On December 10, 1999, the FAA issued AD 99-26-12, amendment 39-11471 (64 FR 71004, December 20, 1999). That AD is applicable to all Airbus Model A330-301, -321, and -322 series airplanes; and Model A340-211, -212, -213, -311, -312, and -313 series airplanes. That AD requires repetitive replacements of the yaw damper actuator installed on active position with a new or overhauled actuator. That AD was prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The requirements of that AD are intended to prevent hydraulic leakage from the yaw damper actuator installed on active position due to premature wear of the dynamic seals between the actuator piston and the piston bearing. Hydraulic leakage could lead to complete loss of the green hydraulic circuit, which could result in reduced controllability of the airplane.
Actions Since Issuance of Previous Rule
As described in the proposed NPRM toAD 99-26-12, hydraulic fluid leakage from the yaw damper actuator has been attributed to premature wear of certain dynamic seals. Investigation revealed a link between the leakage and small inputs sent by the flight control primary computers (FCPC).
In the preamble to AD 99-26-12, the FAA specified that the actions required by that AD were considered "interim action" and that the manufacturer was developing a modification to positively address the unsafe condition. The FAA indicated that it may consider further rulemaking action once the modification was developed, approved, and available. The manufacturer now has developed such a modification for Model A330 series airplanes, and the FAA has determined that further rulemaking action is indeed necessary; this proposed AD follows from that determination.
A similar modification has been developed for Model A340 series airplanes. There currently are no such airplanes on the U.S. Register. The A340 modification will be included in the FAA Required Modification List for these airplanes. Actions identified on this list must be accomplished before the airplane may be imported into the United States.
Explanation of Relevant Service Information
Airbus has issued the following service bulletins for Model A330 series airplanes:
Service Bulletin
Revision level
Date
A330-27-3068
Original
July 29, 1999
A330-27-3071
Original
November 19, 1999
A330-27-3055
02
March 24, 2000
Service Bulletins A330-27-3068 and A330-27-3071 describe procedures for obtaining new software standards for the FCPCs by replacing or reprogramming the on-board replaceable modules, or by replacing the FCPCs with new, improved FCPCs. The actions specified by these service bulletins are intended to prevent premature wear and subsequent leakage of the active and damping yaw actuators. Revision 02 of Service Bulletin A330-27-3055 was issued to, among other things, add a detailed visual inspection of the FCPC part numbersand revise certain repair procedures for replacing the yaw damper actuator. The actions otherwise are the same as those described in Revision 01 of the service bulletin, which was referred to in AD 99-26-12 as the appropriate source of service information for replacing the yaw damper actuator.
The DGAC classified the service bulletins as mandatory and issued French airworthiness directive 2000-076-115(B) R1, dated March 22, 2000, to ensure the continued airworthiness of affected Model A330 series airplanes in France.
FAA's Conclusions
These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above.
The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Explanation of Requirements of the Rule
Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, this AD is being issued to prevent hydraulic leakage from the yaw damper actuator installed on active position, which could lead to complete loss of the green hydraulic circuit and consequent reduced controllability of the airplane. This AD supersedes AD 99-26-12 to continue to require repetitive replacements of the yaw damper actuator installed on active position with a new or overhauled yaw damper actuator. This AD adds a requirement, for affected Model A330 series airplanes, to install upgraded FCPCs, which terminates the requirement for repetitive actuator replacements for those airplanes. The actions are required to be accomplishedin accordance with the service bulletins described previously.
Cost Impact
None of the airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 2 work hours to accomplish the required actions, at an average labor rate of $60 per work hour. Required parts would cost approximately $390 per airplane. Based on these figures, the cost impact of this AD is estimated to be $510 per airplane.
Determination of Rule's Effective Date
Since this AD action does notaffect any airplane that is currently on the U.S. register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, prior notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.
Comments Invited
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Submit comments using the following format:
-- Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.
-- For each issue, state what specific change to the AD is being requested.
-- Include justification (e.g., reasons or data) for each request.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledgereceipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 2000-NM-292-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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 ofsmall entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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.
39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-11471 (64 fr 71004, December 20, 1999), and by adding a new airworthiness directive (AD), amendment 39-12079, to read as follows: