Airbus Model A330 and A340 Series Airplanes

Docket No. FAA-2005-21702; Directorate Identifier 2005-NM-024-AD RIN 2120-AA64 This proposed action requires replacement of certain parts with "new and improved" parts. Both the defective parts and the "new and improved" parts are specified by part name and manufacturer part number. The proposed action fails to consider the effect of 14 CFR § 21.303 upon both the parts found to be defective and the "new and improved" parts mandated to be installed. This section of the Federal Aviation Regulations, known as Parts Manufacturer Authority (PMA), provides a regulatory mechanism for the design and production approval, manufacture, installation and operation of aeronautical items in place of items approved as original equipment in type certification. It is therefore possible for PMA replacement parts to exist both for parts determined to be defective and for those designated as "new and improved." In this specific case the parts are identified as: ManufacturerDefective Part"New and Improved" Part IntertechniqueL87-13-001L87-13-002, L87-13-003 Argo-Tech6160062015-1 The Argo-Tech P/N 61600 has at least one PMA alternative manufactured by the J.C. Carter company. (See attached image) There are no known alternative PMA parts for the Intertechnique or "new and improved" Argo-Tech part. However, just because there are no known alternatives for the other mentioned parts does not necessarily mean they do not exist. The proposed action therefore contains two oversights that could potentially have far reaching effects. (1) The J.C. Carter part is not covered by the wording of the proposed action because it is not manufactured by Argo-Tech. It is possible, even likely, that the J. C. Carter part contains the same defects as the Argo-Tech part it replaces and an unsafe condition could continue if the proposed action is not modified to embrace PMA alternatives. (2) Any requirement that mandates the installation of a certain part numbered item to the exclusion of all other part numbered items is at variance with the higher authority of 14 CFR § 21.303. Because of the apparent conflict with 21.303 certain portions of the proposed action could be deemed by a competent court to be legally unenforceable. An action found to be unenforceable in part is generally also unenforceable in whole thereby invalidating the airworthiness directive. (3) While the existence of Alternative Methods of Compliance (AMOC) is permitted by the action, a part approved under FAR 21.303 is already approved and may be used without further approval and is not, as some AD writers believe, an AMOC. Request: For all the above reasons, this commenter, Modification and Replacement Parts Association (MARPA), requests that the proposed action be modified to include the possibly defective J. C. Carter part and any other PMA alternative parts that may exist. We further request that the action be adjusted to permit the installation of alternative PMA parts that may now or in the future exist for the "new and improved" items cited in the service bulletins or proposed airworthiness directive. We regard a statement substantially as follows as being sufficient to accomplish this purpose. "The parts designated herein as requiring replacement as well as those designated to be installed shall be interpreted broadly to also include any replacements parts approved under FAR 21.303 for the original equipment parts cited in this action. Nothing in this action prevents or precludes the installation of such alternatively approved parts." Jack Buster AD Committee