AD 2007-02-21

[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3712-3715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-1079]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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


Airworthiness Directives; Airbus Model A300 Airplanes; and Model 
A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R 
Variant F Airplanes (Collectively Called A300-600 Series Airplanes)

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

ACTION: Final rule.

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

DATES: This AD becomes effective March 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 2, 2007.

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

Comments

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

Request To Refer To Revised Service Information

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

[[Page 3713]]

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

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

Request To Refer to EASA Airworthiness Directive

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

Request To Change Incorporation of Certain Information

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

Request To Revise Specification of Replacement Parts

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

[[Page 3714]]

or ``airworthy parts,'' and, because of these differences, the 
requirements of Executive Order 12866 for all agencies to act uniformly 
on a given issue are not being met. MARPA therefore requests that the 
NPRM be modified to consider and permit the use of PMA parts pursuant 
to existing laws and regulations.
    We do not agree with this request. The NPRM did not address PMA 
parts as provided in draft FAA Order 8040.2, because the Order was only 
a draft that was out for comment at the time. After issuance of the 
NPRM, the Order was revised and issued as FAA Order 8040.5 with an 
effective date of September 29, 2006; however, FAA Order 8040.5 does 
not address PMA parts in ADs.
    We acknowledge the need to ensure that unsafe PMA parts are 
identified and addressed in MCAI-related ADs. Further, the FAA 
recognizes the need for standardizing directorate policies and is 
currently in the process of reviewing issues that address the use of 
PMAs in ADs at the national level. Once we have made a final 
determination, we will consider how our policy regarding PMA parts in 
ADs needs to be revised. However, the Transport Airplane Directorate 
considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the final rule 
in this regard.

Conclusion

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

Costs of Compliance

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

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

Effective Date

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

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

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

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Pressure Limiter Replacement

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

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

[[Page 3715]]

 
A300 B4-601, B4-603, B4-620, B4-622,  A300-32-6094..................         01  October 2, 2006.
 B4-605R, B4-622R, F4-605R, F4-622R,
 and C4-605R Variant F airplanes.
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    Note 1: The Airbus service bulletins refer to Messier-Bugatti 
Service Bulletin C24264-32-848, dated February 15, 2006, as an 
additional source of service information for modifying the parking 
brake pressure limiter.

Actions Accomplished According to Previously Issued Service Information

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

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

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

Alternative Methods of Compliance (AMOCs)

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

Related Information

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

Material Incorporated by Reference

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

              Table 3.--Material Incorporated by Reference
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   Airbus Service Bulletin      Revision level            Date
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A300-32-0448.................               01  October 2, 2006.
A300-32-6094.................               01  October 2, 2006.
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    Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1079 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P