .............................................................
01 ......................................................................
Original .............................................................
May
May
May
May
animal drug regulations to reflect
approval of an abbreviated new animal
drug application (ANADA) filed by
Modern Veterinary Therapeutics, LLC.
The ANADA provides for the use of
doxapram hydrochloride injectable
solution in dogs, cats, and horses to
stimulate respiration during and after
general anesthesia.
DATES: This rule is effective January 4,
2007.
FOR FURTHER INFORMATION CONTACT: John
K. Harshman, Center for Veterinary
Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–0169, email: john.harshman@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Modern
Veterinary Therapeutics, LLC, 18301
SW. 86th Ave., Miami, FL 33157, filed
ANADA 200–435 that provides for use
of RESPIRAM (doxapram
hydrochloride), an injectable solution,
in dogs, cats, and horses to stimulate
respiration during and after general
anesthesia. Modern Veterinary
Therapeutics, LLC’s RESPIRAM is
approved as a generic copy of
DOPRAM-V Injectable, sponsored by
Fort Dodge Animal Health, Division of
Wyeth, under NADA 034 879. The
ANADA is approved as of November 21,
2006, and the regulations are amended
in 21 CFR 522.775 to reflect the
approval and a current format. The basis
of approval is discussed in the freedom
of information summary.
In addition, Modern Veterinary
Therapeutics, LLC, has not been
previously listed in the animal drug
regulations as a sponsor of an approved
application. Accordingly, 21 CFR
510.600(c) is being amended to add
entries for this firm.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\04JAR1.SGM
3,
3,
3,
3,
2005.
2005.
2005.
2005.
04JAR1
Agencies
[Federal Register Volume 72, Number 2 (Thursday, January 4, 2007)]
[Rules and Regulations]
[Pages 256-260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22473]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD;
Amendment 39-14870; AD 2006-26-12]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330, A340-200, and A340-
300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all Airbus Model A330, A340-200, and A340-300
series airplanes. That AD currently requires repetitive inspections of
a certain bracket that attaches the flight deck instrument panel to the
airplane structure; replacement of the bracket with a new, improved
bracket; and related investigative and corrective actions if necessary.
This new AD requires replacement of the existing bracket with a
titanium-reinforced bracket, which ends the repetitive inspections in
the existing AD. This AD also requires related investigative and
corrective actions while accomplishing the replacement, and reduces the
applicability in the existing AD. This AD results from a report of
cracking damage found on certain brackets that were replaced per the
requirements in the existing AD. We are issuing this AD to prevent a
cracked bracket. Failure of this bracket, combined with failure of the
horizontal beam, could result in collapse of the left part of the
flight deck instrument panel, and consequent reduced controllability of
the airplane.
DATES: This AD becomes effective February 8, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 8,
2007.
On April 25, 2005 (70 FR 13345, March 21, 2005), the Director of
the Federal Register approved the incorporation by reference of Airbus
Service Bulletin A330-25-3227, including Appendix 01, dated June 17,
2004; and Airbus Service Bulletin A340-25-4230, including Appendix 01,
dated June 17, 2004.
ADDRESSES: You may examine the AD docket on the Internet at https://
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: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://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.
[[Page 257]]
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-06-08, amendment
39-14016 (70 FR 13345, March 21, 2005). The existing AD applies to all
Airbus Model A330, A340-200, and A340-300 series airplanes. That NPRM
was published in the Federal Register on July 19, 2006 (71 FR 40942).
That NPRM proposed to continue to require repetitive inspections of a
certain bracket that attaches the flight deck instrument panel to the
airplane structure; replacement of the bracket with a new, improved
bracket; and related investigative and corrective actions if necessary.
The NPRM also proposed to add a requirement for replacement of the
existing bracket with a titanium-reinforced bracket, which would end
the repetitive inspections in the existing AD. The NPRM also proposed
to require related investigative and corrective actions while
accomplishing the replacement, and to reduce the applicability in the
existing AD.
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 Change Applicability
Airbus suggests that the referenced service bulletins in paragraph
(k) of the NPRM be added to the applicability in paragraph (c) of the
NPRM. Airbus states that airplanes modified in service would then be
excluded from the applicability after the service bulletins are done.
We disagree with Airbus. The applicability of European Aviation
Safety Agency (EASA) airworthiness directives 2006-0045 and 2006-0047,
both dated February 16, 2006, excludes airplanes on which Airbus
Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3,
2005, have been accomplished in service. However, we have not excluded
those airplanes in the applicability of the AD; rather, the AD includes
a requirement to accomplish the actions specified in those service
bulletins. This requirement will ensure that the actions specified in
the service bulletins and required by this AD are accomplished on all
affected airplanes. Operators must continue to operate the airplane in
the configuration required by this AD unless an alternative method of
compliance (AMOC) is approved. We have made no change to the AD in this
regard.
Request To Clarify Certain Requirements
Airbus suggests that paragraph (k) of the NPRM refer to Airbus
(inspection) Service Bulletins A330-25-3227 and A340-25-4230, both
Revision 01, both dated May 3, 2005, to avoid confusion with Airbus
(modification) Service Bulletins A330-25-3249 and A340-25-4245, both
dated May 3, 2005.
We agree with Airbus. We have changed paragraph (f) of this AD to
limit the (inspection) service bulletin reference to paragraphs (g),
(h), and (i) of this AD. In addition, we have changed paragraph (k) of
this AD to refer to (modification) Airbus Service Bulletins A330-25-
3249 and A340-25-4245, both dated May 3, 2005.
Airbus also suggests that the description of the related
investigative and corrective actions specified in parenthesis in
paragraph (k) be expanded, for clarification, to include the horizontal
beam.
We do not agree with Airbus. The description in parenthesis is
informational only; there is no need to expand it further as the
description is not meant to be all inclusive. We have made no change to
the AD in this regard.
Request To Remove Part Number
Airbus recommends removing the reference to titanium-reinforced
brackets having part number (P/N) F2511305220096, as specified in
paragraph (k) of the NPRM. Airbus states that referring to a specific
part number for the replacement brackets may suggest that no other part
number is acceptable. Airbus adds that, if a new or upgraded part is
released in the field (illustrated parts catalog), installation of a
new part number may lead to operator requests for information for the
difference between the part number specified in the NPRM and any new
part number. Airbus notes that this information would be technical
documentation for demonstration of continued conformity to the AD.
Airbus concludes that recording application of the referenced service
bulletin should be adapted for compliance with the NPRM.
We do not agree with Airbus. Replacement of brackets, as specified
in paragraph (k) of this AD, is to be accomplished in accordance with
the Accomplishment Instructions of Airbus Service Bulletins A330-25-
3249 and A340-25-4245, both dated May 3, 2005. Each of these service
bulletins provides instructions for removal of the old bracket and
installation of the new, reinforced bracket having P/N F2511305220096.
Any other part number for the bracket, even if upgraded from those in
the subject service bulletins, will need to be approved as an AMOC to
paragraph (k) of this AD, in accordance with the requirements in
paragraph (l) of this AD. We have made no change to the AD in this
regard.
Request to Publish Service Information/Incorporate by Reference in NPRM
The Modification and Replacement Parts Association (MARPA) states
that 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. 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
[[Page 258]]
includes maintenance and repair organizations, component servicing,
and/or servicing alternatively certified parts under section 21.303
(``Replacement and modification parts'') of the Federal Aviation
Regulations (14 CFR 21.303). MARPA notes 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 DMS.
We understand MARPA's concern about incorporating by reference
service information. 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 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.
Requests Regarding Parts Manufacturer Approval (PMA) Parts
MARPA states that type certificate holders in their service
documents universally ignore the possible existence of PMA parts.
According to MARPA, this is especially true with foreign manufacturers
where the concept may not exist or be implemented in the country of
origin. MARPA states that frequently the service bulletin upon which an
AD is based will require the removal of a certain part number and the
installation of a different part number as a corrective action. MARPA
states that this practice runs afoul of section 21.303 (``Replacement
of modification parts'') of the Federal Aviation Regulations (14 CFR
21.303), which permits the development, certification, and installation
of alternatively certified parts (PMA). MARPA states that mandating the
installation of a certain part number to the exclusion of all other
parts is not a favored general practice. According to MARPA, such
action has the dual effect of preventing, in some cases, the
installation of perfectly good parts, while at the same time
prohibiting the development of new parts permitted under 14 CFR 21.303.
MARPA states that such a prohibition runs the risk of taking the AD out
of the realm of safety and into the world of economics since
prohibiting the development, sale, and use of a perfectly airworthy
part has nothing to do with safety. MARPA adds that courts could easily
construe such actions as being outside the statutory basis of the AD
(safety), and thus unenforceable. MARPA concludes that courts are
reluctant to find portions of a rule unenforceable since they lack the
knowledge and authority to rewrite requirements, and are generally
inclined to void the entire rule.
In addition, MARPA believes that the practice of requiring an AMOC
to install a PMA part should be stopped. MARPA states that this is
somehow tantamount to illogically stating that all PMA parts are
inherently defective and require an additional layer of approval when
the original equipment manufacturer (OEM) part is determined to be
defective. MARPA suspects that FAA personnel who diligently labored to
certify the PMA part might disagree with such a narrow, OEM slanted
view. MARPA adds that if the PMA part is defective then it must be
deemed so in the AD, and not simply implied by a catch-all AMOC
requirement. MARPA states that it has repeatedly requested that
language be adopted to trap such defective parts. MARPA suggests that,
to accomplish this, the Transport Airplane Directorate adopt the
language used by the Small Airplane Directorate. MARPA adds that this
action, as written, does not comply with proposed FAA Order 8040.2,
which requires replacement or installation of certain parts, could have
replacement parts approved under Federal Aviation Regulation 14 CFR
21.203, based on a finding of the part being identical.
MARPA also points out that another AD issued from a Directorate
other than the Transport Airplane Directorate contains a blanket
statement that resolves the PMA issue by adding the phrase, ``or FAA-
approved equivalent P/N'' to the part number mandated to be installed.
MARPA requests that the FAA modify the NPRM to include this language.
The NPRM did not address PMA parts, as provided in draft FAA Order
8040.2, because the Order was only a draft that was out for comment at
the time. After issuance of the NPRM, the Order was revised and issued
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA
Order 8040.5 does not address PMA parts in ADs.
The FAA recognizes the need for standardization of this issue and
is currently in the process of reviewing issues that address the use of
PMAs in ADs at the national level. However, the Transport Airplane
Directorate considers that to delay this particular 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 AD in this
regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. These changes will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 24 Model A330 series airplanes of U.S.
registry.
The inspections that are required by AD 2005-06-08 and retained in
this AD take about 1 work hour per airplane, at an average labor rate
of $80 per work hour. Based on these figures, the estimated cost of the
currently required actions is $80 per airplane, per inspection cycle.
The new replacement and investigative actions take about 9 work
hours per airplane, at an average labor rate of $80 per work hour.
Required parts will cost about $330 per airplane. Based on these
figures, the estimated cost of the new actions specified in this AD for
U.S. operators is $25,200, or $1,050 per airplane.
There are currently no affected Model A340-200 and -300 series
airplanes of U.S. registry. However, if one of these airplanes is
imported and put on the U.S. Register in the future, these cost
estimates will also apply to those airplanes.
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,
[[Page 259]]
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 39-14016 (70 FR 13345, March 21, 2005) and by adding
the following new airworthiness directive (AD):
2006-26-12 Airbus: Amendment 39-14870. Docket No. FAA-2006-25389;
Directorate Identifier 2006-NM-059-AD.
Effective Date
(a) This AD becomes effective February 8, 2007.
Affected ADs
(b) This AD supersedes AD 2005-06-08.
Applicability
(c) This AD applies to Airbus Model A330, A340-200, and A340-300
series airplanes; certificated in any category; except airplanes on
which Airbus Modification 53446 has been incorporated in production.
Unsafe Condition
(d) This AD results from a report of cracking damage found on
certain brackets that were replaced to address an unsafe condition.
We are issuing this AD to prevent a cracked bracket. Failure of this
bracket, combined with failure of the horizontal beam, could result
in collapse of the left part of the flight deck instrument panel,
and consequent reduced controllability 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 Certain Requirements of AD 2005-06-08
Service Bulletin Reference
(f) The term ``service bulletin,'' as used in paragraphs (g),
(h), and (i) of this AD, means the Accomplishment Instructions of
Airbus Service Bulletins A330-25-3227 (for Model A330 series
airplanes) and A340-25-4230 (for Model A340-200 and -300 series
airplanes), both Revision 01, both dated May 3, 2005; as applicable.
Accomplishment before the effective date of this AD of Airbus
Service Bulletins A330-25-3227 and A340-25-4230, both including
Appendix 01, both dated June 17, 2004, as applicable, is an
acceptable means of compliance for paragraphs (g), (h), and (i) of
this AD.
Initial Inspection
(g) At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD, perform a detailed inspection of the bracket
having part number (P/N) F2511012920000, which attaches the flight
deck instrument panel to airplane structure, in accordance with the
applicable service bulletin.
(1) For Model A330 series airplanes: Prior to the accumulation
of 16,500 total flight cycles, or within 60 days after April 25,
2005 (the effective date of AD 2005-06-08), whichever is later.
(2) For Model A340-200 and -300 series airplanes: Prior to the
accumulation of 9,700 total flight cycles, or within 2,700 flight
cycles after April 25, 2005, whichever is later.
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.''
No Cracking/Repetitive Inspections
(h) If no crack is found during the initial inspection required
by paragraph (g) of this AD: Repeat the inspection thereafter at the
applicable interval specified in paragraph (h)(1) or (h)(2) of this
AD, until the replacement specified in paragraph (k) of this AD has
been accomplished.
(1) For Model A330 series airplanes: Intervals not to exceed
13,800 flight cycles.
(2) For Model A340-200 and -300 series airplanes: Intervals not
to exceed 7,000 flight cycles.
Crack Found/Replacement and Repetitive Inspections
(i) If any crack is found during any inspection required by
paragraph (g) or (h) of this AD: Do the actions in paragraphs (i)(1)
and (i)(2) of this AD, except as provided by paragraph (j) of this
AD, until accomplishment of the replacement required by paragraph
(k) of this AD.
(1) Before further flight: Replace the cracked bracket with a
new, improved bracket having P/N F2511012920095, in accordance with
the service bulletin.
(2) Repeat the inspection of the replaced bracket as required by
paragraph (g) of this AD, at the time specified in paragraph
(i)(2)(i) or (i)(2)(ii) of this AD. Then, do repetitive inspections
or replace the bracket as specified in paragraph (h) or (i) of this
AD, as applicable.
(i) For Model A330 series airplanes: Within 16,500 flight cycles
after replacing the bracket.
(ii) For Model A340-200 and -300 series airplanes: Within 9,700
flight cycles after replacing the bracket.
(j) If both flanges of a bracket are found broken during any
inspection required by this AD: Before further flight, replace the
bracket as specified in paragraph (i) of this AD and perform any
applicable related investigative and corrective actions (which may
include inspections for damage to surrounding structure caused by
the broken bracket, and corrective actions for any damage that is
found), in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).
New Requirements of This AD
Replacement of Brackets/Investigative and Corrective Actions
(k) Except as required by paragraph (i)(1) of this AD: Within 72
months after the effective date of this AD, replace existing
brackets having P/N F2511012920000 or P/N
[[Page 260]]
F2511012920095 with titanium-reinforced brackets having P/N
F2511305220096; and perform any related investigative and corrective
actions (which may include detailed inspections for cracking of the
bracket or damage to surrounding structure caused by a broken
bracket, and applicable corrective actions for any damage that is
found); in accordance with the Accomplishment Instructions of Airbus
Service Bulletins A330-25-3249 and A340-25-4245, excluding Appendix
01, both dated May 3, 2005, as applicable. If any crack is found,
before further flight, repair in accordance with the applicable
service bulletin. Replacement of the affected bracket with a
titanium-reinforced bracket having P/N F2511305220096 ends the
repetitive inspections required by paragraph (h) or (i) of this AD.
Although the service bulletins specify to submit certain information
to the manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, 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
(m) EASA airworthiness directives 2006-0045 and 2006-0047, both
dated February 16, 2006, also address the subject of this AD.
Material Incorporated by Reference
(n) You must use the applicable service bulletin specified in
Table 1 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of the service bulletins specified in
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
(2) On April 25, 2005 (70 FR 13345, March 21, 2005), the
Director of the Federal Register approved the incorporation by
reference of Airbus Service Bulletin A330-25-3227, including
Appendix 01, dated June 17, 2004; and Airbus Service Bulletin A340-
25-4230, including Appendix 01, dated June 17, 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 https://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 https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Table 1.--All Material Incorporated by Reference
------------------------------------------------------------------------
Airbus service bulletin Revision level Date
------------------------------------------------------------------------
A330-25-3227, including Appendix Original.......... June 17, 2004.
01.
A330-25-3227, excluding Appendix 01................ May 3, 2005.
01.
A330-25-3249.................... Original.......... May 3, 2005.
A340-25-4230, including Appendix Original.......... June 17, 2004.
01.
A340-25-4230, excluding Appendix 01................ May 3, 2005.
01.
A340-25-4245.................... Original.......... May 3, 2005.
------------------------------------------------------------------------
Table 2.--New Material Incorporated by Reference
------------------------------------------------------------------------
Airbus service bulletin Revision level Date
------------------------------------------------------------------------
A330-25-3227, excluding Appendix 01................ May 3, 2005.
01.
A330-25-3249.................... Original.......... May 3, 2005.
A340-25-4230, excluding Appendix 01................ May 3, 2005.
01.
A340-25-4245.................... Original.......... May 3, 2005.
------------------------------------------------------------------------
Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22473 Filed 1-3-07; 8:45 am]
BILLING CODE 4910-13-P