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61922 Federal Register / Vol. 70, No.

207 / Thursday, October 27, 2005 / Proposed Rules

For the reasons discussed above, I prevent a buildup of excessive static charge, SUMMARY: The FAA proposes to adopt a
certify that the proposed regulation: which could create an ignition source inside new airworthiness directive (AD) for all
1. Is not a ‘‘significant regulatory the fuel tank. Airbus Model A318–100 and A319–100
action’’ under Executive Order 12866; Compliance series airplanes; Model A320–111
2. Is not a ‘‘significant rule’’ under the (e) You are responsible for having the airplanes; and Model A320–200, A321–
DOT Regulatory Policies and Procedures actions required by this AD performed within 100, and A321–200 series airplanes.
(44 FR 11034, February 26, 1979); and the compliance times specified, unless the This proposed AD would require
3. Will not have a significant actions have already been done. repetitive detailed inspections of the
economic impact, positive or negative, Replacement
trimmable horizontal stabilizer actuator
on a substantial number of small entities (THSA) attachments for proper
under the criteria of the Regulatory (f) Within 550 flight hours after the clearances, and any crack, damage, or
effective date of this AD, replace the Gask-
Flexibility Act. O-Seal in the coupling of the refuel/defuel
metallic particles; related corrective
We prepared a regulatory evaluation shut-off valves by doing all the actions actions if necessary; and a report of the
of the estimated costs to comply with specified in the Accomplishment inspection results to the manufacturer.
this proposed AD and placed it in the Instructions of Bombardier Alert Service This proposed AD results from a report
AD docket. See the ADDRESSES section Bulletin A601R–28–064, dated April 21, that during lab testing to verify the
for a location to examine the regulatory 2005. performance of the THSA’s secondary
evaluation. Parts Installation load path with a simulated failure of the
THSA’s primary load path, the
List of Subjects in 14 CFR Part 39 (g) As of the effective date of this AD, no
person may install a Gask-O-Seal, part
secondary load path’s nut did not jam
Air transportation, Aircraft, Aviation number 202297, on any airplane. (as it was supposed to do.) We are
safety, Safety. proposing this AD to ensure the
Alternative Methods of Compliance integrity of the THSA’s primary load
The Proposed Amendment (AMOCs) path, which if failed, could result in
Accordingly, under the authority (h)(1) The Manager, New York Aircraft latent (undetected) loading and eventual
delegated to me by the Administrator, Certification Office, FAA, has the authority to failure of the THSA’s secondary load
the FAA proposes to amend 14 CFR part approve AMOCs for this AD, if requested in path and consequent uncontrolled
39 as follows: accordance with the procedures found in 14
CFR 39.19.
movement of the horizontal stabilizer
(2) Before using any AMOC approved in and loss of control of the airplane.
PART 39—AIRWORTHINESS
accordance with 14 CFR 39.19 on any DATES: We must receive comments on
DIRECTIVES
airplane to which the AMOC applies, notify this proposed AD by November 28,
1. The authority citation for part 39 the appropriate principal inspector in the
2005.
continues to read as follows: FAA Flight Standards Certificate Holding
District Office. ADDRESSES: Use one of the following
Authority: 49 U.S.C. 106(g), 40113, 44701.
Related Information addresses to submit comments on this
§ 39.13 [Amended] (i) Canadian airworthiness directive CF– proposed AD.
2. The Federal Aviation 2005–18, dated June 9, 2005, also addresses • DOT Docket Web site: Go to
Administration (FAA) amends § 39.13 the subject of this AD. http://dms.dot.gov and follow the
by adding the following new Issued in Renton, Washington, on October instructions for sending your comments
airworthiness directive (AD): 18, 2005. electronically.
Bombardier, Inc. (Formerly Canadair): Kevin M. Mullin, • Government-wide rulemaking Web
Docket No. FAA–2005–22793; Acting Manager, Transport Airplane site: Go to http://www.regulations.gov
Directorate Identifier 2005–NM–161–AD. Directorate, Aircraft Certification Service. and follow the instructions for sending
Comments Due Date [FR Doc. 05–21435 Filed 10–26–05; 8:45 am] your comments electronically.
(a) The FAA must receive comments on BILLING CODE 4910–13–P • Mail: Docket Management Facility,
this AD action by November 28, 2005. U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
Affected ADs DEPARTMENT OF TRANSPORTATION room PL–401, Washington, DC 20590.
(b) None.
Federal Aviation Administration • Fax: (202) 493–2251.
Applicability • Hand Delivery: Room PL–401 on
(c) This AD applies to Bombardier Model 14 CFR Part 39 the plaza level of the Nassif Building,
CL–600–2B19 (Regional Jet Series 100 & 440) 400 Seventh Street SW., Washington,
airplanes, certificated in any category, as [Docket No. FAA–2005–22794; Directorate DC, between 9 a.m. and 5 p.m., Monday
specified in paragraphs (c)(1) and (c)(2) of Identifier 2005–NM–097–AD]
through Friday, except Federal holidays.
this AD.
RIN 2120–AA64 Contact Airbus, 1 Rond Point Maurice
(1) Airplanes having serial numbers 7003
through 7067 inclusive and 7069 through Bellonte, 31707 Blagnac Cedex, France,
Airworthiness Directives; Airbus Model
7939 inclusive on which Bombardier Service for service information identified in this
A318–100 and A319–100 Series
Bulletin 601R–28–053, dated July 12, 2004, proposed AD.
has been accomplished. Airplanes; Model A320–111 Airplanes;
(2) Airplanes having serial numbers 7940 and Model A320–200, A321–100, and FOR FURTHER INFORMATION CONTACT: Tim
through 7988 inclusive. A321–200 Series Airplanes Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
Unsafe Condition AGENCY: Federal Aviation Transport Airplane Directorate, 1601
(d) This AD results from a report that Gask- Administration (FAA), Department of Lind Avenue, SW., Renton, Washington
O-Seals that did not incorporate an integral Transportation (DOT). 98055–4056; telephone (425) 227–2141;
restrictor to limit fuel flow rate and fuel ACTION: Notice of proposed rulemaking fax (425) 227–1149.
pressure during refueling were installed on (NPRM).
certain airplanes. We are issuing this AD to SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 61923

Comments Invited load path) had failed and would need Therefore, we are proposing this AD,
We invite you to submit any relevant repair. Without the jamming of the which would require accomplishing the
written data, views, or arguments secondary load path’s nut, there would actions specified in the service
regarding this proposed AD. Include the be no indications of failure of the THSA information described previously,
docket number ‘‘FAA–2005–22794; primary load path, and it is possible that except as discussed under ‘‘Differences
the airplane would continue to be Between the Proposed AD and the
Directorate Identifier 2005–NM–097–
unknowingly operated with a failed Service Bulletin.’’
AD’’ at the beginning of your comments.
component and continuous loading of
We specifically invite comments on the Differences Between the Proposed AD
the secondary load path. The secondary
overall regulatory, economic, and the Service Bulletin
load path is not designed to tolerate
environmental, and energy aspects of The service bulletin specifies that you
continued loading during multiple
the proposed AD. We will consider all may contact the manufacturer for
flights. In the event of a secondary load
comments received by the closing date instructions if any metallic particles are
path failure in addition to a primary
and may amend the proposed AD in found, but this proposed AD would
load path failure, the flightcrew would
light of those comments. require you to repair the THSA using a
not be able to control the position of the
We will post all comments we THSA. This condition, if not corrected, method that we or the DGAC (or its
receive, without change, to http:// could result in uncontrolled movement delegated agent) approve. In light of the
dms.dot.gov, including any personal of the horizontal stabilizer and type of repair that would be required to
information you provide. We will also consequent loss of control of the address the unsafe condition, and
post a report summarizing each airplane. consistent with existing bilateral
substantive verbal contact with FAA airworthiness agreements, we have
personnel concerning this proposed AD. Relevant Service Information
determined that, for this proposed AD,
Using the search function of that Web Airbus has issued Service Bulletin a repair we or the DGAC approve would
site, anyone can find and read the A320–27–1164, Revision 02, dated be acceptable for compliance with this
comments in any of our dockets, March 30, 2005. The service bulletin proposed AD.
including the name of the individual describes procedures for repetitive The service bulletin refers only to a
who sent the comment (or signed the detailed inspections of the THSA ‘‘check’’ and a ‘‘visual inspection’’ for
comment on behalf of an association, attachments for proper clearances, and inspections of the THSA attachments for
business, labor union, etc.). You may for any crack, damage, or metallic proper clearances; and for any crack,
review the DOT’s complete Privacy Act particles; related corrective actions if damage, or metal particles. We have
Statement in the Federal Register necessary; and a report of the inspection determined that the procedures for both
published on April 11, 2000 (65 FR results to the manufacturer. The actions in the service bulletin should be
19477–78), or you may visit http:// detailed inspections involve doing a described as ‘‘detailed inspections.’’
dms.dot.gov. check for the clearances between the Note 1 has been included in this
Examining the Docket secondary nut trunnions and junction proposed AD to define this type of
plates at the lower THSA attachment; inspection.
You may examine the AD docket on and doing a visual inspection of the
the Internet at http://dms.dot.gov, or in upper THSA attachment structure/area Interim Action
person at the Docket Management for any crack, damage, or metallic This is considered to be interim
Facility office between 9 a.m. and 5 particles. The corrective actions involve action. The inspection reports that are
p.m., Monday through Friday, except replacing the THSA if any clearance is required by this AD will enable the
Federal holidays. The Docket not correct, or if any crack or damage is manufacturer to obtain better insight
Management Facility office (telephone found; and contacting the manufacturer into the nature, cause, and extent of the
(800) 647–5227) is located on the plaza for further instructions if any metallic problem, and eventually to develop
level of the Nassif Building at the DOT particles are found. The DGAC final action to address the unsafe
street address stated in the ADDRESSES mandated the service information and condition. Once final action has been
section. Comments will be available in issued French airworthiness directive identified, the FAA may consider
the AD docket shortly after the Docket F–2005–051, dated March 30, 2005, to further rulemaking.
Management System receives them. ensure the continued airworthiness of
these airplanes in France. Costs of Compliance
Discussion
This proposed AD would affect about
The Direction Générale de l’Aviation FAA’s Determination and Requirements
700 airplanes of U.S. registry. The
Civile (DGAC), which is the of the Proposed AD
proposed actions would take about 1
airworthiness authority for France, These airplane models are work hour per airplane, at an average
notified us that an unsafe condition may manufactured in France and are type labor rate of $65 per work hour. Based
exist on all Airbus Model A318–100, certificated for operation in the United on these figures, the estimated cost of
A319–100, A320, and A321 series States under the provisions of section the proposed AD for U.S. operators is
airplanes. The DGAC advises that, 21.29 of the Federal Aviation $45,500, or $65 per airplane, per
during lab testing to verify the Regulations (14 CFR 21.29) and the inspection cycle.
performance of the secondary load path applicable bilateral airworthiness
of the trimmable horizontal stabilizer agreement. Pursuant to this bilateral Authority for This Rulemaking
actuator (THSA) with a simulated loss airworthiness agreement, the DGAC has Title 49 of the United States Code
of the THSA’s primary load path, the kept the FAA informed of the situation specifies the FAA’s authority to issue
secondary load path’s nut did not jam described above. We have examined the rules on aviation safety. Subtitle I,
the THSA (as it was supposed to do). DGAC’s findings, evaluated all pertinent Section 106, describes the authority of
The THSA was designed to jam in the information, and determined that we the FAA Administrator. Subtitle VII,
event of a primary load path failure, to need to issue an AD for airplanes of this Aviation Programs, describes in more
indicate to the flightcrew that a type design that are certificated for detail the scope of the Agency’s
component of the THSA (the primary operation in the United States. authority.

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61924 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules

We are issuing this rulemaking under Comments Due Date Inspection Reports
the authority described in Subtitle VII, (a) The FAA must receive comments on (h) Submit a report of the findings (both
Part A, Subpart III, Section 44701, this AD action by November 28, 2005. positive and negative) of the inspection
‘‘General requirements.’’ Under that required by paragraph (f) of this AD to
Affected ADs Airbus, 1 Rond Point Maurice Bellonte,
section, Congress charges the FAA with
promoting safe flight of civil aircraft in (b) None. 31707 Blagnac Cedex, France, at the
air commerce by prescribing regulations applicable time specified in paragraph (h)(1)
Applicability
or (h)(2) of this AD. The report must include
for practices, methods, and procedures (c) This AD applies to all Airbus Model the inspection results, a description of any
the Administrator finds necessary for A318–111 and –112 airplanes, Model A319– discrepancies found, the airplane serial
safety in air commerce. This regulation 111, –112, –113, –114, –115, –131, –132, and number, and the number of landings and
is within the scope of that authority –133 airplanes, Model A320–111 airplanes, flight hours on the airplane. Under the
because it addresses an unsafe condition Model A320–211, –212, –214, –231, –232, provisions of the Paperwork Reduction Act of
that is likely to exist or develop on and –233 airplanes, Model A321–111, –112, 1980 (44 U.S.C. 3501 et seq.), the Office of
products identified in this rulemaking and –131 airplanes, and Model A321–211 Management and Budget (OMB) has
action. and –231 airplanes, certificated in any approved the information collection
category. requirements contained in this AD and has
Regulatory Findings assigned OMB Control Number 2120–0056.
Unsafe Condition
We have determined that this (1) If the inspection was done after the
(d) This AD results from a report that effective date of this AD: Submit the report
proposed AD would not have federalism during lab testing to verify the performance within 30 days after the inspection.
implications under Executive Order of the trimmable horizontal stabilizer (2) If any inspection was accomplished
13132. This proposed AD would not actuator’s (THSA’s) secondary load path with prior to the effective date of this AD: Submit
have a substantial direct effect on the a simulated failure of the THSA’s primary the report within 30 days after the effective
States, on the relationship between the load path, the secondary load path’s nut did date of this AD.
national Government and the States, or not jam (as it was supposed to do.) We are
on the distribution of power and issuing this AD to ensure the integrity of the Alternative Methods of Compliance
THSA’s primary load path, which if failed, (AMOCs)
responsibilities among the various
levels of government. could result in latent (undetected) loading (i)(1) The Manager, International Branch,
For the reasons discussed above, I and eventual failure of the THSA’s secondary ANM–116, Transport Airplane Directorate,
certify that the proposed regulation: load path and consequent uncontrolled FAA, has the authority to approve AMOCs
1. Is not a ‘‘significant regulatory movement of the horizontal stabilizer and for this AD, if requested in accordance with
loss of control of the airplane. the procedures found in 14 CFR 39.19.
action’’ under Executive Order 12866; (2) Before using any AMOC approved in
2. Is not a ‘‘significant rule’’ under the Compliance accordance with § 39.19 on any airplane to
DOT Regulatory Policies and Procedures (e) You are responsible for having the which the AMOC applies, notify the
(44 FR 11034, February 26, 1979); and actions required by this AD performed within appropriate principal inspector in the FAA
3. Will not have a significant the compliance times specified, unless the Flight Standards Certificate Holding District
economic impact, positive or negative, actions have already been done. Office.
on a substantial number of small entities
Repetitive Inspections and Corrective Action Related Information
under the criteria of the Regulatory
Flexibility Act. (f) Within 20 months since first flight, or (j) French airworthiness directive F–2005–
We prepared a regulatory evaluation within 600 flight hours after the effective 051, dated March 30, 2005, also addresses the
date of this AD, whichever occurs later, do subject of this AD.
of the estimated costs to comply with
detailed inspections of the THSA Issued in Renton, Washington, on October
this proposed AD and placed it in the attachments for proper clearances and any
AD docket. See the ADDRESSES section 18, 2005.
crack, damage, or metallic particles, and do
for a location to examine the regulatory Kevin M. Mullin,
related corrective actions as applicable, in
evaluation. accordance with the Accomplishment Acting Manager, Transport Airplane
Instructions of Airbus Service Bulletin A320– Directorate, Aircraft Certification Service.
List of Subjects in 14 CFR Part 39
27–1164, Revision 02, dated March 30, 2005, [FR Doc. 05–21434 Filed 10–26–05; 8:45 am]
Air transportation, Aircraft, Aviation except as described in paragraph (g) of this BILLING CODE 4910–13–P
safety, Safety. AD. Do corrective actions before further
flight. Thereafter, repeat the inspections at
The Proposed Amendment intervals not to exceed 20 months. DEPARTMENT OF TRANSPORTATION
Accordingly, under the authority Note 1: For the purposes of this AD, a
delegated to me by the Administrator, detailed inspection is: ‘‘An intensive Federal Aviation Administration
the FAA proposes to amend 14 CFR part examination of a specific item, installation,
39 as follows: or assembly to detect damage, failure, or 14 CFR Part 39
irregularity. Available lighting is normally
PART 39—AIRWORTHINESS supplemented with a direct source of good [Docket No. FAA–2005–22810; Directorate
DIRECTIVES lighting at an intensity deemed appropriate. Identifier 2005–NM–143–AD]
Inspection aids such as mirror, magnifying
1. The authority citation for part 39 lenses, etc., may be necessary. Surface RIN 2120–AA64
continues to read as follows: cleaning and elaborate procedures may be
required.’’ Airworthiness Directives; Airbus Model
Authority: 49 U.S.C. 106(g), 40113, 44701.
(g) If any metallic particles are detected A310–203, –204, and –222 Airplanes,
§ 39.13 [Amended] during the inspection required by paragraph and Model A310–300 Series Airplanes
2. The Federal Aviation (f) of this AD: Before further flight, repair the
damage according to a method approved by AGENCY: Federal Aviation
Administration (FAA) amends § 39.13 Administration (FAA), Department of
either the Manager, International Branch,
by adding the following new Transportation (DOT).
ANM–116, FAA, Transport Airplane
airworthiness directive (AD): Directorate; or the Direction Générale de ACTION: Notice of proposed rulemaking
Airbus: Docket No. FAA–2005–22794; l’Aviation Civile (DGAC) (or its delegated (NPRM).
Directorate Identifier 2005–NM–097–AD. agent).

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