Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes Equipped With General Electric CF6-50 Engines, 16703-16706 [E7-6229]
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Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations
Effective Date
(a) This AD becomes effective May 10,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ airplanes, certificated in any
category; as identified in Embraer Service
Bulletin 145LEG–28–0022, dated February
17, 2005.
Unsafe Condition
(d) This AD results from a fuel system
reassessment according to SFAR 88 criteria,
which revealed the possibility of sparks due
to chafing between the harnesses of the
forward and aft auxiliary fuel tanks, between
certain harnesses attached to the aircraft
structure, or between certain harnesses
attached to certain mechanical components.
We are issuing this AD to prevent a potential
ignition source inside a fuel tank, which, in
combination with flammable fuel vapors,
could result in a fuel tank explosion.
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
of this service information. You may review
copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Renton, Washington, on March
27, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–6230 Filed 4–4–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
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.
[Docket No. FAA–2006–25965; Directorate
Identifier 2006–NM–127–AD; Amendment
39–15013; AD 2007–07–08]
Modifications
(f) Within 5,000 flight hours after the
effective date of this AD: Accomplish the
modifications specified in paragraphs (f)(1)
and (f)(2) of this AD by doing all the
applicable actions in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG–28–0022, dated
February 17, 2005.
(1) Modify the forward auxiliary fuel tanks
on the left and right sides.
(2) Modify the aft auxiliary fuel tanks on
the left and right sides.
Airworthiness Directives; Airbus Model
A300 B2 and B4 Series Airplanes
Equipped With General Electric CF6–
50 Engines
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.
rwilkins on PROD1PC63 with RULES
Related Information
(h) Brazilian airworthiness directive 2006–
07–03R1, effective January 4, 2007, also
addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 145LEG–28–0022, dated February
17, 2005, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
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RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding an
existing airworthiness directive (AD),
which applies to Airbus Model A300 B2
and B4 series airplanes equipped with
General Electric CF6–50 engines. That
AD currently requires deactivating both
thrust reversers and revising the
airplane flight manual (AFM) to require
performance penalties during certain
takeoff conditions to ensure that safe
and appropriate performance is
achieved for airplanes on which both
thrust reversers have been deactivated.
This new AD requires one-time
inspections of the directional pilot valve
(DPV), the rocker arm and associated
hardware, and corrective actions if
necessary; reactivation of both thrust
reversers; and repetitive inspections of
the DPV and the associated control
mechanism of the thrust reversers for
incorrect assembly or excessive wear,
and corrective actions if necessary.
Accomplishing all of the actions would
allow the removal of the AFM
limitations in the existing AD. This AD
results from reports indicating that the
DPV was assembled incorrectly; further
investigation revealed excessive wear on
SUMMARY:
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16703
certain correctly assembled DPVs and
the associated control mechanism. We
are issuing this AD to prevent
uncommanded in-flight deployment of a
thrust reverser, which could result in
reduced controllability of the airplane.
DATES: This AD becomes effective May
10, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 10, 2007.
On May 6, 2002 (67 FR 21569, May
1, 2002), the Director of the Federal
Register approved the incorporation by
reference of Airbus All Operators Telex
A300/78A0023, dated April 5, 2002.
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,
International Branch, 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
supersedes AD 2002–08–51, amendment
39–12728 (67 FR 21569, May 1, 2002).
The existing AD applies to Airbus
Model A300 B2 and B4 series airplanes
equipped with General Electric CF6–50
engines. That NPRM was published in
the Federal Register on October 3, 2006
(71 FR 58318). That NPRM proposed to
continue to require deactivating both
thrust reversers and revising the
airplane flight manual (AFM) to require
performance penalties during certain
takeoff conditions to ensure that safe
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and appropriate performance is
achieved for airplanes on which both
thrust reversers have been deactivated.
That NPRM also proposed to require
one-time inspections of the directional
pilot valve (DPV), the rocker arm and
associated hardware, and corrective
actions if necessary; reactivation of both
thrust reversers; and repetitive
inspections of the DPV and the
associated control mechanism of the
thrust reversers for incorrect assembly
or excessive wear, and corrective
actions if necessary.
rwilkins on PROD1PC63 with RULES
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been received on the NPRM.
Request To Change Compliance Times
TradeWinds Airlines asks that we add
a grace period of 18 months to the
compliance time specified in paragraph
(h) of the NPRM. Paragraph (h) specifies
doing the actions within 18 months after
doing the actions in paragraph (g) of the
NPRM. Paragraph (g) of the NPRM refers
to service information dated May 29,
2002; therefore, operators may have
done the actions more than 18 months
ago.
Airbus and ASTAR Air Cargo ask that
we extend the 18-month compliance
time specified in paragraph (h) of the
NPRM, as follows:
ASTAR asks that it be extended to 36
months after doing the actions required
by paragraph (g) of the NPRM. ASTAR
states that Airbus Service Bulletin
A300–78–0025, Revision 01, dated
February 16, 2005, is approved under
the European Aviation Safety Agency
(EASA) authority and states that if
Airbus All Operators Telex (AOT)
A300–78A0024, dated May 29, 2002, is
accomplished, the inspection is to be
done every 36 months or 8,000 flight
hours, whichever occurs first. ASTAR
believes that if Airbus AOT A300–
78A0024 is accomplished, it meets the
initial inspection intent of Airbus
Service Bulletin A300–78–0025, and a
repeat interval of 8,000 flight hours is
´ ´
required, as stated in Direction Generale
de l’Aviation Civile (DGAC) French
airworthiness directive F–2005–208,
dated December 21, 2005 (which is a
parallel AD for the specified actions).
ASTAR notes that, since paragraph (g)
of the NPRM requires accomplishing
Airbus AOT 78A0024, the compliance
time specified in paragraph (h) of the
NPRM should be 8,000 flight hours.
ASTAR adds that this change would
align the NRPM with DGAC
airworthiness directive F–2005–208 and
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European Aviation Safety Agency
(EASA) approval of Airbus Service
Bulletin A300–78–0025. ASTAR
suggests that paragraph (h) of the NPRM
be changed as follows: ‘‘Within 36
months after accomplishing paragraph
(g) of this AD: Do a detailed inspection
of the DPV and the associated control
mechanism of the thrust reverser for
incorrect assembly or excessive wear
* * * .’’
Airbus states that the compliance time
specified in paragraph (h) of the NPRM
is not the same as the one provided in
the referenced service bulletin and in
French airworthiness directive F–2005–
208. Airbus notes that the compliance
time specifies: ‘‘For a/c on which AOT
78A0024 is not accomplished: perform
ISB at the earliest opportunity without
exceeding 18 months. Repeat inspection
every 8000FH.’’ And, ‘‘For a/c on which
AOT 78A0024 is accomplished:
repetitive inspection using ISB must not
exceed 8000FH after initial inspection
(iaw AOT), then every 8000FH.’’ Airbus
adds that, in French airworthiness
directive F–2005–208, the initial
inspection in accordance with Airbus
Service Bulletin A300–78–0025 is
mandated with 18 months only for
aircraft on which AOT A300–78A0024
has not been accomplished. Airbus
notes that, as long as the FAA AD
mandates accomplishment of the AOT
as initial inspection (paragraph (g) of
this AD), it considers accomplishment
of Airbus Service Bulletin A300–78–
0025 within 18 months an additional
constraint which was not originally
recommended in Airbus Service
Bulletin A300–78–0025 or French
airworthiness directive F–2005–208.
Airbus concludes that, based on these
comments, paragraph (h) should
mandate Airbus Service Bulletin A300–
78–0025 for repetitive inspections, with
intervals not exceeding 8,000 flight
hours after the initial inspection (in
accordance with paragraph (g) of the
NPRM).
We agree to extend the compliance
time specified in paragraph (h) of this
AD to within 36 months after the
effective date of this AD, or within 8,000
flight hours after accomplishing the
actions required by paragraph (g) of this
AD, whichever is first, for the reasons
provided.
Request To Clarify Intent of AD
ASTAR asks for clarification if the
intent of the NPRM is not to allow
operation of the aircraft with one thrust
reverser inoperative by using Minimum
Equipment List (MEL) relief nor special
ferry flights if discrepancies are found
during inspection. ASTAR notes that, as
stated in paragraph (h) of the NPRM, the
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aircraft must have applicable corrective
actions before further flight. ASTAR
also notes that the Airbus service
bulletin requires inspection of the DPV
by an approved workshop, which in
most cases means a serviceable DPV
will need to be installed during each
inspection.
To clarify, the intent of this AD is to
require the reactivation of both thrust
reversers after certain actions required
by this AD are accomplished. It is not
our intent to prohibit use of the relief
provided by the Master Minimum
Equipment List (MMEL) in the case of
one or more thrust reversers being
inoperative. After reactivating the thrust
reversers, an airplane may be operated
with one or more thrust reversers
inoperative in accordance with the
MMEL. We have revised paragraph (h)
of the AD to include this clarification.
Concerning the use of special flight
permits: On July 10, 2002, the FAA
issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which
governs the FAA’s airworthiness
directives system. The regulation now
includes material that relates to special
flight permits. Therefore, an AD will
address special flight permits only if
they are not allowed, or only allowed
with specific limitations. It is not our
intent to restrict the use of special flight
permits, and this AD specifies no such
restriction. We have not changed the AD
in this regard.
Request To Incorporate/Publish Certain
Information
The Modification and Replacement
Parts Association (MARPA) states that,
frequently, 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
mandatory element of compliance, it
should not simply be referenced, but
should be incorporated into the
regulatory document. MARPA states
that, by definition, public laws must be
public, which means they cannot rely
upon private writings, especially when
the private writings originate in a
foreign country. MARPA notes that
since the interpretation of a document is
a question of law and not fact, a service
document not incorporated by reference
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will not be considered in a legal finding
of the meaning of an airworthiness
directive. MARPA is concerned that the
failure to incorporate essential service
information could result in a court
decision invalidating the airworthiness
directive.
MARPA adds that incorporated-byreference 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 distribution to
owners may, when the owner is a
financing or leasing institution, not
actually reach the persons responsible
for accomplishing the airworthiness
directive. 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 MARPA’s request to post
service bulletins on the Department of
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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. We have
not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the applicability of
the existing AD to identify model
designations as published in the most
recent type certificate data sheet for the
affected models.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. These
changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 30 airplanes of
U.S. registry.
The actions that are required by AD
2002–08–51 and retained in this AD
take about 3 work hours per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the currently required
actions is $7,200, or $240 per airplane.
The new inspection and reactivation
procedures specified in Airbus AOT
A300–78A0024 take about 9 work hours
per airplane, at an average labor rate of
$80 per work hour. Based on these
figures, the estimated cost of the new
inspection and reactivation specified in
this AD for U.S. operators is $21,600, or
$720 per airplane.
The new inspections specified in
Airbus Service Bulletin A300–78–0025
take about 7 work hours per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the new inspections
specified in this AD for U.S. operators
is $16,800, or $560 per airplane, per
inspection cycle.
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,
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16705
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 removing amendment 39–12728 (67
FR 21569, May 1, 2002) and by adding
the following new airworthiness
directive (AD):
I
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2007–07–08 AIRBUS: Amendment 39–
15013. Docket No. FAA–2006–25965;
Directorate Identifier 2006–NM–127–AD.
Effective Date
(a) This AD becomes effective May 10,
2007.
Affected ADs
(b) This AD supersedes AD 2002–08–51.
Applicability
(c) This AD applies to Airbus Model A300
B–2 and B–4 series airplanes, certificated in
any category, equipped with General Electric
CF6–50 engines.
Unsafe Condition
(d) This AD results from reports indicating
that the directional pilot valve (DPV) was
assembled incorrectly; further investigation
revealed excessive wear on certain correctly
assembled DPVs and the associated control
mechanism. We are issuing this AD to
prevent uncommanded in-flight deployment
of a thrust reverser, which could result in
reduced controllability of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2002–
08–51:
Thrust Reverser Deactivation and Airplane
Flight Manual (AFM) Revision
(f) Within 72 clock hours after May 6, 2002
(the effective date of AD 2002–08–51),
accomplish paragraphs (f)(1) and (f)(2) of this
AD.
(1) Deactivate both thrust reversers
according to Airbus All Operators Telex
A300/78A0023, dated April 5, 2002.
(2) Revise the Limitations Section of the
AFM to include the following (this may be
accomplished by inserting a copy of this AD
into the AFM):
‘‘When the runway is wet or contaminated,
reduce by five percent the corrected
acceleration-stop distance resulting from the
airplane flight manual takeoff performance
analysis.
(Note: This supersedes any relief provided
by the Master Minimum Equipment List
(MMEL).)’’
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New Requirements of This AD:
Inspections and Corrective Actions
(g) Within 6 months after the effective date
of this AD: Do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD
in consecutive order, in accordance with the
procedures specified in Airbus All Operators
Telex (AOT) A300–78A0024, dated May 29,
2002, which ends the requirements in
paragraph (f) of this AD.
(1) Do a detailed inspection of the DPV on
each thrust reverser for incorrect assembly,
incorrect diameter, or excessive wear, by
doing all the applicable actions, including all
applicable corrective actions. All applicable
corrective actions must be done before
further flight.
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(2) Do a detailed inspection of the rocker
arm of the DPV for excessive wear by doing
all the applicable actions, including all
applicable corrective actions. All applicable
corrective actions must be done before
further flight.
(3) Reactivate both thrust reversers and do
a one-time operational test before further
flight.
Note 1: Airbus AOT A300–78A0024, dated
May 29, 2002, refers to Middle River Aircraft
Systems CF6–50 Alert Service Bulletin
78A3040, Revision 2, dated June 18, 2004
(including Honeywell Service Bulletin
121332–78–1620, Revision 2, dated June 18,
2004), as an additional source of service
information for accomplishing the
inspections.
(2) AMOCs approved previously in
accordance with AD 2002–08–51, are not
approved as AMOCs with this AD.
(3) 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.
Note 2: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
(l) You must use Airbus All Operators
Telex A300–78A0024, dated May 29, 2002;
Airbus Service Bulletin A300–78–0025,
Revision 01, excluding Appendix 01, dated
February 16, 2005; and Airbus All Operators
Telex A300/78A0023, dated April 5, 2002; as
applicable, to perform the actions that are
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Airbus All Operators Telex A300–78A0024,
dated May 29, 2002; and Airbus Service
Bulletin A300–78–0025, Revision 01,
excluding Appendix 01, dated February 16,
2005; in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. (The document number and
date of Airbus All Operators Telex A300–
78A0024, are indicated only on the first page;
no other page of the document contains this
information.)
(2) On May 6, 2002 (67 FR 21569, May 1,
2002), the Director of the Federal Register
approved the incorporation by reference of
Airbus All Operators Telex A300/78A0023,
dated April 5, 2002.
(3) Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, for a
copy of this service information. You may
review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Repetitive Inspections/Corrective Actions
(h) Within 36 months after the effective
date of this AD, or within 8,000 flight hours
after accomplishing the actions required by
paragraph (g) of this AD, whichever is first:
Do a detailed inspection of the DPV and the
associated control mechanism of the thrust
reverser for incorrect assembly or excessive
wear, by doing all the applicable actions,
including all applicable corrective actions, in
accordance with Airbus Service Bulletin
A300–78–0025, Revision 01, excluding
Appendix 01, dated February 16, 2005. All
applicable corrective actions must be done
before further flight; however, the affected
thrust reverser may be deactivated and the
airplane operated in accordance with the
limitations of the MMEL for operations with
one or more thrust reversers inoperative.
Repeat the inspection thereafter at intervals
not to exceed 8,000 flight hours.
Note 3: Airbus Service Bulletin A300–78–
0025, Revision 01, dated February 16, 2005,
refers to Middle River Aircraft Systems
Component Maintenance Manual 78–31–06,
Revision 10, dated May 31, 2005, as an
additional source of service information for
replacing defective components.
Actions Accomplished Previously
(i) Inspections and corrective actions done
before the effective date of this AD in
accordance with Airbus Service Bulletin
A300–78–0025, dated July 21, 2004, are
acceptable for compliance with the
corresponding requirements of paragraph (h)
of this AD.
Related Information
(k) French airworthiness directives 2002–
293(B), dated June 12, 2002, and F–2005–
208, dated December 21, 2005, also address
the subject of this AD.
Material Incorporated by Reference
Issued in Renton, Washington, on March
26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–6229 Filed 4–4–07; 8:45 am]
BILLING CODE 4910–13–P
Alternative Methods of Compliance
(AMOCs)
(j)(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.
PO 00000
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Agencies
[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Rules and Regulations]
[Pages 16703-16706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6229]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25965; Directorate Identifier 2006-NM-127-AD;
Amendment 39-15013; AD 2007-07-08]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2 and B4 Series
Airplanes Equipped With General Electric CF6-50 Engines
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to Airbus Model A300 B2 and B4 series airplanes
equipped with General Electric CF6-50 engines. That AD currently
requires deactivating both thrust reversers and revising the airplane
flight manual (AFM) to require performance penalties during certain
takeoff conditions to ensure that safe and appropriate performance is
achieved for airplanes on which both thrust reversers have been
deactivated. This new AD requires one-time inspections of the
directional pilot valve (DPV), the rocker arm and associated hardware,
and corrective actions if necessary; reactivation of both thrust
reversers; and repetitive inspections of the DPV and the associated
control mechanism of the thrust reversers for incorrect assembly or
excessive wear, and corrective actions if necessary. Accomplishing all
of the actions would allow the removal of the AFM limitations in the
existing AD. This AD results from reports indicating that the DPV was
assembled incorrectly; further investigation revealed excessive wear on
certain correctly assembled DPVs and the associated control mechanism.
We are issuing this AD to prevent uncommanded in-flight deployment of a
thrust reverser, which could result in reduced controllability of the
airplane.
DATES: This AD becomes effective May 10, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 10, 2007.
On May 6, 2002 (67 FR 21569, May 1, 2002), the Director of the
Federal Register approved the incorporation by reference of Airbus All
Operators Telex A300/78A0023, dated April 5, 2002.
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, International Branch, 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 supersedes AD 2002-08-51, amendment
39-12728 (67 FR 21569, May 1, 2002). The existing AD applies to Airbus
Model A300 B2 and B4 series airplanes equipped with General Electric
CF6-50 engines. That NPRM was published in the Federal Register on
October 3, 2006 (71 FR 58318). That NPRM proposed to continue to
require deactivating both thrust reversers and revising the airplane
flight manual (AFM) to require performance penalties during certain
takeoff conditions to ensure that safe
[[Page 16704]]
and appropriate performance is achieved for airplanes on which both
thrust reversers have been deactivated. That NPRM also proposed to
require one-time inspections of the directional pilot valve (DPV), the
rocker arm and associated hardware, and corrective actions if
necessary; reactivation of both thrust reversers; and repetitive
inspections of the DPV and the associated control mechanism of the
thrust reversers for incorrect assembly or excessive wear, and
corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Change Compliance Times
TradeWinds Airlines asks that we add a grace period of 18 months to
the compliance time specified in paragraph (h) of the NPRM. Paragraph
(h) specifies doing the actions within 18 months after doing the
actions in paragraph (g) of the NPRM. Paragraph (g) of the NPRM refers
to service information dated May 29, 2002; therefore, operators may
have done the actions more than 18 months ago.
Airbus and ASTAR Air Cargo ask that we extend the 18-month
compliance time specified in paragraph (h) of the NPRM, as follows:
ASTAR asks that it be extended to 36 months after doing the actions
required by paragraph (g) of the NPRM. ASTAR states that Airbus Service
Bulletin A300-78-0025, Revision 01, dated February 16, 2005, is
approved under the European Aviation Safety Agency (EASA) authority and
states that if Airbus All Operators Telex (AOT) A300-78A0024, dated May
29, 2002, is accomplished, the inspection is to be done every 36 months
or 8,000 flight hours, whichever occurs first. ASTAR believes that if
Airbus AOT A300-78A0024 is accomplished, it meets the initial
inspection intent of Airbus Service Bulletin A300-78-0025, and a repeat
interval of 8,000 flight hours is required, as stated in Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) French airworthiness
directive F-2005-208, dated December 21, 2005 (which is a parallel AD
for the specified actions). ASTAR notes that, since paragraph (g) of
the NPRM requires accomplishing Airbus AOT 78A0024, the compliance time
specified in paragraph (h) of the NPRM should be 8,000 flight hours.
ASTAR adds that this change would align the NRPM with DGAC
airworthiness directive F-2005-208 and European Aviation Safety Agency
(EASA) approval of Airbus Service Bulletin A300-78-0025. ASTAR suggests
that paragraph (h) of the NPRM be changed as follows: ``Within 36
months after accomplishing paragraph (g) of this AD: Do a detailed
inspection of the DPV and the associated control mechanism of the
thrust reverser for incorrect assembly or excessive wear * * * .''
Airbus states that the compliance time specified in paragraph (h)
of the NPRM is not the same as the one provided in the referenced
service bulletin and in French airworthiness directive F-2005-208.
Airbus notes that the compliance time specifies: ``For a/c on which AOT
78A0024 is not accomplished: perform ISB at the earliest opportunity
without exceeding 18 months. Repeat inspection every 8000FH.'' And,
``For a/c on which AOT 78A0024 is accomplished: repetitive inspection
using ISB must not exceed 8000FH after initial inspection (iaw AOT),
then every 8000FH.'' Airbus adds that, in French airworthiness
directive F-2005-208, the initial inspection in accordance with Airbus
Service Bulletin A300-78-0025 is mandated with 18 months only for
aircraft on which AOT A300-78A0024 has not been accomplished. Airbus
notes that, as long as the FAA AD mandates accomplishment of the AOT as
initial inspection (paragraph (g) of this AD), it considers
accomplishment of Airbus Service Bulletin A300-78-0025 within 18 months
an additional constraint which was not originally recommended in Airbus
Service Bulletin A300-78-0025 or French airworthiness directive F-2005-
208. Airbus concludes that, based on these comments, paragraph (h)
should mandate Airbus Service Bulletin A300-78-0025 for repetitive
inspections, with intervals not exceeding 8,000 flight hours after the
initial inspection (in accordance with paragraph (g) of the NPRM).
We agree to extend the compliance time specified in paragraph (h)
of this AD to within 36 months after the effective date of this AD, or
within 8,000 flight hours after accomplishing the actions required by
paragraph (g) of this AD, whichever is first, for the reasons provided.
Request To Clarify Intent of AD
ASTAR asks for clarification if the intent of the NPRM is not to
allow operation of the aircraft with one thrust reverser inoperative by
using Minimum Equipment List (MEL) relief nor special ferry flights if
discrepancies are found during inspection. ASTAR notes that, as stated
in paragraph (h) of the NPRM, the aircraft must have applicable
corrective actions before further flight. ASTAR also notes that the
Airbus service bulletin requires inspection of the DPV by an approved
workshop, which in most cases means a serviceable DPV will need to be
installed during each inspection.
To clarify, the intent of this AD is to require the reactivation of
both thrust reversers after certain actions required by this AD are
accomplished. It is not our intent to prohibit use of the relief
provided by the Master Minimum Equipment List (MMEL) in the case of one
or more thrust reversers being inoperative. After reactivating the
thrust reversers, an airplane may be operated with one or more thrust
reversers inoperative in accordance with the MMEL. We have revised
paragraph (h) of the AD to include this clarification.
Concerning the use of special flight permits: On July 10, 2002, the
FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22,
2002), which governs the FAA's airworthiness directives system. The
regulation now includes material that relates to special flight
permits. Therefore, an AD will address special flight permits only if
they are not allowed, or only allowed with specific limitations. It is
not our intent to restrict the use of special flight permits, and this
AD specifies no such restriction. We have not changed the AD in this
regard.
Request To Incorporate/Publish Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, frequently, 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 mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document.
MARPA states that, by definition, public laws must be public, which
means they cannot rely upon private writings, especially when the
private writings originate in a foreign country. MARPA notes that since
the interpretation of a document is a question of law and not fact, a
service document not incorporated by reference
[[Page 16705]]
will not be considered in a legal finding of the meaning of an
airworthiness directive. MARPA is concerned that the failure to
incorporate essential service information could result in a court
decision invalidating the airworthiness directive.
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
distribution to owners may, when the owner is a financing or leasing
institution, not actually reach the persons responsible for
accomplishing the airworthiness directive. 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 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. We have not
changed the AD in this regard.
Explanation of Change to Applicability
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. These changes will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 30 airplanes of U.S. registry.
The actions that are required by AD 2002-08-51 and retained in this
AD take about 3 work hours per airplane, at an average labor rate of
$80 per work hour. Based on these figures, the estimated cost of the
currently required actions is $7,200, or $240 per airplane.
The new inspection and reactivation procedures specified in Airbus
AOT A300-78A0024 take about 9 work hours per airplane, at an average
labor rate of $80 per work hour. Based on these figures, the estimated
cost of the new inspection and reactivation specified in this AD for
U.S. operators is $21,600, or $720 per airplane.
The new inspections specified in Airbus Service Bulletin A300-78-
0025 take about 7 work hours per airplane, at an average labor rate of
$80 per work hour. Based on these figures, the estimated cost of the
new inspections specified in this AD for U.S. operators is $16,800, or
$560 per airplane, per inspection cycle.
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
removing amendment 39-12728 (67 FR 21569, May 1, 2002) and by adding
the following new airworthiness directive (AD):
[[Page 16706]]
2007-07-08 AIRBUS: Amendment 39-15013. Docket No. FAA-2006-25965;
Directorate Identifier 2006-NM-127-AD.
Effective Date
(a) This AD becomes effective May 10, 2007.
Affected ADs
(b) This AD supersedes AD 2002-08-51.
Applicability
(c) This AD applies to Airbus Model A300 B-2 and B-4 series
airplanes, certificated in any category, equipped with General
Electric CF6-50 engines.
Unsafe Condition
(d) This AD results from reports indicating that the directional
pilot valve (DPV) was assembled incorrectly; further investigation
revealed excessive wear on certain correctly assembled DPVs and the
associated control mechanism. We are issuing this AD to prevent
uncommanded in-flight deployment of a thrust reverser, which could
result in reduced controllability of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2002-08-51:
Thrust Reverser Deactivation and Airplane Flight Manual (AFM) Revision
(f) Within 72 clock hours after May 6, 2002 (the effective date
of AD 2002-08-51), accomplish paragraphs (f)(1) and (f)(2) of this
AD.
(1) Deactivate both thrust reversers according to Airbus All
Operators Telex A300/78A0023, dated April 5, 2002.
(2) Revise the Limitations Section of the AFM to include the
following (this may be accomplished by inserting a copy of this AD
into the AFM):
``When the runway is wet or contaminated, reduce by five percent
the corrected acceleration-stop distance resulting from the airplane
flight manual takeoff performance analysis.
(Note: This supersedes any relief provided by the Master Minimum
Equipment List (MMEL).)''
New Requirements of This AD:
Inspections and Corrective Actions
(g) Within 6 months after the effective date of this AD: Do the
actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this
AD in consecutive order, in accordance with the procedures specified
in Airbus All Operators Telex (AOT) A300-78A0024, dated May 29,
2002, which ends the requirements in paragraph (f) of this AD.
(1) Do a detailed inspection of the DPV on each thrust reverser
for incorrect assembly, incorrect diameter, or excessive wear, by
doing all the applicable actions, including all applicable
corrective actions. All applicable corrective actions must be done
before further flight.
(2) Do a detailed inspection of the rocker arm of the DPV for
excessive wear by doing all the applicable actions, including all
applicable corrective actions. All applicable corrective actions
must be done before further flight.
(3) Reactivate both thrust reversers and do a one-time
operational test before further flight.
Note 1: Airbus AOT A300-78A0024, dated May 29, 2002, refers to
Middle River Aircraft Systems CF6-50 Alert Service Bulletin 78A3040,
Revision 2, dated June 18, 2004 (including Honeywell Service
Bulletin 121332-78-1620, Revision 2, dated June 18, 2004), as an
additional source of service information for accomplishing the
inspections.
Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Repetitive Inspections/Corrective Actions
(h) Within 36 months after the effective date of this AD, or
within 8,000 flight hours after accomplishing the actions required
by paragraph (g) of this AD, whichever is first: Do a detailed
inspection of the DPV and the associated control mechanism of the
thrust reverser for incorrect assembly or excessive wear, by doing
all the applicable actions, including all applicable corrective
actions, in accordance with Airbus Service Bulletin A300-78-0025,
Revision 01, excluding Appendix 01, dated February 16, 2005. All
applicable corrective actions must be done before further flight;
however, the affected thrust reverser may be deactivated and the
airplane operated in accordance with the limitations of the MMEL for
operations with one or more thrust reversers inoperative. Repeat the
inspection thereafter at intervals not to exceed 8,000 flight hours.
Note 3: Airbus Service Bulletin A300-78-0025, Revision 01, dated
February 16, 2005, refers to Middle River Aircraft Systems Component
Maintenance Manual 78-31-06, Revision 10, dated May 31, 2005, as an
additional source of service information for replacing defective
components.
Actions Accomplished Previously
(i) Inspections and corrective actions done before the effective
date of this AD in accordance with Airbus Service Bulletin A300-78-
0025, dated July 21, 2004, are acceptable for compliance with the
corresponding requirements of paragraph (h) of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(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) AMOCs approved previously in accordance with AD 2002-08-51,
are not approved as AMOCs with this AD.
(3) 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
(k) French airworthiness directives 2002-293(B), dated June 12,
2002, and F-2005-208, dated December 21, 2005, also address the
subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus All Operators Telex A300-78A0024, dated
May 29, 2002; Airbus Service Bulletin A300-78-0025, Revision 01,
excluding Appendix 01, dated February 16, 2005; and Airbus All
Operators Telex A300/78A0023, dated April 5, 2002; as applicable, to
perform the actions that are required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Airbus All Operators Telex A300-
78A0024, dated May 29, 2002; and Airbus Service Bulletin A300-78-
0025, Revision 01, excluding Appendix 01, dated February 16, 2005;
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (The document
number and date of Airbus All Operators Telex A300-78A0024, are
indicated only on the first page; no other page of the document
contains this information.)
(2) On May 6, 2002 (67 FR 21569, May 1, 2002), the Director of
the Federal Register approved the incorporation by reference of
Airbus All Operators Telex A300/78A0023, dated April 5, 2002.
(3) Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service information. You may
review copies at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on March 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-6229 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-13-P