A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 2002-16-12, amendment 39-12851 (67 FR 53478, August 16, 2002), which is applicable to certain Airbus Model A330 and A340 series airplanes, was published in the Federal Register on April 1, 2004 (69 FR 17091). The action proposed to continue to require revising the Limitations Section of the airplane flight manual (AFM) to ensure the flightcrew is advised of the proper procedures in the event of uncommanded movement of a spoiler during flight. The proposed AD also would require inspections and checks of the function of the pressure relief valves of each spoiler servo control (SSC), and corrective action if necessary. The proposed AD would also mandate eventual modification of the SSCs, which would terminate the AFM revision in the existing AD. \n\nComments \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. \n\n\tOne commenter supports the proposed AD. One commenter indicates that it does not own or operate any affected airplanes. \n\nRequest To Change Applicability \n\n\tOne commenter reiterates the applicability listed in the French airworthiness directives referenced in the proposed AD, and issued by the Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, and suggests that the applicability specified in the proposed AD be changed to match the French airworthiness directives. \n\n\tWe do not agree. The applicability specified in the proposed AD was carried over from AD 2002-16-12, and has not changed. For clarification, the model designation listed on the type certificate data sheet, specifying Airbus Model A330 series airplanes, covers the airplane models identified as "Airbus Model A330-201, -202, -203, - 223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes." Airbus Model A340-200 and -300 series airplanes covers the airplane models identified as "Airbus Model A340-211, -212, -213, and A340-311, -312, and -313 airplanes." In addition, the applicability in the proposed AD already specifies the part numbers for the SSCs, as does the effectivity in the French airworthiness directives. No change is made to the AD in this regard. \n\nRequest To Clarify Paragraphs (c) and (d) of the Proposed AD \n\n\tOne commenter states that the repetitive inspection intervals for SSCs with any malfunction, as specified in paragraph (c) of the proposed AD, and the repetitive inspection intervals for SSCs with no malfunction, as specified in paragraph (d) of the proposed AD, are redundant. \n\n\tAlthough the commenter does not make a specific request, we infer that the commenter is asking for clarification of the repetitive inspection intervals specified in paragraphs (c) and (d) of the proposed AD. We agree that some clarification is necessary; therefore, we have removed the repetitive inspection/check intervals for functioning SSCs from paragraph (c), and included clarification that the requirements in paragraph (c) are only for affected SSCs on which a malfunction is found. In addition, we have included clarification that the repetitive inspections/checks required by paragraph (d) are only for affected SSCs on which no malfunction is found. \n\nRequests To Change Compliance Times \n\n\tOne commenter states that there is a difference between the proposed AD and the referenced French airworthiness directives regarding the starting date for the initial detailed inspection/ functional check. The commenter also notes that there is a difference between the proposed AD and the referenced French airworthiness directives which provide a calendar date for accomplishment of the terminating action for all SSCs. \n\n\tAlthough the commenter does not make a specific request, we infer that the commenter is asking that the compliance time for the initial detailed inspection/functional check and the terminating action, as specified in paragraphs (b) and (e) of the proposed AD, respectively, be changed to match the compliance times in the French airworthiness directives. \n\n\tWe do not agree. The French airworthiness directives give a compliance time for the initial detailed inspection/functional check based on the original issue date of those airworthiness directives. Due to some procedural differences in the way we express compliance times, the compliance time in this AD is presented in a manner that differs from that in the French airworthiness directives. However, the compliance time captures the intent of the French airworthiness directives, and ensures that operators of all affected airplanes are given sufficient time to accomplish the inspection, while still ensuring operational safety. \n\n\tIn addition, the compliance time in the French airworthiness directives for the terminating action specifies a calendar time, but we do not express compliance times in terms of calendar dates unless an engineering analysis establishes a direct relationship between the date and the compliance time. Additionally, a risk assessment done by the manufacturer and the DGAC, in agreement with the FAA, validates the compliance times required by this AD. \n\n\tIn light of these factors, we have determined that 700 flight hours for the initial detailed inspection/functional check, and 13 months for the terminating action, is appropriate. No change is made to the AD in this regard. \n\n\tAnother commenter asks that the compliance time for the terminating action be extended. The commenter states that the actions required by the proposed AD are best suited for a base maintenance environment. The commenter adds that the current compliance time of 13 months for accomplishment of the modification of the SSCs does not coincide with any scheduled maintenance interval. The commenter asks that the compliance time be extended to 18 months to correspond with the C-check interval. \n\n\tWe do not agree that the compliance time for the terminating action should be extended. As specified in our response above, a risk assessment done by the manufacturer and the DGAC, in agreement with the FAA, validates the compliance times required by this AD. No change is made to the AD in this regard. \n\nConclusion \n\n\tWe 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 change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. \n\nCost Impact \n\n\tThere are about 14 airplanes of U.S. registry that will be affected by this AD. \n\n\tThe AFM revision that is currently required by AD 2002-16-12 takes about 1 work hour per airplane to accomplish, at an average labor rate of $65 per work hour. Based on these figures, the cost impact of the currently required AFM revision is estimated to be $65 per airplane. \n\n\tThe new inspections/checks that are required by this AD action will take about 1 work hour per airplane to accomplish, at an average labor rate of $65 per work hour. Based on these figures, the cost impact of the inspections/checks required by this AD on U.S. operators is estimated to be $910, or $65 per airplane, per inspection/check cycle. \n\n\tThe new modification that is required by this AD action will take about 15 work hours per airplane to accomplish, at an average labor rate of $65 per work hour. Required parts will be provided to operators free of charge. Based on these figures, the cost impact of the modification required by this AD on U.S. operators is estimated to be $13,650, or $975 per airplane. \n\n\tThe cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. \n\n\tCurrently, there are no Model A340 series airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the new inspections/checks in this AD action would take about 1 work hour, at an average labor rate of $65 per work hour. Based on these figures, we estimate the cost of the inspections/checks to be $65 per airplane, per inspection/check cycle. The new modification in this AD action would take about 15 work hours per airplane to accomplish, at an average labor rate of $65 per work hour. Required parts would be provided to operators free of charge. Based on these figures, we estimate the cost of this modification to be $975 per airplane. \n\nRegulatory Impact \n\n\tThe 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. \n\n\tFor 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, 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: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n§ 39.13 (Amended) \n\n2. Section 39.13 is amended by removing amendment 39-12851 (67 FR 53478, August 16, 2002), and by adding a new airworthiness directive (AD), amendment 39-13793, to read as follows: