[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Rules and Regulations]
[Pages 67050-67052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25035]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-277-AD; Amendment 39-13868; AD 2004-23-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330, A340-200, and A340-
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, A340-200, and A340-300 series 
airplanes; that requires inspecting the ram air turbine (RAT) actuator 
to determine its serial number; and re-identifying the RAT actuator, 
inspecting the RAT actuator to determine whether the rotary solenoids 
are in the correct position, and replacing the RAT actuator, as 
applicable. This action is necessary to prevent failure of the RAT 
actuator to deploy when necessary during flight, which could result in 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective December 21, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 21, 2004.

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 html.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; 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, A340-
200, and A340-300 series airplanes was published in the Federal 
Register on April 1, 2004 (69 FR 17109). That action proposed to 
require inspecting the ram air turbine actuator (RAT) to determine its 
serial number; and re-identifying the RAT actuator, inspecting the RAT 
actuator to determine whether the rotary solenoids are in the correct 
position, and replacing the RAT actuator, as applicable.

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 from a single commenter.

Request To Expand Applicability To Include Additional Models

    The commenter, the airplane manufacturer, notes that French 
airworthiness directive 2002-422(B) R1, dated January 22, 2003, applies 
to Airbus Model A330-201, -202, -203, -223, -243, -301, -321, -322, -
323, -341, -342, and -343 airplanes, equipped with certain RAT modules. 
The commenter notes that the French airworthiness directive will have 
to be revised to apply to Airbus Model A330-302 and -303 airplanes when 
those airplanes are certificated.
    We infer that the commenter is requesting that we revise the 
proposed AD to include the additional models. We do not concur. Airbus 
Model A330-302 and -303 airplanes are not certificated in the United 
States as of the preparation of this final rule. If these models are 
certificated in the United States in the future, we may consider 
rulemaking to require actions similar to those required by this AD on 
those airplanes, if necessary. We have made no change to this AD.

Request To Revise Compliance Time

    The commenter notes that the proposed AD differs from French 
airworthiness directives 2002-422(B) R1 and 2002-423(B) R1, both dated 
January 22, 2003, in the compliance time for the one-time inspection to 
determine if the rotary solenoids are in the correct position. We infer 
that the commenter is referring to the fact that French airworthiness 
directives 2002-422(B) R1 and 2002-423(B) R1 require that this 
inspection be done ``not later than August 31, 2004,'' while the 
proposed AD specifies a compliance of 24 months after the effective 
date of the AD for the same action.
    We infer that the commenter is requesting that we revise the

[[Page 67051]]

compliance time to correspond to the compliance time in the French 
airworthiness directives for the inspection to determine if the rotary 
solenoids are in the correct position. We do not concur that a change 
is necessary. We express compliance times based on calendar dates 
(e.g., ``before January 1, 1993'') only when engineering analysis 
establishes a direct relationship between the date and the compliance 
time. In this case, no direct relationship exists. We note that 
paragraph 3., ``Compliance'' of the French airworthiness directives 
states that ``the following measures are rendered mandatory from the 
effective date of this AD at original issue.'' The compliance time for 
the subject inspection in the French airworthiness directives, August 
31, 2004, corresponds to 24 months after the effective date of the 
original issue of the French airworthiness directives (August 31, 
2002). Thus, the compliance time of 24 months after the effective date 
of this AD for the inspection to determine whether the rotary solenoids 
are in the correct position, as stated in paragraph (c) of this AD, is 
consistent with the compliance time specified in the French 
airworthiness directives. We have made no change to this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    We estimate that 9 Model A330 series airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 4 work 
hours per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of this AD on U.S. operators is estimated to be $2,340, or 
$260 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.
    Currently, there are no affected Model A340-200 or -300 airplanes 
on the U.S. Register. However, if an affected airplane is imported and 
placed on the U.S. Register in the future, it will be subject to the 
same costs stated above for the Model A330 series airplanes.

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:

2004-23-13 Airbus: Amendment 39-13868. Docket 2003-NM-277-AD.

    Applicability: Model A330, A340-200, and 340-300 series 
airplanes; certificated in any category; equipped with a ram air 
turbine (RAT) module, Model ERPS06M, having part number (P/N) 
766351, 768084, 770379, 770952, or 770952A; and containing RAT 
actuator P/N 5911905, 5911326, or 5913234.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the RAT actuator to deploy when necessary 
during flight, which could result in reduced controllability of the 
airplane, accomplish the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins listed in 
paragraphs (a)(1) and (a)(2) of this AD. Although these service 
bulletins specify returning removed actuators to Liebherr-Aerospace 
for inspection, this AD does not require this action.
    (1) For Model A330 series airplanes: Airbus Service Bulletin 
A330-29-3083, dated August 6, 2002.
    (2) For Model A340-200 and -300 series airplanes: Airbus Service 
Bulletin A340-29-4064, Revision 01, dated August 8, 2002.

    Note 1: The service bulletins refer to Hamilton Sundstrand 
Service Bulletin ERPS06M-29-16, dated July 18, 2002; and Liebherr-
Aerospace Service Bulletin 1560A-29-03, dated July 8, 2002; as 
additional sources of service information for identifying and 
inspecting subject RAT actuators, determining whether inspection 
findings are within acceptable limits, and re-identifying actuators 
if necessary. Although the Liebherr-Aerospace service bulletin 
specifies completing and returning a sheet recording compliance with 
that service bulletin and returning removed actuators for 
inspection, this AD does not require these actions.

Serial Number Inspection

    (b) Within 24 months after the effective date of this AD, 
inspect the RAT actuator to determine its serial number (S/N), per 
the applicable service bulletin. If the RAT actuator has a S/N 
greater than 1286, re-identify the RAT actuator, per the applicable 
service bulletin.

Inspection To Determine Position of Rotary Solenoids

    (c) If the RAT actuator has a S/N less than or equal to 1286: 
Within 24 months after the effective date of this AD, perform a one-
time detailed inspection of the RAT actuator to determine whether 
the rotary solenoids are in the correct position, per the applicable 
service bulletin.
    (1) If the position of the rotary solenoids is within the limits 
specified in the applicable service bulletin: Before further flight, 
re-identify the RAT actuator, per the applicable service bulletin.
    (2) If the position of the rotary solenoids is outside the 
limits specified in the applicable service bulletin: Before further 
flight, replace the RAT actuator with a new or serviceable actuator, 
per the applicable service bulletin.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror,

[[Page 67052]]

magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Parts Installation

    (d) As of the effective date of this AD, no person may install, 
on any airplane, a RAT actuator having P/N 5911905, 5911326, or 
5913234, unless the actions required by this AD are accomplished.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (f) The actions shall be done in accordance with Airbus Service 
Bulletin A330-29-3083, dated August 6, 2002; or Airbus Service 
Bulletin A340-29-4064, Revision 01, dated August 8, 2002, as 
applicable. 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 3: The subject of this AD is addressed in French 
airworthiness directives 2002-422(B) R1 and 2002-423(B) R1, both 
dated January 22, 2003.

Effective Date

    (g) This amendment becomes effective on December 21, 2004.

    Issued in Renton, Washington, on November 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25035 Filed 11-15-04; 8:45 am]
BILLING CODE 4910-13-U