Airworthiness Directives; Airbus Model A300 B4-605R Airplanes and Model A310-308, -324, and -325 Airplanes, 3925-3928 [E7-1198]

Download as PDF 3925 Rules and Regulations Federal Register Vol. 72, No. 18 Monday, January 29, 2007 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Dated: January 23, 2007. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E7–1328 Filed 1–26–07; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 FARM CREDIT ADMINISTRATION 12 CFR Parts 603, 605, 608, and 611 [Docket No. FAA–2006–26047; Directorate Identifier 2006–NM–146–AD; Amendment 39–14906; AD 2007–02–19] RIN 3052–AC34 RIN 2120–AA64 Privacy Act Regulations; Information; Collection of Claims Owed the United States; Organization; Privacy and Security Information; Effective Date Airworthiness Directives; Airbus Model A300 B4–605R Airplanes and Model A310–308, –324, and –325 Airplanes AGENCY: ACTION: Farm Credit Administration. Notice of effective date. SUMMARY: The Farm Credit Administration (FCA) published a final rule under parts 603, 605, 608, and 611 on September 20, 2006 (71 FR 54899). This final rule updates and amends the regulations regarding privacy and security information and other matters. This action was taken to correct certain citations in the regulations and to conform the regulations to Executive order 13292. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is January 23, 2007. The regulation amending 12 CFR parts 603, 605, 608, and 611, published on September 20, 2006 (71 FR 54899) is effective January 23, 2007. EFFECTIVE DATE: rmajette on PROD1PC67 with RULES FOR FURTHER INFORMATION CONTACT: Mike Wilson, Policy Analyst, Office of Policy and Analysis, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4498, TTY (703) 883– 4434; or Bob Taylor, Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4020, TTY (703) 883– 4020. (12 U.S.C. 2252(a)(9) and (10)) VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 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 B4–605R airplanes and Model A310–308, –324, and –325 airplanes. This AD requires modifying the Bruce floor plan electrical emergency path marking system (FPEEPMS) and, for certain airplanes, modifying the automatic switching of the emergency lighting system. This AD results from a report that in the case of vertical separation of the fuselage forward of door 1, the FPEEPMS and the exit signs do not turn on. We are issuing this AD to prevent inadequate lighting and marking of the escape path, which could delay or impede the flightcrew and passengers when exiting the airplane during an emergency landing. DATES: This AD becomes effective March 5, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 5, 2007. ADDRESSES: You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. PO 00000 Frm 00001 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 http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A300 B4– 605R airplanes and Model A310–308, –324, and –325 airplanes. That NPRM was published in the Federal Register on October 12, 2006 (71 FR 60089). That NPRM proposed to require modifying the Bruce floor plan electrical emergency path marking system (FPEEPMS) and, for certain airplanes, modifying the automatic switching of the emergency lighting system. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Change Incorporation of Certain Information The Modification and Replacement Parts Association (MARPA) states that, typically, airworthiness directives are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an airworthiness directive, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a E:\FR\FM\29JAR1.SGM 29JAR1 3926 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document; by definition, public laws must be public, which means they cannot rely upon private writings. MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the Federal Register needlessly by publishing documents already in the hands of the affected individuals; traditionally, ‘‘affected individuals’’ means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (‘‘Replacement and modification parts’’) of the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than on paper. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument and published in the DMS. We understand MARPA’s comment concerning incorporation by reference. The Office of the Federal Register (OFR) requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the 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 the commenter’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 Add FAA Intent To Incorporate Certain Service Bulletins by Reference in the NPRM MARPA requests that, during the NPRM stage of AD rulemaking, the FAA state its intent to incorporate by reference (IBR) any relevant service information. MARPA states that without such a statement in the NPRM, it is unclear whether the relevant service information will be incorporated by reference in the final rule. The FAA does not concur with the commenter’s request. When we reference certain service information in a proposed AD, the public can assume we intend to IBR that service information, as required by the Office of the Federal Register. No change to this final rule is necessary in regard to the commenter’s request. 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 as proposed. Costs of Compliance The following table provides the estimated costs for the U.S. operator to comply with this AD. ESTIMATED COSTS Average labor rate per hour Action Work hours Modification of FPEEPMS ............ Between 44 and 47. 14 ....................... Modification of automatic switching. rmajette on PROD1PC67 with RULES 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 VerDate Aug<31>2005 14:49 Jan 26, 2007 Jkt 211001 $80 80 Parts Cost per airplane Between $2,570 and $2,690. Between $534 and $727. Between $6,090 and $6,450. Between $1,654 and $1,847. 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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Number of U.S.registered airplanes 1 1 Fleet cost Between $6,090 and $6,450. Between $1,654 and $1,847. 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. E:\FR\FM\29JAR1.SGM 29JAR1 3927 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations 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 2007–02–19 Airbus: Amendment 39–14906. Docket No. FAA–2006–26047; Directorate Identifier 2006–NM–146–AD. Effective Date (a) This AD becomes effective March 5, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A300 B4–605R airplanes and Model A310–308, –324, and –325 airplanes, certificated in any category; on which Airbus Modification 06810 or 06934 (Bruce floor proximity emergency escape path marking system (FPEEPMS)) has been installed in production; or on which Airbus Service Bulletin A300–33–6047 or A310–33–2045, both dated March 5, 2004, has been done. corresponding action specified in paragraph (g) of this AD. Unsafe Condition (d) This AD results from a report that in the case of vertical separation of the fuselage forward of door 1, the FPEEPMS and the exit signs do not turn on. We are issuing this AD to prevent inadequate lighting and marking of the escape path, which could delay or impede the flightcrew and passengers when exiting the airplane during an emergency landing. Alternative Methods of Compliance (AMOCs) 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. Modification (f) Within 16 months after the effective date of this AD, modify the Bruce FPEEPMS in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300– 33–6047, Revision 01, dated January 20, 2006 (for Model A300 B4–605R airplanes); or Airbus Service Bulletin A310–33–2045, Revision 01, dated January 20, 2006 (for Model A310–308, –324, and –325 airplanes); as applicable. (g) For Model A310–308, –324, and –325 airplanes: Prior to or concurrently with the modification required in paragraph (f) of this AD, modify the automatic switching of the emergency lighting system in accordance with the Accomplishment Instructions of Airbus Service Bulletin A310–33–2025, Revision 01, dated April 17, 2001. Modifications Accomplished According to Previous Issue of Service Bulletin (h) Modifications accomplished before the effective date of this AD in accordance with Airbus Service Bulletin A310–33–2025, dated March 1, 1993, are considered acceptable for compliance with the (i)(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. Related Information (j) EASA airworthiness directive 2006– 0077, dated April 3, 2006, also addresses the subject of this AD. Material Incorporated by Reference (k) You must use the applicable service bulletin identified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the Internet at http:// dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. TABLE 1.—MATERIAL INCORPORATED BY REFERENCE Revision level Airbus Service Bulletin rmajette on PROD1PC67 with RULES A300–33–6047 .................................................................................................................................................... A310–33–2025 .................................................................................................................................................... A310–33–2045 .................................................................................................................................................... VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1 01 01 01 Date January 20, 2006. April 17, 2001. January 20, 2006. 3928 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations Issued in Renton, Washington, on January 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–1198 Filed 1–26–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–25904; Directorate Identifier 2006–NM–077–AD; Amendment 39–14883; AD 2007–01–11] RIN 2120–AA64 Airworthiness Directives; Bombardier Model DHC–8–100, –200, and –300 Series Airplanes This AD becomes effective March 5, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 5, 2007. On May 12, 1999 (64 FR 16803, April 7, 1999), the Director of the Federal Register approved the incorporation by reference of Bombardier Service Bulletin S.B. 8–52–39, Revision ‘C,’ dated September 1, 1997; and Bombardier Service Bulletin S.B. 8–52– rmajette on PROD1PC67 with RULES 14:38 Jan 26, 2007 Jkt 211001 Ezra Sasson, Aerospace Engineer, Systems and Flight Test Branch, ANE–172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7320; fax (516) 794–5531. FOR FURTHER INFORMATION CONTACT: Examining the Docket SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Bombardier Model DHC–8–100, –200, and –300 series airplanes. That AD currently requires modification of the flight compartment door; repetitive inspections for wear of the flight compartment door hinges following modification; and repair or replacement of the hinges with new hinges if necessary. This new AD requires using revised procedures for modifying and inspecting the flight compartment door and reduces the applicability of the existing AD. This AD results from a determination that certain cockpit doors are no longer subject to the existing requirements. We are issuing this AD to prevent failure of the alternate release mechanism of the flight compartment door, which could delay or impede the evacuation of the flightcrew during an emergency. This failure also could result in the flightcrew not being able to assist passengers in the event of an emergency. VerDate Aug<31>2005 You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. ADDRESSES: SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: DATES: 39, Revision ‘D,’ dated February 27, 1998. You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 99–08–04, amendment 39–11109 (64 FR 16803, April 7, 1999). The existing AD applies to certain Bombardier Model DHC–8–100, –200, and –300 series airplanes. That NPRM was published in the Federal Register on September 26, 2006 (71 FR 56070). That NPRM proposed to continue to require modification of the flight compartment door; repetitive inspections for wear of the flight compartment door hinges following modification; and repair or replacement of the hinges with new hinges if necessary. That NPRM also proposed to require using revised procedures for modifying and inspecting the flight compartment door and to reduce the applicability of the existing AD. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Request To Publish Service Information/Incorporate by Reference in NPRM The Modification and Replacement Parts Association (MARPA) states that ADs are based on service information that originates from the type certificate holder or its suppliers. MARPA adds that manufacturer’s service documents are privately authored instruments, generally having copyright protection against duplication and distribution. When a service document is incorporated by reference into a public document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, protected status and becomes a public document. MARPA notes that if a service document is used as a mandatory element of compliance it should not simply be referenced, but should be incorporated by reference. MARPA believes that public laws, by definition, should be public, which means they cannot rely upon private writings for compliance. MARPA adds that the legal interpretation of a document is a question of law, not of fact; therefore, unless the service document is incorporated by reference, it cannot be considered. MARPA is concerned that failure to incorporate essential service information could result in a court decision invalidating the AD. MARPA points out that in another AD issued from a Directorate other than the Transport Airplane Directorate, the FAA advised that documents are not incorporated by reference into proposed actions; only in final actions. MARPA can point to hundreds, if not thousands, of final rules where the documents were not incorporated by reference-either intentionally or by oversight. MARPA can also provide hundreds of references where the incorporation by reference text has been included in the proposed rule; thus there does not seem to be a consistent policy from action to action and across all Directorates on how to handle this issue. MARPA also states that service documents incorporated by reference should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates those documents. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the Federal Register needlessly by publishing documents already in the hands of the affected individuals. MARPA adds that, traditionally, ‘‘affected individuals’’ means aircraft owners and operators, who are generally provided service E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3925-3928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1198]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26047; Directorate Identifier 2006-NM-146-AD; 
Amendment 39-14906; AD 2007-02-19]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-605R Airplanes and 
Model A310-308, -324, and -325 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 B4-605R airplanes and Model A310-308, -324, 
and -325 airplanes. This AD requires modifying the Bruce floor plan 
electrical emergency path marking system (FPEEPMS) and, for certain 
airplanes, modifying the automatic switching of the emergency lighting 
system. This AD results from a report that in the case of vertical 
separation of the fuselage forward of door 1, the FPEEPMS and the exit 
signs do not turn on. We are issuing this AD to prevent inadequate 
lighting and marking of the escape path, which could delay or impede 
the flightcrew and passengers when exiting the airplane during an 
emergency landing.

DATES: This AD becomes effective March 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 5, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://
dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    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 http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Airbus Model 
A300 B4-605R airplanes and Model A310-308, -324, and -325 airplanes. 
That NPRM was published in the Federal Register on October 12, 2006 (71 
FR 60089). That NPRM proposed to require modifying the Bruce floor plan 
electrical emergency path marking system (FPEEPMS) and, for certain 
airplanes, modifying the automatic switching of the emergency lighting 
system.

Comments

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

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a

[[Page 3926]]

mandatory element of compliance, it should not simply be referenced, 
but should be incorporated into the regulatory document; by definition, 
public laws must be public, which means they cannot rely upon private 
writings.
    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 (``Replacement and modification parts'') of 
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument 
and published in the DMS.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the 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 the commenter'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 Add FAA Intent To Incorporate Certain Service Bulletins by 
Reference in the NPRM

    MARPA requests that, during the NPRM stage of AD rulemaking, the 
FAA state its intent to incorporate by reference (IBR) any relevant 
service information. MARPA states that without such a statement in the 
NPRM, it is unclear whether the relevant service information will be 
incorporated by reference in the final rule.
    The FAA does not concur with the commenter's request. When we 
reference certain service information in a proposed AD, the public can 
assume we intend to IBR that service information, as required by the 
Office of the Federal Register. No change to this final rule is 
necessary in regard to the commenter's request.

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 as proposed.

Costs of Compliance

    The following table provides the estimated costs for the U.S. 
operator to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Number of
                                                          Average                                                       U.S.-
            Action                    Work hours         labor rate           Parts             Cost per airplane     registered        Fleet cost
                                                          per hour                                                    airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification of FPEEPMS.......  Between 44 and 47.....          $80  Between $2,570 and      Between $6,090 and                1  Between $6,090 and
                                                                      $2,690.                 $6,450.                              $6,450.
Modification of automatic       14....................           80  Between $534 and $727.  Between $1,654 and                1  Between $1,654 and
 switching.                                                                                   $1,847.                              $1,847.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.

[[Page 3927]]

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):

2007-02-19 Airbus: Amendment 39-14906. Docket No. FAA-2006-26047; 
Directorate Identifier 2006-NM-146-AD.

Effective Date

    (a) This AD becomes effective March 5, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-605R airplanes and 
Model A310-308, -324, and -325 airplanes, certificated in any 
category; on which Airbus Modification 06810 or 06934 (Bruce floor 
proximity emergency escape path marking system (FPEEPMS)) has been 
installed in production; or on which Airbus Service Bulletin A300-
33-6047 or A310-33-2045, both dated March 5, 2004, has been done.

Unsafe Condition

    (d) This AD results from a report that in the case of vertical 
separation of the fuselage forward of door 1, the FPEEPMS and the 
exit signs do not turn on. We are issuing this AD to prevent 
inadequate lighting and marking of the escape path, which could 
delay or impede the flightcrew and passengers when exiting the 
airplane during an emergency landing.

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.

Modification

    (f) Within 16 months after the effective date of this AD, modify 
the Bruce FPEEPMS in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A300-33-6047, Revision 01, dated January 
20, 2006 (for Model A300 B4-605R airplanes); or Airbus Service 
Bulletin A310-33-2045, Revision 01, dated January 20, 2006 (for 
Model A310-308, -324, and -325 airplanes); as applicable.
    (g) For Model A310-308, -324, and -325 airplanes: Prior to or 
concurrently with the modification required in paragraph (f) of this 
AD, modify the automatic switching of the emergency lighting system 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A310-33-2025, Revision 01, dated April 17, 2001.

Modifications Accomplished According to Previous Issue of Service 
Bulletin

    (h) Modifications accomplished before the effective date of this 
AD in accordance with Airbus Service Bulletin A310-33-2025, dated 
March 1, 1993, are considered acceptable for compliance with the 
corresponding action specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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 which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) EASA airworthiness directive 2006-0077, dated April 3, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use the applicable service bulletin identified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, 
for a copy of this service information. You may review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; 
on the Internet at http://dms.dot.gov; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

              Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
                                   Revision
    Airbus Service Bulletin         level                Date
------------------------------------------------------------------------
A300-33-6047...................           01  January 20, 2006.
A310-33-2025...................           01  April 17, 2001.
A310-33-2045...................           01  January 20, 2006.
------------------------------------------------------------------------



[[Page 3928]]

    Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1198 Filed 1-26-07; 8:45 am]
BILLING CODE 4910-13-P