Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes, 1928-1931 [E7-399]
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mstockstill on PROD1PC61 with RULES
1928
Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations
applicable laws and regulations and is
consistent with the savings association’s
charter and bylaws.
(ii) The savings association is at least
adequately capitalized under § 565.4(b)
of this chapter and meets the regulatory
capital requirements at § 567.2 of this
chapter.
(iii) The savings association is or will
be able to service the covered securities.
(iv) The covered securities are
consistent with the requirements of this
section.
(v) The covered securities and related
transactions sufficiently transfer risk
from the Deposit Insurance Fund.
(vi) OTS has no objection to the
issuance based on the savings
association’s overall policies, condition,
and operations.
(3) OTS approval or non-objection is
conditioned upon no material changes
to the information disclosed in the
application or notice submitted to OTS.
OTS may impose such additional
requirements or conditions as it may
deem necessary to protect purchasers,
the savings association, OTS, or the
Deposit Insurance Fund.
(e) Amendments. If a savings
association amends the covered
securities or related documents
following the completion of OTS
review, it must obtain OTS approval or
non-objection under this section before
it may include the amended securities
in supplementary capital.
(f) Sale of covered securities. The
savings association must complete the
sale of covered securities within one
year after OTS approval or nonobjection under this section. A savings
association may request an extension of
the offering period by filing a written
request with OTS. The savings
association must demonstrate good
cause for the extension and file the
request at least 30 days before the
expiration of the offering period or any
extension of the offering period.
(g) Reports. A savings association
must file the following information with
OTS within 30 days after the savings
association completes the sale of
covered securities includable as
supplementary capital. If the savings
association filed its application or
notice following the completion of the
sale, it must submit this information
with its application or notice:
(1) A written report indicating the
number of purchasers, the total dollar
amount of securities sold, the net
proceeds received by the savings
association from the issuance, and the
amount of covered securities, net of all
expenses, to be included as
supplementary capital;
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13:05 Jan 16, 2007
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(2) Three copies of an executed form
of the securities and a copy of any
related documents governing the
issuance or administration of the
securities; and
(3) A certification by the appropriate
executive officer indicating that the
savings association complied with all
applicable laws and regulations in
connection with the offering, issuance,
and sale of the securities.
Dated: November 28, 2006.
By the Office of Thrift Supervision.
John M. Reich,
Director.
[FR Doc. E7–475 Filed 1–16–07; 8:45 am]
BILLING CODE 6720–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25670; Directorate
Identifier 2006–NM–027–AD; Amendment
39–14868; AD 2006–26–10]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 B2 and B4 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A300 B2 and B4 series
airplanes. This AD requires revising the
airplane flight manual (AFM) to include
procedures for resetting the trim and
pitch trim levers after each landing,
determining which servomotor moves
the pitch trim control wheel, and doing
applicable other specified actions. This
AD also provides for optional
terminating actions for those
requirements. This AD results from a
report of a sudden nose-up movement
after disengagement of the autopilot in
cruise. We are issuing this AD to ensure
that the flightcrew is aware of the
procedures for resetting the trim and
pitch trim levers after each landing and
to prevent failure of the servomotors of
the pitch trim systems during flight.
Failure of the servomotors of the pitch
trim systems could result in
uncommanded nose-up movement of
the control surface of the pitch trim
systems after disengagement of the
autopilot in cruise.
DATES: This AD becomes effective
February 21, 2007.
The Director of the Federal Register
approved the incorporation by reference
SUMMARY:
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Fmt 4700
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of certain publications listed in the AD
as of February 21, 2007.
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:
Thomas Stafford, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1622; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
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.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A300 B2
and B4 series airplanes. That NPRM was
published in the Federal Register on
August 23, 2006 (71 FR 49385). That
NPRM proposed to require revising the
airplane flight manual (AFM) to include
procedures for resetting the trim and
pitch trim levers after each landing,
determining which servomotor moves
the pitch trim control wheel, and doing
applicable other specified actions. That
NPRM also provided for optional
terminating actions for those
requirements.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Include Procedures From
the Temporary Revision
ASTAR Air Cargo (ASTAR) requests
that paragraph (f) of the NPRM be
revised to include the AFM procedures
specified in French airworthiness
directive F–2003–291 R1, issued July 6,
2005. ASTAR notes that paragraph (f) of
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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations
the NPRM requires revising the AFM by
‘‘including the information in Airbus
A300 Temporary Revision (TR) 4.03.00/
04, Issue 02, dated November 18, 2003.’’
ASTAR states that TR 4.03.00/04 may
not be considered active nor accessible
from Airbus, and that the procedures are
not included in its A300 United States
AFM.
We agree with ASTAR’s request for
the stated reasons. We have revised
paragraphs (f) and (g) of this AD
accordingly.
Request To Incorporate by Reference
Service Information in the NPRM
The Modification and Replacement
Parts Association (MARPA) requests
that all service information referenced
in the NPRM be incorporated by
reference during the NPRM phase of the
rulemaking. MARPA states that, when a
service document is incorporated by
reference, it loses its private, protected
status and becomes itself a public
document. MARPA contends that public
laws such as ADs must be made public
because operators cannot comply with
ADs referencing private writings.
MARPA expresses concern that failing
to incorporate by reference essential
service information could result in a
court decision invalidating the AD.
We do not agree that service
information should be incorporated by
reference during the NPRM phase of
rulemaking. The Office of the Federal
Register (OFR) requires that service
information that is necessary to do the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This final rule
incorporates by reference the service
information necessary for doing the
requirements of this AD. Further, we
point out that while service information
that is incorporated by reference does
become public information, it does not
lose its copyright protection. For that
reason, we advise the public to contact
the manufacturer to obtain copies of the
referenced service information.
Request To Post Service Information on
the Docket Management System (DMS)
MARPA also requests that
incorporated by reference service
information be posted on the DMS.
MARPA states that the OFR’s stated
purpose of incorporating by reference
service information in the Federal
Register is brevity; to keep from
expanding the Federal Register
needlessly by publishing service
information already in the hands of the
affected individuals. MARPA also states
that affected individuals has
traditionally meant aircraft owners and
operators who are generally provided
service information by the
manufacturer. MARPA points out that a
new class of affected individuals has
emerged, since the majority of aircraft
maintenance is now done by specialty
shops instead of repair organizations,
component servicing and repairs shops,
etc. MARPA further points out that
distributing service information only to
aircraft owners who are possibly a
financing or leasing company, may not
actually reach the person responsible for
doing the AD.
In regard to MARPA’s request that
service information be made available to
the public by publication in the Federal
Register, we agree that incorporation by
reference was authorized to reduce the
volume of material published in the
Federal Register and the Code of
Federal Regulations. However, as
specified in the Federal Register
Document Drafting Handbook, the
1929
Director of the OFR decides when an
agency may incorporate material by
reference. As MARPA is aware, the OFR
files service information for public
inspection on the workday before the
date of publication of the AD at its office
in Washington, DC. As stated in the
Federal Register Document Drafting
Handbook, when service information is
filed for public inspection, anyone may
inspect or copy file service information
during the OFR’s hours of business.
Further questions regarding publication
of service information in the Federal
Register or incorporation by reference
should be directed to the OFR.
In regard to MARPA’s request to post
service information on the Department
of Transportation’s DMS, we are
currently in the process of reviewing
issues surrounding the posting of
service information on the DMS as part
of an AD docket. Once we have
thoroughly examined all aspects of this
issue and have made a final
determination, we will consider
whether our current practice needs to be
revised. No change to the final rule is
necessary in response to this comment.
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
The following table provides the
estimated costs for U.S. operators to
comply with this AD. The average labor
rate per hour is $80.
ESTIMATED COSTS
Action
Work hours
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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
13:05 Jan 16, 2007
Jkt 211001
None ...........
None ...........
$80 ........................................
80 ..........................................
23
23
$1,840
1,840.
3
3
Authority for This Rulemaking
Cost per airplane
1
1
AFM revision .........................
Determination if pitch trim
control wheel moves.
Optional replacement ............
Optional repetitive preventative maintenance tasks.
VerDate Aug<31>2005
Number of
U.S.-registered
airplanes
Parts
$264 ............
None ...........
504 ........................................
240, per task cycle ................
23
23
11,592.
5,520, per task cycle.
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
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Fleet cost
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
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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations
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:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–26–10 Airbus: Amendment 39–14868.
Docket No. FAA–2006–25670;
Directorate Identifier 2006–NM–027–AD.
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Effective Date
(a) This AD becomes effective February 21,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model
A300 airplanes; certificated in any category;
except the following airplanes:
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13:05 Jan 16, 2007
Jkt 211001
(1) Model A300 B4–220, A300 B4–203, and
A300 B2–203 airplanes in a forward facing
crew cockpit certified configuration;
(2) Model A300 B4–601, B4–603, B4–620,
and B4–622 airplanes;
(3) Model A300 B4–605R and B4–622R
airplanes;
(4) Model A300 F4–605R and F4–622R
airplanes; and
(5) Airbus Model A300 C4–605R Variant F
airplanes.
Unsafe Condition
(d) This AD results from a report of a
sudden nose-up movement after
disengagement of the autopilot in cruise. We
are issuing this AD to ensure that the
flightcrew is aware of the procedures for
resetting the trim and pitch trim levers after
each landing and to prevent failure of the
servomotors of the pitch trim systems during
flight. Failure of the servomotors of the pitch
trim systems could result in uncommanded
nose-up movement of the control surface of
the pitch trim systems after disengagement of
the autopilot in cruise.
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.
Revision of Airplane Flight Manual (AFM)
(f) Within 14 days after the effective date
of this AD, do the action specified in
paragraph (f)(1) or (f)(2) of this AD.
(1) Revise the Normal Procedures section
of the Airbus A300 Flight Manual to include
the information in Airbus A300 Temporary
Revision (TR) 4.03.00/04, Issue 02, dated
November 18, 2003, as specified in the TR.
Note 1: This may be done by inserting a
copy of TR 4.03.00/04, Issue 02, in the AFM.
When the TR or the statement specified in
paragraph (f)(2) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted in the
AFM, provided the relevant information in
the general revision is identical to that in the
TR or paragraph (f)(2) of this AD.
(2) Revise the Normal Procedures section
of the Airbus A300 Flight Manual to include
the following operational procedure. This
may be done by inserting a copy of this AD
in the AFM.
‘‘APPROACH AND LANDING’’
PITCH TRIM
—Set TRIM to 1° UP
—Set both PITCH TRIM levers to OFF
Note: Check pitch trim wheel and report
any movement to maintenance.’’
Determination if Pitch Trim Control Wheel
Moves
(g) Following accomplishment of the AFM
revision required by paragraph (f) of this AD:
After each landing and before shutting down
the engines, do the AFM procedures
specified in Airbus A300 TR 4.03.00/04,
Issue 02, dated November 18, 2003, or
paragraph (f)(2) of this AD.
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Determination if Servomotor Moves
(h) Before further flight after any
movement reported in accordance with
paragraph (g) of this AD, determine which
servomotor moves the pitch trim control
wheel, and do applicable other specified
actions in accordance with Airbus A300 TR
22–001, dated April 11, 2003, to Chapter 22–
23–00 of the Airbus A300 Fault Isolation
Manual.
Note 2: Airbus A300 TR 22–001 contains
a typographical error. The TR incorrectly
refers to ‘‘MM 22–23–39’’ as the appropriate
source of service information for replacing
the pitch trim actuator; the correct reference
is ‘‘MM 22–23–29.’’
Optional Replacement of the Pitch Trim
Servomotors
(i) Replace the pitch trim servomotors in
the attachment area of the horizontal and
vertical stabilizers with new servomotors, in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300–
22–0119, dated May 13, 2005.
Note 3: Airbus Service Bulletin A300–22–
0119, dated May 13, 2005, refers to Thales
Service Bulletin V1AM–22–005, Revision 01,
dated July 27, 2005, as an additional source
of service information for doing the
replacement.
Repetitive Preventative Maintenance Tasks
(j) Within 12,000 flight hours after
replacing one or both servomotors in
accordance with paragraph (h) or (i) of this
AD, or within 6 months after the effective
date of this AD, whichever occurs later, do
the preventative maintenance task of the
pitch trim servomotor(s), in accordance with
the Accomplishment Instructions of Airbus
Service Bulletin A300–22–0120, excluding
Appendix 01, dated May 13, 2005. Repeat the
preventative maintenance task thereafter at
intervals not to exceed 12,000 flight hours.
Note 4: Airbus Service Bulletin A300–22–
0120, dated May 13, 2005, refers to Thales
Service Bulletin V1AM–22–006, Revision 01,
dated July 26, 2005, as an additional source
of service information for doing the
preventative maintenance task.
Removal of AFM Revision
(k) After accomplishing the actions
specified in paragraph (i) and the initial task
in paragraph (j) of this AD, the AFM revision
required by paragraph (f) of this AD may be
removed, and the requirements of paragraphs
(g) and (h) of this AD are no longer required.
No Reporting
(l) Although Airbus Service Bulletin A300–
22–0120, dated May 13, 2005, specifies to
submit certain information to the
manufacturer, this AD does not include that
requirement.
Alternative Methods of Compliance
(AMOCs)
(m)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(n) French airworthiness directives F–
2003–291 R1, dated July 6, 2005, and F–
2005–109, dated July 6, 2005, also address
the subject of this AD.
Material Incorporated by Reference
(o) You must use the service information
in Table 1 of this AD to do the actions that
are required by this AD, unless the AD
specifies otherwise. If the optional
replacement is done, you must use the
service information in Table 2 of this AD to
do the replacement. 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 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.—MATERIAL INCORPORATED BY REFERENCE FOR REQUIRED ACTIONS
Service information
Revision/issue level
Date
(1) Airbus A300 Temporary Revision 22–001 to Chapter 22–23–00 of the Airbus A300 Fault Isolation Manual.
(2) Airbus A300 Temporary Revision 4.03.00/04 to Airbus 300 Flight Manual ..................................
(3) Airbus Service Bulletin A300–22–0120, excluding Appendix 01 ..................................................
Original ....................
April 11, 2003.
Issue 02 ...................
Original ....................
November 18, 2003.
May 13, 2005.
TABLE 2.—MATERIAL INCORPORATED BY REFERENCE FOR OPTIONAL ACTIONS
Service information
Revision level
Airbus Service Bulletin A300–22–0119 ...............................................................................................
Original ....................
Issued in Renton, Washington, on
December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–399 Filed 1–16–07; 8:45 am]
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1027
Virginia Street, East, Charleston, West
Virginia 25301, Telephone: (304) 347–
7158. E-mail: chfo@osmre.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
I. Background on the Abandoned Mine
Lands Reclamation Program
30 CFR Part 948
[WV–111–FOR]
West Virginia Abandoned Mine Lands
Reclamation Plan
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of
amendment.
mstockstill on PROD1PC61 with RULES
AGENCY:
SUMMARY: We (OSM) are announcing the
approval of an amendment to the West
Virginia Abandoned Mine Lands
Reclamation (AMLR) Plan under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The amendment makes numerous
revisions throughout the State’s AMLR
Plan, and it is intended to update and
improve the effectiveness of the West
Virginia AMLR Plan.
DATES: Effective date: January 17, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Roger W. Calhoun, Director, Charleston
VerDate Aug<31>2005
13:05 Jan 16, 2007
I. Background on the Abandoned Mine Lands
Reclamation Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
Jkt 211001
The West Virginia AMLR Program
was established by Title IV of SMCRA
(30 U.S.C. 1201 et seq.) in response to
concerns over extensive environmental
damage caused by past coal mining
activities. The program is funded by a
reclamation fee collected on each ton of
coal that is produced. The money
collected is used to finance the
reclamation of abandoned coal mines
and for other authorized activities.
Section 405 of the Act allows States and
Indian Tribes to assume exclusive
responsibility for reclamation activity
within the State or on Indian lands if
they develop and submit to the
Secretary of the Interior for approval, a
program (often referred to as a plan) for
the reclamation of abandoned coal
mined lands. The West Virginia AMLR
Plan was approved by OSM effective
February 23, 1981. You can find
additional information about the West
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Fmt 4700
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Date
May 13, 2005.
Virginia AMLR Plan at 30 CFR 948.20,
948.25, and 948.26.
II. Submission of the Amendment
By letter dated June 27, 2006
(Administrative Record Number WV–
1469), the West Virginia Department of
Environmental Protection (WVDEP),
Office of Abandoned Mine Lands and
Reclamation submitted an amendment
to its AMLR Plan under SMCRA (30
U.S.C. 1201 et seq.). The amendment
consists of numerous changes
throughout the AMLR Plan, some of
which concern the AML Enhancement
Rule. In its submittal of the amendment,
the WVDEP stated that the revision
incorporates the AML Enhancement
Rule at 30 CFR Parts 707 and 874, as
published by OSM in the Federal
Register on Friday, February 12, 1999
(64 FR 7470–7483).
In its submittal letter, the State noted
that the amendment also contains minor
organizational and operational changes.
Minor changes, such as organizational
changes, re-numbering of sections,
updating the name of departments or
agencies, deletion of historical narrative,
and the correction of typographical and
grammatical errors, are non-substantive
changes that do not affect the basis of
the original approval of the West
Virginia AMLR Plan. Therefore, we did
not identify such non-substantive
changes in our published proposed rule
notice.
We announced receipt of the
proposed amendment in the September
18, 2006, Federal Register (71 FR
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Agencies
[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Rules and Regulations]
[Pages 1928-1931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-399]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25670; Directorate Identifier 2006-NM-027-AD;
Amendment 39-14868; AD 2006-26-10]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2 and B4 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Model A300 B2 and B4 series airplanes. This AD requires
revising the airplane flight manual (AFM) to include procedures for
resetting the trim and pitch trim levers after each landing,
determining which servomotor moves the pitch trim control wheel, and
doing applicable other specified actions. This AD also provides for
optional terminating actions for those requirements. This AD results
from a report of a sudden nose-up movement after disengagement of the
autopilot in cruise. We are issuing this AD to ensure that the
flightcrew is aware of the procedures for resetting the trim and pitch
trim levers after each landing and to prevent failure of the
servomotors of the pitch trim systems during flight. Failure of the
servomotors of the pitch trim systems could result in uncommanded nose-
up movement of the control surface of the pitch trim systems after
disengagement of the autopilot in cruise.
DATES: This AD becomes effective February 21, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 21,
2007.
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: Thomas Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at 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.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Airbus Model
A300 B2 and B4 series airplanes. That NPRM was published in the Federal
Register on August 23, 2006 (71 FR 49385). That NPRM proposed to
require revising the airplane flight manual (AFM) to include procedures
for resetting the trim and pitch trim levers after each landing,
determining which servomotor moves the pitch trim control wheel, and
doing applicable other specified actions. That NPRM also provided for
optional terminating actions for those requirements.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Include Procedures From the Temporary Revision
ASTAR Air Cargo (ASTAR) requests that paragraph (f) of the NPRM be
revised to include the AFM procedures specified in French airworthiness
directive F-2003-291 R1, issued July 6, 2005. ASTAR notes that
paragraph (f) of
[[Page 1929]]
the NPRM requires revising the AFM by ``including the information in
Airbus A300 Temporary Revision (TR) 4.03.00/04, Issue 02, dated
November 18, 2003.'' ASTAR states that TR 4.03.00/04 may not be
considered active nor accessible from Airbus, and that the procedures
are not included in its A300 United States AFM.
We agree with ASTAR's request for the stated reasons. We have
revised paragraphs (f) and (g) of this AD accordingly.
Request To Incorporate by Reference Service Information in the NPRM
The Modification and Replacement Parts Association (MARPA) requests
that all service information referenced in the NPRM be incorporated by
reference during the NPRM phase of the rulemaking. MARPA states that,
when a service document is incorporated by reference, it loses its
private, protected status and becomes itself a public document. MARPA
contends that public laws such as ADs must be made public because
operators cannot comply with ADs referencing private writings. MARPA
expresses concern that failing to incorporate by reference essential
service information could result in a court decision invalidating the
AD.
We do not agree that service information should be incorporated by
reference during the NPRM phase of rulemaking. The Office of the
Federal Register (OFR) requires that service information that is
necessary to do the requirements of the AD be incorporated by reference
during the final rule phase of rulemaking. This final rule incorporates
by reference the service information necessary for doing the
requirements of this AD. Further, we point out that while service
information that is incorporated by reference does become public
information, it does not lose its copyright protection. For that
reason, we advise the public to contact the manufacturer to obtain
copies of the referenced service information.
Request To Post Service Information on the Docket Management System
(DMS)
MARPA also requests that incorporated by reference service
information be posted on the DMS. MARPA states that the OFR's stated
purpose of incorporating by reference service information in the
Federal Register is brevity; to keep from expanding the Federal
Register needlessly by publishing service information already in the
hands of the affected individuals. MARPA also states that affected
individuals has traditionally meant aircraft owners and operators who
are generally provided service information by the manufacturer. MARPA
points out that a new class of affected individuals has emerged, since
the majority of aircraft maintenance is now done by specialty shops
instead of repair organizations, component servicing and repairs shops,
etc. MARPA further points out that distributing service information
only to aircraft owners who are possibly a financing or leasing
company, may not actually reach the person responsible for doing the
AD.
In regard to MARPA's request that service information be made
available to the public by publication in the Federal Register, we
agree that incorporation by reference was authorized to reduce the
volume of material published in the Federal Register and the Code of
Federal Regulations. However, as specified in the Federal Register
Document Drafting Handbook, the Director of the OFR decides when an
agency may incorporate material by reference. As MARPA is aware, the
OFR files service information for public inspection on the workday
before the date of publication of the AD at its office in Washington,
DC. As stated in the Federal Register Document Drafting Handbook, when
service information is filed for public inspection, anyone may inspect
or copy file service information during the OFR's hours of business.
Further questions regarding publication of service information in the
Federal Register or incorporation by reference should be directed to
the OFR.
In regard to MARPA's request to post service information on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service information on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
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
The following table provides the estimated costs for U.S. operators
to comply with this AD. The average labor rate per hour is $80.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Parts Cost per airplane registered Fleet cost
airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFM revision.......................... 1 None...................... $80...................... 23 $1,840
Determination if pitch trim control 1 None...................... 80....................... 23 1,840.
wheel moves.
Optional replacement.................. 3 $264...................... 504...................... 23 11,592.
Optional repetitive preventative 3 None...................... 240, per task cycle...... 23 5,520, per task cycle.
maintenance tasks.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
[[Page 1930]]
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):
2006-26-10 Airbus: Amendment 39-14868. Docket No. FAA-2006-25670;
Directorate Identifier 2006-NM-027-AD.
Effective Date
(a) This AD becomes effective February 21, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A300 airplanes;
certificated in any category; except the following airplanes:
(1) Model A300 B4-220, A300 B4-203, and A300 B2-203 airplanes in
a forward facing crew cockpit certified configuration;
(2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes;
(3) Model A300 B4-605R and B4-622R airplanes;
(4) Model A300 F4-605R and F4-622R airplanes; and
(5) Airbus Model A300 C4-605R Variant F airplanes.
Unsafe Condition
(d) This AD results from a report of a sudden nose-up movement
after disengagement of the autopilot in cruise. We are issuing this
AD to ensure that the flightcrew is aware of the procedures for
resetting the trim and pitch trim levers after each landing and to
prevent failure of the servomotors of the pitch trim systems during
flight. Failure of the servomotors of the pitch trim systems could
result in uncommanded nose-up movement of the control surface of the
pitch trim systems after disengagement of the autopilot in cruise.
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.
Revision of Airplane Flight Manual (AFM)
(f) Within 14 days after the effective date of this AD, do the
action specified in paragraph (f)(1) or (f)(2) of this AD.
(1) Revise the Normal Procedures section of the Airbus A300
Flight Manual to include the information in Airbus A300 Temporary
Revision (TR) 4.03.00/04, Issue 02, dated November 18, 2003, as
specified in the TR.
Note 1: This may be done by inserting a copy of TR 4.03.00/04,
Issue 02, in the AFM. When the TR or the statement specified in
paragraph (f)(2) of this AD has been included in the general
revisions of the AFM, the general revisions may be inserted in the
AFM, provided the relevant information in the general revision is
identical to that in the TR or paragraph (f)(2) of this AD.
(2) Revise the Normal Procedures section of the Airbus A300
Flight Manual to include the following operational procedure. This
may be done by inserting a copy of this AD in the AFM.
``APPROACH AND LANDING''
PITCH TRIM
--Set TRIM to 1[deg] UP
--Set both PITCH TRIM levers to OFF
Note: Check pitch trim wheel and report any movement to
maintenance.''
Determination if Pitch Trim Control Wheel Moves
(g) Following accomplishment of the AFM revision required by
paragraph (f) of this AD: After each landing and before shutting
down the engines, do the AFM procedures specified in Airbus A300 TR
4.03.00/04, Issue 02, dated November 18, 2003, or paragraph (f)(2)
of this AD.
Determination if Servomotor Moves
(h) Before further flight after any movement reported in
accordance with paragraph (g) of this AD, determine which servomotor
moves the pitch trim control wheel, and do applicable other
specified actions in accordance with Airbus A300 TR 22-001, dated
April 11, 2003, to Chapter 22-23-00 of the Airbus A300 Fault
Isolation Manual.
Note 2: Airbus A300 TR 22-001 contains a typographical error.
The TR incorrectly refers to ``MM 22-23-39'' as the appropriate
source of service information for replacing the pitch trim actuator;
the correct reference is ``MM 22-23-29.''
Optional Replacement of the Pitch Trim Servomotors
(i) Replace the pitch trim servomotors in the attachment area of
the horizontal and vertical stabilizers with new servomotors, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-22-0119, dated May 13, 2005.
Note 3: Airbus Service Bulletin A300-22-0119, dated May 13,
2005, refers to Thales Service Bulletin V1AM-22-005, Revision 01,
dated July 27, 2005, as an additional source of service information
for doing the replacement.
Repetitive Preventative Maintenance Tasks
(j) Within 12,000 flight hours after replacing one or both
servomotors in accordance with paragraph (h) or (i) of this AD, or
within 6 months after the effective date of this AD, whichever
occurs later, do the preventative maintenance task of the pitch trim
servomotor(s), in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-22-0120, excluding Appendix 01, dated
May 13, 2005. Repeat the preventative maintenance task thereafter at
intervals not to exceed 12,000 flight hours.
Note 4: Airbus Service Bulletin A300-22-0120, dated May 13,
2005, refers to Thales Service Bulletin V1AM-22-006, Revision 01,
dated July 26, 2005, as an additional source of service information
for doing the preventative maintenance task.
Removal of AFM Revision
(k) After accomplishing the actions specified in paragraph (i)
and the initial task in paragraph (j) of this AD, the AFM revision
required by paragraph (f) of this AD may be removed, and the
requirements of paragraphs (g) and (h) of this AD are no longer
required.
No Reporting
(l) Although Airbus Service Bulletin A300-22-0120, dated May 13,
2005, specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(m)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to
[[Page 1931]]
which the AMOC applies, notify the appropriate principal inspector
in the FAA Flight Standards Certificate Holding District Office.
Related Information
(n) French airworthiness directives F-2003-291 R1, dated July 6,
2005, and F-2005-109, dated July 6, 2005, also address the subject
of this AD.
Material Incorporated by Reference
(o) You must use the service information in Table 1 of this AD
to do the actions that are required by this AD, unless the AD
specifies otherwise. If the optional replacement is done, you must
use the service information in Table 2 of this AD to do the
replacement. 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 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.--Material Incorporated by Reference for Required Actions
----------------------------------------------------------------------------------------------------------------
Service information Revision/issue level Date
----------------------------------------------------------------------------------------------------------------
(1) Airbus A300 Temporary Revision 22- Original........................... April 11, 2003.
001 to Chapter 22-23-00 of the Airbus
A300 Fault Isolation Manual.
(2) Airbus A300 Temporary Revision Issue 02........................... November 18, 2003.
4.03.00/04 to Airbus 300 Flight
Manual.
(3) Airbus Service Bulletin A300-22- Original........................... May 13, 2005.
0120, excluding Appendix 01.
----------------------------------------------------------------------------------------------------------------
Table 2.--Material Incorporated by Reference for Optional Actions
----------------------------------------------------------------------------------------------------------------
Service information Revision level Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A300-22-0119.. Original........................... May 13, 2005.
----------------------------------------------------------------------------------------------------------------
Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-399 Filed 1-16-07; 8:45 am]
BILLING CODE 4910-13-P