The FAA proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with an AD to supersede AD 2000-18-07, amendment 39-11892 (65 FR 54407, September 8, 2000). The existing AD applies to certain Airbus Model A300, A300-600, and A310 series airplanes. The proposed AD was published in the Federal Register on October 4, 2004 (69 FR 59153), to require replacement of the transformer rectifier units (TRUs) installed according to the existing AD with different TRUs that are improved.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been submitted on the proposed AD by a single commenter.
Request--Correct Typographical Error
The commenter notes a typographical error in the citations for one of the service bulletins referenced in the proposed AD. While the preamble of the proposed AD correctly refers to Airbus Service Bulletin A300-24-0099, Revision 01, dated December 18, 2003, the body of the proposed AD incorrectly refers to Airbus Service Bulletin A300-27-0099, Revision 01, dated December 18, 2003. We have revised paragraphs (f) and (g) and Note 1 of this final rule to correct the typographical errors.
Request--Refer to Corresponding Service Bulletins in Applicability
The commenter requests that we revise the applicability statement in paragraph (c) of the proposed AD to refer to the service bulletins that correspond to Airbus Modification 12540--Airbus Service Bulletins A300-24-0099 (for Model A300 B2 and B4 series airplanes), A300-24-6082 (for Model A300-600 series airplanes), and A310-24-2088 (for Model A310 series airplanes); all Revision 01; all dated December 18, 2003. The commenter notes that the applicability of French airworthiness directive 2003-082R1 excludes airplanes on which the relevant service bulletin has been done, but the applicability of the proposed AD does not exclude those airplanes. The commenter states that the exclusion in the French airworthiness directive is intended to minimize the burden on operators that have previously accomplished the relevant service bulletin. The commenter states that it does not understand the explanation of the applicability of the proposed AD that is contained in the paragraph "Difference Between the French Airworthiness Directive and This Proposed AD." The commenter questions the FAA's concern and wonders whether the stated difference will become a general FAA policy.
Our concern about referring in the applicability statement to the service bulletins corresponding to a production modification is the possibility that an airplane modified in service to be equipped with TRUs having part number (P/N) F11QY3714 could subsequently have those TRUs removed and replaced with TRUs having P/N F11QY3121. An operator could misunderstand the intent of an exclusion in the applicability statement and conclude that the airplane is no longer subject tothe requirements of this AD because Airbus Service Bulletin A300-24-0099, A300-24-6082, or A310-24-2088, as applicable, was done in the past. We find that not referring to these service bulletins in the applicability statement ensures that all affected airplanes will be equipped with TRUs having P/N F11QY3714. Also, we find this will not place a significant burden on affected operators because, if an airplane has been modified previously to be equipped with TRUs having P/N F11QY3714, according to paragraph (g) of this AD, no further action is required by paragraph (f) of this AD. We have not changed the final rule in this regard.
Request--Explain Omission of Master Minimum Equipment List (MMEL) Provision
The commenter questions why the proposed AD does not mention the MMEL provision specified in French airworthiness directive 2003-082R1. The commenter notes that French airworthiness directive 2003-082R1 specifies that doing the actions in Airbus Service Bulletin A300-24- 0099,A300-24-6082, or A310-24-2088, as applicable, is a way to come back to the DGAC's initial MMEL requirements.
We find that it is not necessary for this AD to refer to the MMEL provision specified in French airworthiness directive 2003-082R1. The FAA does not issue ADs to mandate changes to the MMEL. Instead, the Chairman of the Flight Operations Evaluation Board, Flight Standards Service, FAA, revises the MMEL; then, operators of U.S.-registered airplanes must comply with the new provisions of the MMEL within 60 days. In this case, the requirements of the FAA's MMEL are already equally restrictive or more restrictive than the DGAC's MMEL provisions. We have not changed the final rule in this regard.
Explanation of Additional Changes
Note 1 of the proposed AD refers to Thales Service Bulletins F11QY3121-24-001, dated February 2, 1998; and F11QY3121-24-002, dated October 5, 2000. We have revised Note 1 in this final rule to refer to these service bulletins as Auxilec service bulletins.
Also, a typographical error in paragraph (g) of the proposed AD resulted in an incorrect reference to paragraph (a) of the proposed AD, where we intended to reference paragraph (f) of the proposed AD. We have revised paragraph (g) of this AD to refer to paragraph (f) of this AD.
Conclusion
We have carefully reviewed the available data, including the comments that have been submitted, 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 affects about 165 airplanes of U.S. registry.
The new actions take about 2 work hours per airplane, at an average labor rate of $65 per work hour. The parts manufacturer will provide required parts free of charge. Based on these figures, the estimated cost of the new actions required by this ADfor U.S. operators is $21,450, or $130 per airplane.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements." Under that section, the FAA is charged 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 AD.
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. 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.
Adoptionof 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 removing amendment 39-11892 (65 FR 54407, September 8, 2000), and adding the following new airworthiness directive (AD):