[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45241-45243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16915]


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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]
BILLING CODE 4910-13-P