Examining the Docket
You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov 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 all Airbus Model A330, A340-200, and A340-300 series airplanes; and A340-541 and -642 airplanes. That NPRM was published in the Federal Register on July 8, 2004 (69 FR 41211). That NPRM proposed to require inspecting for damage to certain actuators of the low-pressure shut-off valve (LPSOV), and related investigative and corrective actions if necessary.
Comments
We provided the public the opportunityto participate in the development of this AD. We have considered the comments received.
Requests To Limit Applicability
One commenter, on behalf of Airbus, requests that we revise the proposed applicability to match that of the French airworthiness directive, which is limited to airplanes equipped with certain LPSOV part numbers (P/Ns). The commenter adds that Model A330-301 airplanes (among others) receive Airbus Modification 48225/48223 in production, and Model A340-541 and -642 airplanes receive Airbus Modification 48552 in production. These modifications involve installing actuator P/N FRH010041.
We infer that the commenter would like us to remove Model A330-301, A340-541, and A340-642 airplanes from the applicability of the proposed AD. Since we issued the proposed AD, French airworthiness directive F- 2003-360 R1, dated May 26, 2004, was issued to limit the applicability to A340-200 and -300 series airplanes. We have revised this final rule accordingly. There has been no corresponding revision to French airworthiness directive F-2003-359 to exclude Model A330-301 airplanes.
Another commenter, a Model A330 operator, also requests that we limit the applicability. The commenter reports the following: This operator's entire A330 fleet was delivered with P/N FRH010041 actuators installed, its first A330 was delivered July 2003, and no P/N HTE190021 or P/N HTE190026 actuators have been purchased. Airbus Service Bulletins A330-28-3083 and A340-28-4098, both dated March 25, 2003, limit their effectivity to airplanes delivered up to May 2003, but the proposed AD would not so limit the applicability. The commenter requests that we revise the applicability of the proposed AD to match that of the service bulletins.
As stated in the preamble to the proposed AD, "the French airworthiness directives specify that Model A330 and A340 series airplanes are affected if they are equipped with LPSOV actuators having certain part numbers." The Airbus servicebulletins, which are mandated by the French airworthiness directives, specify that operators first identify the part numbers of the actuators. This AD therefore applies to all Model A330 and A340 series airplanes and requires part number identification. Because the part is interchangeable, this AD further ensures that affected LPSOVs are not installed in the future, as required by paragraph (g) of this AD. However, we agree to revise paragraph (f) of this final rule to also allow an airplane records review to determine the part number of the actuator.
Request To Allow Additional Service Information
The proposed AD would require operators to inspect certain LPSOV actuators, and would prohibit installation of affected actuators on or after the effective date of the AD. One commenter, on behalf of an operator of Model A330 airplanes, notes that Task 28-00-00-200-80 of the A330 Aircraft Maintenance Manual (AMM), task 28-00-00-200-801, revised July 1, 2004, provides new installation procedures for measuring the dowel in each LPSOV location. According to the commenter, the AMM should provide sufficient instructions to meet the parts installation requirement (paragraph (g) of the proposed AD); however, as written, paragraph (g) would prohibit installing an affected actuator unless it has been measured specifically in accordance with Airbus Service Bulletin A330-28-3083. The commenter requests that we revise paragraph (g) to also consider the AMM task acceptable for measuring the dowel during installation of the actuator. The commenter asserts that this change will also prevent the inadvertent installation of an actuator that had not been measured, since actuators that have been inspected in accordance with Airbus Service Bulletin A330-28-3083 are not so marked or identified. The commenter also requests that we allow actuators previously installed in accordance with the AMM after the revision date that added the new measurement task be given credit for the requirements of paragraph (f) of the proposed AD.
The Accomplishment Instructions in the referenced service bulletins refer to the appropriate AMM sections as additional sources of service information. It is not necessary to cite the specific AMM references in this AD. Furthermore, the service bulletin does not refer to a specific revision level of the AMM. Compliance with any revision of the AMM is acceptable for compliance with the requirements of this AD, as long as the required actions (such as measurement) were done. Paragraph (e) of this AD allows for compliance when the required actions have already been done. We have not changed the final rule regarding these references.
Additional Changes to Proposed AD
Paragraph (f)(1) of the proposed AD stated that no further action would be required for airplanes with LPSOV part number FRH010041. However, the requirements of paragraph (g) remain in effect for all airplanes. We have changed paragraph (f)(1) in this final rule to referonly to the requirements of paragraph (f) for those airplanes.
We have revised the applicability of the proposed AD to identify model designations as published in the most recent type certificate data sheet for the affected models.
We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.
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
The following table provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs
Action
Work hours
Average labor rate per hour
Parts
Cost per airplane
Number of U.S.-
registered airplanes
Fleet cost
Inspection
1
$65
No parts
$65
15
$975
Currently, there are no U.S.-registered Model A340-200 or -300 series airplanes; however, if any are imported and placed on the U.S. Register in the future, the estimated costs in the above table would apply.
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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):