[Federal Register: July 29, 2004 (Volume 69, Number 145)]
[Rules and Regulations]
[Page 45241-45243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy04-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-272-AD; Amendment 39-13746; AD 2004-15-12]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-202, -203, -223, and
-243 Airplanes, and A330-300 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Model A330-202, -203, -223, and -243
airplanes, and A330-300 series airplanes, that requires modification of
the control box of the auxiliary power unit (APU). This action is
necessary to prevent uncommanded in-flight shutdown of the APU, which
could result in loss of critical electrical systems when the airplane
is operated in emergency electrical configuration, and consequent
reduced controllability of the airplane. This action is intended to
address the identified unsafe condition.
DATES: Effective September 2, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of September 2, 2004.
[[Page 45242]]
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2797; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Airbus Model A330-202, -
203, -223, -243, and -300 series airplanes was published in the Federal
Register on March 5, 2004 (69 FR 10369). That action proposed to
require modification of the control box of the auxiliary power unit
(APU).
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request to Change Applicability
One commenter, the airplane manufacturer, states that, according to
French airworthiness directive 2003-350(B), dated September 17, 2003,
the action specified in the proposed AD is applicable to Airbus Model
A330-202, -203, -223, -243, and A330-301, -321, -322, -323, -341, -342,
and -343 series airplanes, all serial numbers, on which Airbus
Modification 50245 has not been embodied.
Although the commenter does not make a specific request, the FAA
infers that the commenter is asking that the applicability specified in
the proposed AD be changed to match the applicability specified in the
French airworthiness directive. Per the model designation listed on the
type certificate data sheet, specifying Airbus Model A330-300 ``series
airplanes'' in the AD applicability encapsulates the airplane models
identified as ``Airbus Model A330-301, -321, -322, -323, -341, -342,
and -343 series airplanes.'' While we have not matched the French
airworthiness directive, we have provided clarification throughout this
AD preamble and in the applicability section of this AD by
differentiating between ``airplanes'' and ``series airplanes.'' We have
changed the applicability section to specify Airbus Model A330-202, -
203, -223, and -243 airplanes, and A330-300 series airplanes.
In addition, the applicability section of the AD already excludes
Airbus Modification 50245 and references the service bulletin, which
includes the serial numbers. No change to the AD is made in this
regard.
Request to Reference Later Revisions of Service Bulletin
The same commenter states that the proposed AD specifies
accomplishment of the modification per Airbus Service Bulletin A330-49-
3025, dated June 11, 2003; however, the referenced French airworthiness
directive allows that any later approved revisions of the service
bulletin are acceptable.
We infer that the commenter is asking that later revisions of
Airbus Service Bulletin A330-49-3025 be added to the AD for
accomplishment of the modification. We do not agree. We cannot approve
the use of revisions of a service document issued after publication of
the AD because doing so would violate Office of the Federal Register
(OFR) regulations for approval of materials ``incorporated by
reference'' in rules. In general terms, we are required by these OFR
regulations to either publish the service document contents as part of
the actual AD language; or submit the service document to the OFR for
approval as ``referenced'' material, in which case we may only refer to
such material in the text of an AD. To allow operators to use later
revisions of the referenced service bulletin, we must either revise the
AD to reference specific later revisions, or operators must request
approval to use later revisions as an AMOC under the provisions of
paragraph (b) of this AD. Accordingly, no change to the AD is made in
this regard.
Clarification of Compliance Time
The same commenter states that the compliance time of 12 months
after the effective date of the AD, as specified in the proposed AD,
differs from the compliance time of September 30, 2004 (at the latest),
as required by the referenced French airworthiness directive. The
commenter states that its intention is simply to note the difference;
no change is requested.
Although the commenter does not request a change, we provide the
following explanation of the differences between the compliance times.
We do not express compliance times in terms of calendar dates unless
engineering analysis establishes a direct relationship between the date
and the compliance time. Additionally, in consideration of the average
utilization rate by the affected U.S. operators, and the practical
aspects of an orderly modification of the U.S. fleet during regular
maintenance periods, we determined that 12 months after the effective
date of the AD is appropriate.
Request To Reduce Compliance Time
Another commenter asks that the implementation schedule for the
modification of the control box of the APU, as specified in the
proposed AD, be done more rapidly. The commenter states that, given the
small number of airplanes identified in the proposed AD (nine), and the
short time, and limited and easily acquired materials, implementation
should be accomplished much sooner, without causing a burden to
operators.
We do not agree that the compliance time for the modification
should be reduced. In developing an appropriate compliance time for
this action, we considered not only the degree of urgency associated
with addressing the subject unsafe condition, but the practical aspect
of doing the modification within an interval of time that parallels
normal scheduled maintenance for the majority of affected operators. In
addition, we find that adequate maintenance will provide an acceptable
level of safety until the modification is done. However, operators are
always permitted to accomplish the actions earlier than the compliance
time specified in an AD. Accordingly, no change to the AD is made in
this regard.
Conclusion
We have carefully reviewed the available data, including the
comments noted above, and determined that air safety and the public
interest require adopting the AD with the change described previously.
This change will neither increase the economic burden on any operator
nor increase the scope of the AD.
Cost Impact
We estimate that 9 airplanes of U.S. registry will be affected by
this AD, that it will take about 1 work hour per airplane to do the
required actions, and that the average labor rate is $65 per work hour.
Required parts will cost
[[Page 45243]]
about $140 per airplane. Based on these figures, the cost impact of the
AD on U.S. operators is estimated to be $1,845, or $205 per airplane.
The cost impact figure discussed above is 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.
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 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
0
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
0
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]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-15-12 Airbus: Amendment 39-13746. Docket 2003-NM-272-AD.
Applicability: Model A330-202, -203, -223, and -243 airplanes,
and A330-300 series airplanes; certificated in any category; on
which Airbus Modification 50245 has not been done.
Compliance: Required as indicated, unless accomplished
previously.
To prevent uncommanded in-flight shutdown of the auxiliary power
unit (APU), which could result in loss of critical electrical
systems when the airplane is operated in emergency electrical
configuration, and consequent reduced controllability of the
airplane, accomplish the following:
(a) Within 12 months after the effective date of this AD: Modify
APU control box 5000VE by doing all the actions per the
Accomplishment Instructions of Airbus Service Bulletin A330-49-3025,
dated June 11, 2003.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Incorporation by Reference
(c) The actions shall be done in accordance with Airbus Service
Bulletin A330-49-3025, dated June 11, 2003. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Note 1: The subject of this AD is addressed in French
airworthiness directive 2003-350(B), dated September 17, 2003.
Effective Date
(d) This amendment becomes effective on September 2, 2004.
Issued in Renton, Washington, on July 19, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-16915 Filed 7-28-04; 8:45 am]
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