Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2010-0239-E, dated November 19, 2010 [Corrected November 23, 2010] (referred to after this as "the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
During a routine maintenance check on an A300-600 aeroplane, the operator found the pitch uncoupling unit installed at an incorrect location. The pitch uncoupling unit was inverted with the rod assembly.
After a complete inspection of all A300-600 aeroplanes of its fleet, the operator identified the same incorrect installation on another aeroplane. Had this routine maintenance check, which was accomplished for other purposes, not been carried out, the incorrect installation could only have been detected during the accomplishment of the pitch uncoupling functional test.
Note:Another maintenance task, the pitch uncoupling operational test, scheduled at intervals not to exceed 2,000 FH or 36 months, whichever occurs first (MPD task 273100-01-1), only validates the condition of the pitch uncoupling solenoid.
This condition, if not detected and corrected, in combination with particular failure modes, could lead to loss of control of the aeroplane during the takeoff phase.
For the reason described above, this AD requires a one time visual inspection, to detect any incorrect installation of the pitch uncoupling unit,and, depending on findings, to take corrective actions.
This [EASA] AD was republished to correct the compliance time.
Corrective actions include removing and re-installing the pitch uncoupling unit and rod assembly at the correction location and doing a functional test to verify correct operation. You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued A300-600 All Operators Telex 27A6068, Revision 01, dated November 18, 2010. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those inthe MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because a pitch uncoupling unit was found to be installed at an incorrect location. The pitch uncoupling unit was inverted with the rod assembly. This condition, if not detected and corrected, in combination with other failure modes, could lead to loss of control of the airplane during the take-off phase. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2010-1278; Directorate Identifier 2010-NM-260-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
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 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 this AD:
1. Is not a "significant regulatory action'' under Executive Order 12866;
2. Is not a "significant rule'' under the 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.
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:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD: