[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Rules and Regulations]
[Pages 9848-9850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3279]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19451; Directorate Identifier 2002-NM-138-AD; 
Amendment 39-13983; AD 2005-04-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and B4 Series 
Airplanes; A300 B4-600, B4-600R and F4-600R Series Airplanes, and Model 
C4-605R Variant F Airplanes (Collectively Called A300-600); and A310 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Airbus Model A300 B2 and B4, A300-600, and 
A310 series airplanes. That AD currently requires identification of the 
part number and serial number of the parking brake operated valve 
(PBOV); and, if necessary, inspections of the PBOV, including a 
functional check of the PBOV, and follow-on and corrective actions. 
That AD also provides for optional terminating action for the 
requirements of that AD. This new AD requires modification of all 
affected PBOVs, or replacement with new, non-affected PBOVs, which 
would terminate the requirements of the existing AD. This AD is 
prompted by a decision by the FAA and a civil airworthiness authority 
to require modification or replacement of all affected PBOVs. We are 
issuing this AD to prevent loss of the yellow hydraulic system, which 
provides all the hydraulics for certain spoilers; elements of the 
hydraulics for flaps, stabilizer, pitch and yaw feel systems, pitch and 
yaw autopilot, and yaw damper; and elevator, rudder, and aileron.

DATES: This AD becomes effective April 5, 2005.
    The incorporation by reference of Airbus Service Bulletin A310-
32A2124, including Appendix 01, dated September 10, 2001, as listed in 
the AD, is approved by the Director of the Federal Register as of April 
5, 2005.
    On May 8, 2002 (67 FR 19655, April 23, 2002), the Director of the 
Federal Register approved the incorporation by reference of Airbus 
Service Bulletin A300-32A0441, including Appendix 01, dated September 
10, 2001; and Airbus Service Bulletin A300-32A6087, including Appendix 
01, dated September 10, 2001.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You 
can examine this information 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at

[[Page 9849]]

the U.S. Department of Transportation, 400 Seventh Street SW., room PL-
401, Washington, DC. This docket number is FAA-2004-19451; the 
directorate identifier for this docket is 2002-NM-138-AD.

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) 
227-2125; fax (425) 227-2797.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR Part 39) with an AD to supersede 
AD 2002-08-14, amendment 39-12722 (67 FR 19655, April 23, 2002). The 
existing AD applies to all Airbus Model A300 B2 and B4; A300 B4-600, 
B4-600R, and F4-600R (collectively called A300-600); and A310 series 
airplanes. The proposed AD was published in the Federal Register on 
October 27, 2004 (69 FR 62627), to retain certain requirements of the 
existing AD. The action also proposed to require modification of all 
affected parking brake operated valves (PBOVs), or replacement with 
new, non-affected PBOVs, which would terminate the requirements of the 
existing AD.

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.

Request To Withdraw the Proposed AD

    One commenter, on behalf of its member operators, has no technical 
objection to the proposed AD, but requests withdrawing the proposed AD 
because the service information specified in Table 1 of the proposed AD 
meets the intent of the proposed AD.
    We do not agree with the commenter's request to withdraw the 
proposed AD. There is no legal requirement for an operator to 
incorporate a service bulletin without an AD. Therefore, it is 
necessary to issue this AD to mandate that certain actions be done to 
correct the identified unsafe condition.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD as proposed, except as 
discussed under ``Changes to Applicability.''

Changes to Applicability

    In the proposed AD, we inadvertently did not include Model A300 C4-
605R Variant F airplanes. We are including that airplane model in this 
AD. No airplanes of that model are currently on the U.S. Register and 
thus providing notice and opportunity for public comment is unnecessary 
before this AD is issued. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD. This AD will affect about 168 airplanes of U.S. 
registry.

                                                 Estimated Costs
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                                                           Average
                  Action                     Work hours   labor rate              Parts                Cost per
                                                           per hour                                    airplane
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Inspection of PBOV part number/serial                 2          $65  None.........................         $130
 number (required by AD 2002-08-14).
Modification/replacement (new proposed                4           65  No Charge....................          260
 action).
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by removing amendment 39-12722 (67 FR 
19655, April 23, 2002), and by adding the following new airworthiness 
directive (AD):

2005-04-11 Airbus: Amendment 39-13983. Docket No. FAA-2004-19451; 
Directorate Identifier 2002-NM-138-AD.

[[Page 9850]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 5, 
2005.

Affected ADs

    (b) This AD supersedes AD 2002-08-14, amendment 39-12722 (67 FR 
19655, April 23, 2002).

Applicability

    (c) This AD applies to all Airbus Model A300 B2 and B4 series 
airplanes; A300 B4-600, B4-600R, and F4-600R series airplanes, and 
Model C4-605R Variant F airplanes (collectively called A300-600); 
and A310 series airplanes; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a decision by the FAA and a civil 
airworthiness authority to require modification or replacement of 
all affected parking brake operated valves (PBOV). We are issuing 
this AD to prevent loss of the yellow hydraulic system, which 
provides all the hydraulics for certain spoilers; elements of the 
hydraulics for flaps, stabilizer, pitch and yaw feel systems, pitch 
and yaw autopilot, and yaw damper; and elevator, rudder, and 
aileron.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Certain Requirements of AD 2002-08-14

Inspection and Functional Check

    (f) Within 7 days after May 8, 2002 (the effective date of AD 
2002-08-14, amendment 39-12722), identify the part and serial number 
of the PBOV to determine whether the PBOV is an affected part, as 
identified by Airbus Service Bulletin A300-32A0441 (for Model A300 
B2 and B4 series airplanes), A300-32A6087 (for Model A300-600 series 
airplanes), or A310-32A2124 (for Model A310 series airplanes); all 
dated September 10, 2001; as applicable.
    (1) If the PBOV is NOT an affected part, no further action is 
required by this AD.
    (2) If the PBOV is an affected part: Except as required by 
paragraph (g) of this AD, prior to further flight, test the PBOV in 
accordance with the applicable service bulletin; and thereafter 
perform follow-on and corrective actions (including repetitive tests 
and repair of the PBOV or replacement with a serviceable PBOV) at 
the time specified by and in accordance with the service bulletin, 
as applicable.
    (g) If the applicable service bulletin identified in paragraph 
(f) of this AD specifies to contact ``SEE32'' for corrective action: 
Prior to further flight, perform the corrective action in accordance 
with a method approved by either the Manager, International Branch, 
ANM-116, FAA, Transport Airplane Directorate, or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated 
agent).

Parts Installation

    (h) As of May 8, 2002 (the effective date of AD 2002-08-14) no 
person may install an affected PBOV on any airplane, unless that 
PBOV is in compliance with all applicable requirements of this AD. 
Affected PBOVs are identified by Airbus Service Bulletin A300-
32A0441 (for Model A300 B2 and B4 series airplanes), A300-32A6087 
(for Model A300-600 series airplanes); or A310-32A2124 (for Model 
A310 series airplanes), all dated September 10, 2001; as applicable.

New Requirements of This AD

PBOV Modification/Replacement

    (i) Within 7 months after the effective date of this AD: Modify 
all affected PBOVs, or replace them with new PBOVs, in accordance 
with Airbus Service Bulletin A300-32A0441 (for Model A300 B2 and B4 
series airplanes), A300-32A6087 (for Model A300-600 series 
airplanes), or A310-32A2124 (for Model A310 series airplanes); all 
dated September 10, 2001; as applicable. The modification or 
replacement of all affected PBOVs terminates the requirements of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (k) French airworthiness directive 2001-510(B) R1, dated May 15, 
2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use the service information that is specified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approves the 
incorporation by reference Airbus Service Bulletin A310-32A2124, 
including Appendix 01, dated September 10, 2001, in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Airbus Service Bulletin A300-32A0441, 
including Appendix 01, dated September 10, 2001; and Airbus Service 
Bulletin A300-32A6087, including Appendix 01, dated September 10, 
2001; as of May 8, 2002 (67 FR 19655, April 23, 2002).
    (3) For copies of the service information, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

              Table 1.--Material Incorporated by Reference
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   Airbus service bulletin     Revision level             Date
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Service Bulletin A300-        Original.......  September 10, 2001.
 32A0441, including Appendix
 01.
Service Bulletin A300-        Original.......  September 10, 2001.
 32A6087, including Appendix
 01.
Service Bulletin A310-        Original.......  September 10, 2001.
 32A2124, including Appendix
 01.
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    Issued in Renton, Washington, on February 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-3279 Filed 2-28-05; 8:45 am]
BILLING CODE 4910-13-P