Airworthiness Directives; Airbus Model A300 Airplanes; and Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes), 3712-3715 [E7-1079]

Download as PDF 3712 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations Unsafe Condition (d) This AD results from reports of findings of small cracks in the polyester assembly block in which the cotton escape rope is stored. A test revealed that the escape ropes had deteriorated over time, and the load capability was considerably reduced. We are issuing this AD to ensure that flightcrew members safely reach the ground after exiting the flight compartment window during an emergency evacuation. 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. Replacement (f) Within 12 months after the effective date of this AD: Remove the two existing escape rope assemblies in the flight compartment and install new escape rope assemblies in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF50–25–059 (for Model F27 Mark 050 airplanes); and Fokker Service Bulletin SBF100–25–099 (for Model F.28 Mark 0070 and 0100 airplanes); both dated June 28, 2004. Repeat the removal and installation thereafter at intervals not to exceed 72 months. Alternative Methods of Compliance (AMOCs) (g)(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 which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. mstockstill on PROD1PC62 with RULES Related Information (h) Dutch airworthiness directive 2004– 159, dated December 24, 2004, also addresses the subject of this AD. Material Incorporated by Reference (i) You must use Fokker Service Bulletin SBF50–25–059, dated June 28, 2004; or Fokker Service Bulletin SBF100–25–099, dated June 28, 2004; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., P.O. Box 231, 2150 AE NieuwVennep, the Netherlands, 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. VerDate Aug<31>2005 15:24 Jan 25, 2007 Jkt 211001 Issued in Renton, Washington, on January 17, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–1078 Filed 1–25–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–25891; Directorate Identifier 2006–NM–186–AD; Amendment 39–14908; AD 2007–02–21] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 Airplanes; and Model A300 B4– 600, B4–600R, and F4–600R Series Airplanes, and Model C4–605R Variant F Airplanes (Collectively Called A300– 600 Series Airplanes) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A300 airplanes; and Model A300 B4–600, B4–600R, and F4– 600R series airplanes, and Model C4– 605R Variant F airplanes (collectively called A300–600 series airplanes). This AD requires replacing the pressure limiter of the parking brake system with a new or modified pressure limiter. This AD results from a report indicating that failure of the parking brake system occurred on a Model A300–600 airplane. We are issuing this AD to prevent failure of the parking brake system and interference with emergency use of the brake pedals, which could lead to airplane collision with surrounding objects or departure from the runway. DATES: This AD becomes effective March 2, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 2, 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Tom Stafford, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1622; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 and A310 airplanes; and Model A300 B4– 600, B4–600R, and F4–600R series airplanes, and Model C4–605R Variant F airplanes (collectively called A300–600 series airplanes). That NPRM was published in the Federal Register on September 26, 2006 (71 FR 56054). That NPRM proposed to require replacing the pressure limiter of the parking brake system with a new or modified pressure limiter. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Refer To Revised Service Information Airbus has informed us that the applicable service bulletins identified in the NPRM have all been reissued at Revision 01, and requests that we revise the NPRM to refer to Airbus Service Bulletins A300–32–0448 and A300–32– 6094, both Revision 01, both dated October 26, 2006. However, Airbus has determined that the subject modification is incompatible with Model A310 airplanes and informed the European Aviation Safety Agency (EASA) of this situation. Airbus states that: • EASA intends to revise EASA airworthiness directive 2006–0178, dated June 26, 2006, to remove Model A310 airplanes from the effectivity; • Airbus intends to issue a new revision of Service Bulletin A310–32– 2133 with a revised modification for Model A310 airplanes; and E:\FR\FM\26JAR1.SGM 26JAR1 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations mstockstill on PROD1PC62 with RULES • EASA intends to issue a new airworthiness directive to address the revised issue of Service Bulletin A310– 32–2133 and to mandate the revised modification for Model A310 airplanes. Airbus therefore requests that we remove all references to Model A310 airplanes from the effectivity of the NPRM and Service Bulletin A310–32– 2133, dated February 2, 2006, from the NPRM. We agree for the reasons stated. We have removed all references to Model A310 airplanes and Service Bulletin A310–32–2133 from the summary, estimated costs, applicability, and body of the AD. Further, we have reviewed Service Bulletins A300–32–0448 and A300–32–6094, both Revision 01, both dated October 2, 2006. Certain airplanes have been removed and the operator listings have been updated in the effectivities of the revised service bulletins, but no new work is described. As these changes are relieving in nature and reduce the number of affected airplanes, we have determined that it is not necessary to provide additional time for public comment. Therefore, we have changed Table 1 of paragraph (f) of the AD to reflect the revised service bulletins. We have also added new paragraph (g) to the AD to give credit for actions accomplished before the effective date of the AD in accordance with the original issues of the service bulletins and re-identified the subsequent paragraphs of the AD accordingly. In regard to Model A310 airplanes, when Airbus and EASA have issued revised documentation, we may consider further rulemaking then. Request To Refer to EASA Airworthiness Directive One commenter, Lufthansa Technik AG, requests that we refer to EASA airworthiness directive 2006–0178, dated June 26, 2006, in the AD. The commenter states that it would be helpful for European airlines if we specified that the content of the NPRM already appears in the EASA airworthiness directive and that accomplishing the requirements of the EASA airworthiness directive is acceptable for compliance with the requirements of the AD. We partially agree. Paragraph (i), ‘‘Related Information,’’ of the NPRM (paragraph (j) of the final rule), identifies EASA airworthiness directive 2006–0178, dated June 26, 2006, as being related to the subject of this AD; the NPRM was written to directly reflect the content of the EASA airworthiness directive. While airplanes placed on the U.S. Register must comply with this AD, airplanes placed on European registries VerDate Aug<31>2005 15:24 Jan 25, 2007 Jkt 211001 must comply with the EASA airworthiness directive. No change to the AD is needed in this regard. Request To Change Incorporation of Certain Information One commenter, the Modification and Replacement Parts Association (MARPA), requests that we revise our procedures for incorporation by reference (IBR) of service information in ADs. MARPA asserts that ADs are frequently derived from privatelyauthored, copyright-protected manufacturer service documents, but that when such a document is incorporated by reference into a public document like an AD, it loses its private, protected status and becomes itself a public document. MARPA continues, stating that public laws by definition must be public and cannot rely for compliance upon private writings, and that unless such writings are incorporated by reference, a court of law will not consider them in interpreting the AD and might invalidate the AD. MARPA contends that IBR service documents should be published in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA states that IBR was adopted to relieve the Office of the Federal Register (OFR) from publishing documents already held by affected individuals, which traditionally meant aircraft owners and operators who received service information from manufacturers. However, MARPA contends that a new affected class of maintenance and repair organizations (MRO), component service and repair shops, parts purveyors and distributors, and organizations that manufacture or service alternatively certified parts under section 21.303 of the Federal Aviation Regulations (14 CFR 21.303) now perform a majority of aircraft maintenance. MARPA continues, stating that service information distributed to owners and operators who are financing or leasing institutions may not reach this class, who may actually be responsible for accomplishing ADs. MARPA therefore requests that service documents deemed essential to accomplishing this proposed action be (1) incorporated by reference into the regulatory instrument, and (2) published in the DMS. We understand MARPA’s comment and its requests. The 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 documents necessary for the accomplishment of the requirements PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 3713 mandated by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. In regard to MARPA’s request to post service bulletins on the Department of Transportation’s DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to the final rule is necessary in response to this comment. Request To Revise Specification of Replacement Parts MARPA requests that we revisit the manner in which replacement parts are addressed in the NPRM. MARPA asserts that type certificate holders, particularly foreign manufacturers, almost universally ignore any possible parts approved under a parts manufacturer approval (PMA) while frequently specifying replacing a part with a part having a different part number as a corrective action in their service documents. MARPA contends that this runs afoul of 14 CFR 21.303 which permits development, certification, and installation of PMA parts. MARPA continues, stating that mandating only one part is not generally favored and can prevent installing perfectly good parts while prohibiting development of new parts as permitted under 14 CFR 21.303. MARPA expresses concern that this could change the basis of the AD, since prohibiting the development, sale and use of a perfectly airworthy part is an issue of economics rather than safety. MARPA contends that courts might construe such ADs as being outside their statutory basis and, as such, unenforceable; and therefore, as courts lack technical knowledge to rewrite specific portions of rules, the courts may simply void such rules. MARPA believes that identifying specifically numbered parts for installation should be only one of several methods of addressing the problem. MARPA continues, stating that this action, as written, also does not comply with proposed FAA Order 8040.2 which would permit the use of any PMA part and require including such parts in the applicability of the AD. MARPA states that other directorates have published ADs containing language permitting the use of ‘‘FAA-approved equivalent parts’’ E:\FR\FM\26JAR1.SGM 26JAR1 3714 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations or ‘‘airworthy parts,’’ and, because of these differences, the requirements of Executive Order 12866 for all agencies to act uniformly on a given issue are not being met. MARPA therefore requests that the NPRM be modified to consider and permit the use of PMA parts pursuant to existing laws and regulations. We do not agree with this request. 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; however, FAA Order 8040.5 does not address PMA parts in ADs. We acknowledge the need to ensure that unsafe PMA parts are identified and addressed in MCAI-related ADs. Further, the FAA recognizes the need for standardizing directorate policies and is currently in the process of reviewing issues that address the use of PMAs in ADs at the national level. Once we have made a final determination, we will consider how our policy regarding PMA parts in ADs needs to be revised. 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 final rule in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD will affect about 165 airplanes of U.S. registry. The required actions will take about 2 work hours per airplane, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, the estimated cost of the AD for U.S. operators is $26,400, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment 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 2007–02–21 Airbus: Amendment 39–14908. Docket No. FAA–2006–25891; Directorate Identifier 2006–NM–186–AD. Effective Date (a) This AD becomes effective March 2, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A300 airplanes; and Model A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4– 605R, F4–622R, and C4–605R Variant F airplanes; certificated in any category; except for airplanes on which Airbus Modification 12994 has been embodied in production. Unsafe Condition (d) This AD results from a report indicating that failure of the parking brake system occurred on a Model A300–600 airplane. We are issuing this AD to prevent failure of the parking brake system and interference with emergency use of the brake pedals, which could lead to airplane collision with surrounding objects or departure from the runway. 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. Pressure Limiter Replacement (f) Within 18 months after the effective date of this AD, replace the pressure limiter of the parking brake system with a new or modified pressure limiter having part number (P/N) C24264–303 or C24264004–1, as applicable, in accordance with the Accomplishment Instructions of the applicable service bulletin specified in Table 1 of this AD. mstockstill on PROD1PC62 with RULES TABLE 1.—AIRBUS SERVICE INFORMATION For all model— Use Airbus Service Bulletin— Revision level— A300 airplanes ..................................................................................................................... A300–32–0448 ...... 01 VerDate Aug<31>2005 15:24 Jan 25, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\26JAR1.SGM 26JAR1 Date— October 2, 2006. 3715 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations TABLE 1.—AIRBUS SERVICE INFORMATION—Continued For all model— Use Airbus Service Bulletin— Revision level— A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–622R, and C4–605R Variant F airplanes. A300–32–6094 ...... 01 Note 1: The Airbus service bulletins refer to Messier-Bugatti Service Bulletin C24264– 32–848, dated February 15, 2006, as an additional source of service information for modifying the parking brake pressure limiter. Actions Accomplished According to Previously Issued Service Information (g) Actions accomplished before the effective date of this AD according to the Date— October 2, 2006. applicable service bulletin specified in Table 2 of this AD are considered acceptable for compliance with the corresponding action specified in this AD. TABLE 2.—PREVIOUSLY ISSUED SERVICE INFORMATION Model Airbus Service Bulletin Dated A300 airplanes ........................................................................................................................................... A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–622R, and C4–605R Variant F airplanes. A300–32–0448 ... A300–32–6094 ... February 22, 2006. February 22, 2006. Parts Installation (h) As of the effective date of this AD, no person may install, on the parking brake system of any airplane, a pressure limiter having P/N C24264–302 or C24264004. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM–116, 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 which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (j) European Aviation Safety Agency (EASA) airworthiness directive 2006–0178, dated June 26, 2006, also addresses the subject of this AD. Material Incorporated by Reference (k) You must use the applicable service information specified in Table 3 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the Internet at 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 3.—MATERIAL INCORPORATED BY REFERENCE Airbus Service Bulletin Revision level A300–32–0448 .............................................................................................................................................. A300–32–6094 .............................................................................................................................................. Issued in Renton, Washington, on January 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–1079 Filed 1–25–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24891; Directorate Identifier 2006–NM–080–AD; Amendment 39–14910; AD 2007–02–23] RIN 2120–AA64 Airworthiness Directives; Boeing Model 777–200, –300, and –300ER Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. mstockstill on PROD1PC62 with RULES AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain VerDate Aug<31>2005 15:24 Jan 25, 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 01 01 Date October 2, 2006. October 2, 2006. Boeing Model 777–200, –300, and –300ER series airplanes. This AD requires replacement of the gimbal plates of the left and right outboard trailing edge flaps with improved gimbal plates and other specified actions. This AD results from a broken pivot link found on the inboard support for the outboard trailing edge flap. We are issuing this AD to prevent disconnection of the drive arm from its drive gimbal, due to a broken pivot link on an outboard flap support, which could result in unexpected roll of the airplane and loss of control of the airplane. This AD becomes effective March 2, 2007. The Director of the Federal Register approved the incorporation by reference DATES: E:\FR\FM\26JAR1.SGM 26JAR1

Agencies

[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3712-3715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1079]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25891; Directorate Identifier 2006-NM-186-AD;
Amendment 39-14908; AD 2007-02-21]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 Airplanes; and Model
A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R
Variant F Airplanes (Collectively Called A300-600 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 airplanes; and Model A300 B4-600, B4-600R,
and F4-600R series airplanes, and Model C4-605R Variant F airplanes
(collectively called A300-600 series airplanes). This AD requires
replacing the pressure limiter of the parking brake system with a new
or modified pressure limiter. This AD results from a report indicating
that failure of the parking brake system occurred on a Model A300-600
airplane. We are issuing this AD to prevent failure of the parking
brake system and interference with emergency use of the brake pedals,
which could lead to airplane collision with surrounding objects or
departure from the runway.

DATES: This AD becomes effective March 2, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 2, 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: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (AD) docket on the
Internet at 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 and A310 airplanes; and Model A300 B4-600, B4-600R, and F4-600R
series airplanes, and Model C4-605R Variant F airplanes (collectively
called A300-600 series airplanes). That NPRM was published in the
Federal Register on September 26, 2006 (71 FR 56054). That NPRM
proposed to require replacing the pressure limiter of the parking brake
system with a new or modified pressure limiter.

Comments

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

Request To Refer To Revised Service Information

Airbus has informed us that the applicable service bulletins
identified in the NPRM have all been reissued at Revision 01, and
requests that we revise the NPRM to refer to Airbus Service Bulletins
A300-32-0448 and A300-32-6094, both Revision 01, both dated October 26,
2006. However, Airbus has determined that the subject modification is
incompatible with Model A310 airplanes and informed the European
Aviation Safety Agency (EASA) of this situation. Airbus states that:
EASA intends to revise EASA airworthiness directive 2006-
0178, dated June 26, 2006, to remove Model A310 airplanes from the
effectivity;
Airbus intends to issue a new revision of Service Bulletin
A310-32-2133 with a revised modification for Model A310 airplanes; and

[[Page 3713]]

EASA intends to issue a new airworthiness directive to
address the revised issue of Service Bulletin A310-32-2133 and to
mandate the revised modification for Model A310 airplanes.

Airbus therefore requests that we remove all references to Model A310
airplanes from the effectivity of the NPRM and Service Bulletin A310-
32-2133, dated February 2, 2006, from the NPRM.
We agree for the reasons stated. We have removed all references to
Model A310 airplanes and Service Bulletin A310-32-2133 from the
summary, estimated costs, applicability, and body of the AD. Further,
we have reviewed Service Bulletins A300-32-0448 and A300-32-6094, both
Revision 01, both dated October 2, 2006. Certain airplanes have been
removed and the operator listings have been updated in the
effectivities of the revised service bulletins, but no new work is
described. As these changes are relieving in nature and reduce the
number of affected airplanes, we have determined that it is not
necessary to provide additional time for public comment. Therefore, we
have changed Table 1 of paragraph (f) of the AD to reflect the revised
service bulletins. We have also added new paragraph (g) to the AD to
give credit for actions accomplished before the effective date of the
AD in accordance with the original issues of the service bulletins and
re-identified the subsequent paragraphs of the AD accordingly. In
regard to Model A310 airplanes, when Airbus and EASA have issued
revised documentation, we may consider further rulemaking then.

Request To Refer to EASA Airworthiness Directive

One commenter, Lufthansa Technik AG, requests that we refer to EASA
airworthiness directive 2006-0178, dated June 26, 2006, in the AD. The
commenter states that it would be helpful for European airlines if we
specified that the content of the NPRM already appears in the EASA
airworthiness directive and that accomplishing the requirements of the
EASA airworthiness directive is acceptable for compliance with the
requirements of the AD.
We partially agree. Paragraph (i), ``Related Information,'' of the
NPRM (paragraph (j) of the final rule), identifies EASA airworthiness
directive 2006-0178, dated June 26, 2006, as being related to the
subject of this AD; the NPRM was written to directly reflect the
content of the EASA airworthiness directive. While airplanes placed on
the U.S. Register must comply with this AD, airplanes placed on
European registries must comply with the EASA airworthiness directive.
No change to the AD is needed in this regard.

Request To Change Incorporation of Certain Information

One commenter, the Modification and Replacement Parts Association
(MARPA), requests that we revise our procedures for incorporation by
reference (IBR) of service information in ADs. MARPA asserts that ADs
are frequently derived from privately-authored, copyright-protected
manufacturer service documents, but that when such a document is
incorporated by reference into a public document like an AD, it loses
its private, protected status and becomes itself a public document.
MARPA continues, stating that public laws by definition must be public
and cannot rely for compliance upon private writings, and that unless
such writings are incorporated by reference, a court of law will not
consider them in interpreting the AD and might invalidate the AD. MARPA
contends that IBR service documents should be published in the Docket
Management System (DMS), keyed to the action that incorporates them.
MARPA states that IBR was adopted to relieve the Office of the Federal
Register (OFR) from publishing documents already held by affected
individuals, which traditionally meant aircraft owners and operators
who received service information from manufacturers. However, MARPA
contends that a new affected class of maintenance and repair
organizations (MRO), component service and repair shops, parts
purveyors and distributors, and organizations that manufacture or
service alternatively certified parts under section 21.303 of the
Federal Aviation Regulations (14 CFR 21.303) now perform a majority of
aircraft maintenance. MARPA continues, stating that service information
distributed to owners and operators who are financing or leasing
institutions may not reach this class, who may actually be responsible
for accomplishing ADs. MARPA therefore requests that service documents
deemed essential to accomplishing this proposed action be (1)
incorporated by reference into the regulatory instrument, and (2)
published in the DMS.
We understand MARPA's comment and its requests. The 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 documents
necessary for the accomplishment of the requirements mandated by this
AD. Further, we point out that while documents that are incorporated by
reference do become public information, they do not lose their
copyright protection. For that reason, we advise the public to contact
the manufacturer to obtain copies of the referenced service
information.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.

Request To Revise Specification of Replacement Parts

MARPA requests that we revisit the manner in which replacement
parts are addressed in the NPRM. MARPA asserts that type certificate
holders, particularly foreign manufacturers, almost universally ignore
any possible parts approved under a parts manufacturer approval (PMA)
while frequently specifying replacing a part with a part having a
different part number as a corrective action in their service
documents. MARPA contends that this runs afoul of 14 CFR 21.303 which
permits development, certification, and installation of PMA parts.
MARPA continues, stating that mandating only one part is not generally
favored and can prevent installing perfectly good parts while
prohibiting development of new parts as permitted under 14 CFR 21.303.
MARPA expresses concern that this could change the basis of the AD,
since prohibiting the development, sale and use of a perfectly
airworthy part is an issue of economics rather than safety. MARPA
contends that courts might construe such ADs as being outside their
statutory basis and, as such, unenforceable; and therefore, as courts
lack technical knowledge to rewrite specific portions of rules, the
courts may simply void such rules. MARPA believes that identifying
specifically numbered parts for installation should be only one of
several methods of addressing the problem. MARPA continues, stating
that this action, as written, also does not comply with proposed FAA
Order 8040.2 which would permit the use of any PMA part and require
including such parts in the applicability of the AD. MARPA states that
other directorates have published ADs containing language permitting
the use of ``FAA-approved equivalent parts''

[[Page 3714]]

or ``airworthy parts,'' and, because of these differences, the
requirements of Executive Order 12866 for all agencies to act uniformly
on a given issue are not being met. MARPA therefore requests that the
NPRM be modified to consider and permit the use of PMA parts pursuant
to existing laws and regulations.
We do not agree with this request. 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; however, FAA Order 8040.5 does
not address PMA parts in ADs.
We acknowledge the need to ensure that unsafe PMA parts are
identified and addressed in MCAI-related ADs. Further, the FAA
recognizes the need for standardizing directorate policies and is
currently in the process of reviewing issues that address the use of
PMAs in ADs at the national level. Once we have made a final
determination, we will consider how our policy regarding PMA parts in
ADs needs to be revised. 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 final rule
in this regard.

Conclusion

We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

This AD will affect about 165 airplanes of U.S. registry. The
required actions will take about 2 work hours per airplane, at an
average labor rate of $80 per work hour. The manufacturer states that
it will supply required parts to the operators at no cost. Based on
these figures, the estimated cost of the AD for U.S. operators is
$26,400, or $160 per airplane.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

2007-02-21 Airbus: Amendment 39-14908. Docket No. FAA-2006-25891;
Directorate Identifier 2006-NM-186-AD.

Effective Date

(a) This AD becomes effective March 2, 2007.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Airbus Model A300 airplanes; and Model
A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-
622R, and C4-605R Variant F airplanes; certificated in any category;
except for airplanes on which Airbus Modification 12994 has been
embodied in production.

Unsafe Condition

(d) This AD results from a report indicating that failure of the
parking brake system occurred on a Model A300-600 airplane. We are
issuing this AD to prevent failure of the parking brake system and
interference with emergency use of the brake pedals, which could
lead to airplane collision with surrounding objects or departure
from the runway.

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.

Pressure Limiter Replacement

(f) Within 18 months after the effective date of this AD,
replace the pressure limiter of the parking brake system with a new
or modified pressure limiter having part number (P/N) C24264-303 or
C24264004-1, as applicable, in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in Table 1
of this AD.

Table 1.--Airbus Service Information
----------------------------------------------------------------------------------------------------------------
Revision
For all model-- Use Airbus Service Bulletin-- level-- Date--
----------------------------------------------------------------------------------------------------------------
A300 airplanes...................... A300-32-0448.................. 01 October 2, 2006.

[[Page 3715]]

A300 B4-601, B4-603, B4-620, B4-622, A300-32-6094.................. 01 October 2, 2006.
B4-605R, B4-622R, F4-605R, F4-622R,
and C4-605R Variant F airplanes.
----------------------------------------------------------------------------------------------------------------

Note 1: The Airbus service bulletins refer to Messier-Bugatti
Service Bulletin C24264-32-848, dated February 15, 2006, as an
additional source of service information for modifying the parking
brake pressure limiter.

Actions Accomplished According to Previously Issued Service Information

(g) Actions accomplished before the effective date of this AD
according to the applicable service bulletin specified in Table 2 of
this AD are considered acceptable for compliance with the
corresponding action specified in this AD.

Table 2.--Previously Issued Service Information
----------------------------------------------------------------------------------------------------------------
Model Airbus Service Bulletin Dated
----------------------------------------------------------------------------------------------------------------
A300 airplanes.......................... A300-32-0448..................... February 22, 2006.
A300 B4-601, B4-603, B4-620, B4-622, B4- A300-32-6094..................... February 22, 2006.
605R, B4-622R, F4-605R, F4-622R, and C4-
605R Variant F airplanes.
----------------------------------------------------------------------------------------------------------------

Parts Installation

(h) As of the effective date of this AD, no person may install,
on the parking brake system of any airplane, a pressure limiter
having P/N C24264-302 or C24264004.

Alternative Methods of Compliance (AMOCs)

(i)(1) The Manager, International Branch, ANM-116, FAA, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.

Related Information

(j) European Aviation Safety Agency (EASA) airworthiness
directive 2006-0178, dated June 26, 2006, also addresses the subject
of this AD.

Material Incorporated by Reference

(k) You must use the applicable service information specified in
Table 3 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of these documents
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France,
for a copy of this service information. You may review copies at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC;
on the Internet at 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 3.--Material Incorporated by Reference
------------------------------------------------------------------------
Airbus Service Bulletin Revision level Date
------------------------------------------------------------------------
A300-32-0448................. 01 October 2, 2006.
A300-32-6094................. 01 October 2, 2006.
------------------------------------------------------------------------

Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-1079 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P

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