The Direction G n rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on all Airbus Model A330 and A340 series airplanes. The DGAC advises that it has received several reports of fires in the wheel well area. The cause of the fires has been attributed to use of the electric motor-driven hydraulic pumps (EHP). The DGAC had previously issued French airworthiness directives to require electrical isolation of the three EHP in order to address the unsafe condition. However, since that time, the DGAC has received one additional report of an on-ground fire in the wheel well. The investigation into the cause of this incident has not yet concluded; however, deliberate or inadvertent operation of the EHP is believed to be related to the incident. This condition, if not corrected, could result in fire in the wheel well area, and consequent damage to airplane structure or injury to airplane occupants.
Explanation of Relevant Service Information
Airbus has issued All Operators Telex (AOT) 29-21, Revision 1, dated January 8, 1997, which describes procedures for the disconnection and electrical isolation of all EHP s, and the installation of certain system inoperative placards in the flight deck.
Airbus also has issued Service Bulletins A330-29-3041, dated February 25, 1997 (for Model A330 series airplanes), and A340-29-4041, dated February 26, 1997 (for Model A340 series airplanes), which describe procedures for removal of the three EHP s and associated wiring to permit installation of alternative pumps, or installation of provisions that would allow use of dedicated ground support equipment. Accomplishment of the actions specified in the AOT and service bulletins described previously is intended to adequately address the identified unsafe condition.
The DGAC classified the AOT and service bulletins as mandatory and issued French airworthiness directives 97-017-043(B)R2, dated June 18, 1997, as revised by ERRATUM, dated July 2, 1997; and 97-018-059(B)R2, dated June 18, 1997, as revised by ERRATUM, dated July 2, 1997; in order to assure the continued airworthiness of these 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, the AD requires accomplishment of the actions specified in the AOT and service bulletins described previously.
Differences Between This AD and the French AD s
This AD differs from the parallel French airworthiness directives in that it requires a single method of preventing operation of the three EHP s. The DGAC AD s provide three methods of compliance: describing procedures for disconnection and electrical isolation of the three EHP s; removal of the three EHP s with installation of placards in the flight deck; or removal of the three EHP s and subsequent installation of replacement EHP s. However, the FAA has determined that removal of the EHP s is the most effective method of addressing the unsafe condition; therefore, this AD requires the removal of the three EHP s and installation of placards in the flight deck. Operators should note that such removal of the three EHP s allows the option of using ground support equipment, or installing alternative pumps, as described in the French airworthiness directives.
Cost Impact
None of the Model A330 and A340 series 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 20 work hours to accomplish the required actions, at an average labor rate of $60 per work hour. Required parts would be provided by the manufacturer at no charge to the operator. Based on these figures, the cost impact of this AD would be $1,200 per airplane.Determination of Rule's Effective Date
Since this AD action does not affect 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. Factualinformation 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.
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 acknowledge receipt 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 Number 97-NM-320-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adoptedherein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
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 of small 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 adding the following new airworthiness directive: