AD 2006-12-01

[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33600-33602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 06-5124]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24103; Directorate Identifier 2005-NM-241-AD; 
Amendment 39-14625; AD 2006-12-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600R Series 
Airplanes, A300 C4-605R Variant F Airplanes, A300 F4-600R Series 
Airplanes; and Model A310-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus transport category airplanes. This AD requires replacing 
the existing vent float valve with a new, improved vent float valve. 
This AD results from reports of failure of the vent float valve in the 
left-hand outboard section of the trimmable horizontal stabilizer. We 
are issuing this AD to prevent, in the event of a lightning strike to 
the horizontal stabilizer, sparking of metal parts and debris from 
detached and damaged float valves, or a buildup of static electricity, 
which could result in ignition of fuel vapors and consequent fire or 
explosion.

DATES: This AD becomes effective July 17, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 17, 2006.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 
transport category airplanes. That NPRM was published in the Federal 
Register on March 8, 2006 (71 FR 11555). That NPRM proposed to require 
replacing the existing vent float valve with a new, improved vent float 
valve.

Comments

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

Request To Add Revised Service Information

    The manufacturer, Airbus, advises that both of the service 
bulletins (Airbus Service Bulletins A300-28-6081 and A310-28-2155, both 
dated February 16, 2005) specified in the NPRM have been revised. 
Airbus notes that Airbus Service Bulletins A300-28-6081, Revision 01, 
dated October 11, 2005; and A310-28-2155, Revision 01, dated October 
17, 2005, contain minor changes and that no additional work is 
required.
    We agree with Airbus and have revised paragraph (f) of the AD to 
reflect the revised service bulletins. In addition, we have added a new 
paragraph (g) of this AD specifying that accomplishment of the actions 
specified in paragraph (f) of the AD in accordance with the original 
issuance of the service bulletins, as applicable, is considered to be 
an acceptable method of compliance. Subsequent paragraphs of the AD 
have been re-identified accordingly.

Request To Add a Phrase

    One commenter, Modification and Replacement Parts Association 
(MARPA), states that the requirement to install a certain part number 
to the exclusion of any other part nullifies part 21 of the Federal 
Aviation Regulations (14 CFR part 21) by preventing the development 
and/or use of alternative parts. MARPA submits that this can be averted 
by adding the common phrase ``or FAA-approved equivalent part number'' 
as a suffix to the part number mandated to be installed. Additionally, 
MARPA referenced an existing AD that contains the phrase MARPA 
suggests.
    In response to MARPA's request to add the phrase ``or FAA-approved 
equivalent part number,'' we do not agree. Whether an alternative part 
is ``equivalent'' in adequately resolving the unsafe condition can be 
determined only on a case-by-case basis based on a complete 
understanding of the unsafe condition. Our policy is that, in order for 
operators to replace a part with one that is not specified in the AD, 
they must request and receive approval of an Alternative Method of 
Compliance (AMOC). This is necessary so that we can make a specific 
determination that an alternative part is or is not susceptible to the 
same unsafe condition.
    In response to the commenter's statement that the requirement to 
install a certain part number part to the exclusion of any other part 
nullifies part 21 of the FARs (14 CFR part 21) under which the FAA 
issues parts manufacturer approvals (PMAs), this statement appears to 
reflect a misunderstanding of the relationship between ADs and the 
certification procedural regulations of part 21 of the Federal Aviation 
Regulations (14 CFR part 21). Those regulations, including section 
21.303 of the Federal Aviation Regulations (14 CFR 21.303), are 
intended to ensure that aeronautical products and parts are safe. But 
ADs are issued when, notwithstanding those procedures, we become aware 
of unsafe conditions in these products or parts. Therefore, an AD takes 
precedence over other ``approvals'' when we identify an

[[Page 33601]]

unsafe condition, and mandating installation of a certain part number 
in an AD is not at variance with section 21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. No change to 
the AD is necessary in this regard.

Conclusion

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

Costs of Compliance

    This AD will affect about 179 airplanes of U.S. registry. The 
actions will take about 4 work hours per airplane, at an average labor 
rate of $65 per work hour. Required parts will be provided by the 
manufacturer at no cost to the operator. Based on these figures, the 
estimated cost of this AD for U.S. operators is $46,540, or $260 per 
airplane.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2006-12-01 Airbus: Amendment 39-14625. Docket No. FAA-2006-24103; 
Directorate Identifier 2005-NM-241-AD.

Effective Date

    (a) This AD becomes effective July 17, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-605R and B4-622R 
airplanes, A300 C4-605R Variant F airplanes, A300 F4-605R and F4-
622R airplanes; and Model A310-304, -322, -324, and -325 airplanes; 
certificated in any category, except those airplanes on which Airbus 
Modification 12897 has been accomplished in production.

Unsafe Condition

    (d) This AD results from reports of a broken vent float valve in 
the left-hand outboard section of the trimmable horizontal 
stabilizer. We are issuing this AD to prevent, in the event of a 
lightning strike to the horizontal stabilizer, sparking of metal 
parts and debris from detached and damaged float valves, or a 
buildup of static electricity, which could result in ignition of 
fuel vapors and consequent fire or explosion.

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.

Action Heading

    (f) Within 36 months after the effective date of this AD: 
Replace Intertechnique vent float valve, part number (P/N) L87-13-
001, in the trim tank with P/N L87-13-003; in accordance with Airbus 
Service Bulletin A300-28-6081, Revision 01, dated October 11, 2005 
(for Model A300 B4-605R and B4-622R airplanes, A300 C4-605R Variant 
F airplanes, and A300 F4-605R and F4-622R airplanes); or A310-28-
2155, Revision 01, dated October 17, 2005 (for Model A310-304, -322, 
-324, and -325 airplanes).

Acceptable for Compliance

    (g) Accomplishment of the actions required by paragraph (f) of 
this AD that are done before the effective date of this AD in 
accordance with Airbus Service Bulletin A300-28-6081 (for Model A300 
B4-605R and B4-622R airplanes, A300 C4-605R Variant F airplanes, and 
A300 F4-605R and F4-622R airplanes) or A310-28-2155 (for Model A310-
304, -322, -324, and -325 airplanes), both dated February 16, 2005, 
is acceptable for compliance with the requirements of paragraph (f) 
of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 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.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
vent float valve, P/N L87-13-001, on any airplane.

Related Information

    (j) French airworthiness directive F-2005-148, dated August 17, 
2005, also addresses the subject of this AD.

[[Page 33602]]

Material Incorporated by Reference

    (k) You must use Airbus Service Bulletin A300-28-6081, Revision 
01, dated October 11, 2005; or Airbus Service Bulletin A310-28-2155, 
Revision 01, dated October 17, 2005; as applicable, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of these documents in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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 <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on May 26, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5124 Filed 6-9-06; 8:45 am]
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