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Federal Register / Vol. 71, No.

96 / Thursday, May 18, 2006 / Proposed Rules 28825

DEPARTMENT OF TRANSPORTATION Fax: (202) 493–2251. Discussion


Hand Delivery: Room PL–401 on the
We proposed to amend 14 CFR part
Federal Aviation Administration plaza level of the Nassif Building, 400
39 with a notice of proposed rulemaking
Seventh Street, SW., Washington, DC,
(NPRM) for an airworthiness directive
14 CFR Part 39 between 9 a.m. and 5 p.m., Monday
(AD) (the ‘‘original NPRM’’). The
through Friday, except Federal holidays.
[Docket No. FAA–2006–23889; Directorate
Contact Airbus, 1 Rond Point Maurice original NPRM applies to certain Airbus
Identifier 2005–NM–252–AD] Model A318–111 airplanes; A319–100
Bellonte, 31707 Blagnac Cedex, France,
RIN 2120–AA64 for service information identified in this series airplanes; A320–111 airplanes;
proposed AD. A320–200 series airplanes; and A321–
Airworthiness Directives; Airbus Model 100 and –200 series airplanes. The
FOR FURTHER INFORMATION CONTACT: Dan
A318, A319, A320, and A321 Series original NPRM was published in the
Rodina, Aerospace Engineer,
Airplanes Federal Register on February 15, 2006
International Branch, ANM–116,
(71 FR 7878). The original NPRM
AGENCY: Federal Aviation Transport Airplane Directorate, FAA,
proposed to require inspecting to
Administration (FAA), Department of 1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone determine the part number of the twin
Transportation (DOT). motor actuators, and related
ACTION: Supplemental notice of (425) 227–2125; fax (425) 227–1149.
investigative and corrective actions if
proposed rulemaking (NPRM); SUPPLEMENTARY INFORMATION:
necessary.
reopening of comment period. Comments Invited Since the original NPRM was issued,
SUMMARY: The FAA is revising an earlier We invite you to submit any relevant we have changed the airplane model
NPRM for an airworthiness directive written data, views, or arguments designations to expand the applicability
(AD) that applies to certain Airbus regarding this supplemental NPRM. of this supplemental NPRM and be
Model A318–111 airplanes; A319–100 Send your comments to an address consistent with the parallel French
series airplanes; A320–111 airplanes; listed in the ADDRESSES section. Include airworthiness directive.
A320–200 series airplanes; and A321– the docket number ‘‘Docket No. FAA– Comments
100 and –200 series airplanes. The 2006–23889; Directorate Identifier
2005–NM–252–AD’’ at the beginning of We have considered the following
original NPRM would have required
your comments. We specifically invite comments on the original NPRM.
inspecting to determine the part number
of the twin motor actuators, and related comments on the overall regulatory, Requests To Expand Applicability
investigative and corrective actions if economic, environmental, and energy
aspects of this supplemental NPRM. We Airbus asks that the applicability
necessary. The original NPRM resulted identified in the original NPRM be
from a report of a low pressure valve of will consider all comments received by
the closing date and may amend this expanded to match the effectivity in the
the twin motor actuator found partially referenced French airworthiness
open, although the valve detection supplemental NPRM in light of those
comments. directive. Airbus states that the
system indicated that the valve was referenced French airworthiness
closed. Investigation revealed that the We will post all comments submitted,
without change, to http://dms.dot.gov, directive applies to all Airbus Model
locating pin in the actuator was too A318, A319, A320, and A321 series
short to engage with the valve slot, including any personal information you
provide. We will also post a report airplanes, certified according to the type
resulting in incorrect alignment of the certificate data sheet (TCDS) issued in
actuator and the drive assembly, causing summarizing each substantive verbal
contact with FAA personnel concerning December 2005. Airbus adds that since
the valve to remain partially open. This the new TCDS was issued, the original
action revises the original NPRM by this supplemental NPRM. Using the
search function of that Web site, anyone NPRM is missing Model A318–112,
expanding the applicability. We are –121 and –122 airplanes, and Model
proposing this supplemental NPRM to can find and read the comments in any
of our dockets, including the name of A321–212, –213, and –232 airplanes.
ensure that, in the event of an engine Airbus notes that airplanes delivered
fire, the valve actuator functions the individual who sent the comment
(or signed the comment on behalf of an after the issuance of the original NPRM
properly to block the fuel flow to the with manufacturer serial number (MSN)
engine and prevent an uncontrollable association, business, labor union, etc.).
You may review the DOT’s complete 2155 or above are not affected by the
fire. original NPRM; airplanes delivered with
Privacy Act Statement in the Federal
DATES: We must receive comments on Register published on April 11, 2000 MSN 2154 or below are affected by
this supplemental NPRM by June 12, (65 FR 19477–78), or you may visit original NPRM.
2006. http://dms.dot.gov. JetBlue Airways asks that the
ADDRESSES: Use one of the following applicability in the original NPRM be
Examining the Docket changed to include the MSNs affected.
addresses to submit comments on this
supplemental NPRM. You may examine the AD docket on JetBlue states that the original NPRM is
• DOT Docket Web site: Go to the Internet at http://dms.dot.gov, or in applicable to all Model A320 airplanes.
http://dms.dot.gov and follow the person at the Docket Management We agree with Airbus and partially
instructions for sending your comments Facility office between 9 a.m. and 5 agree with JetBlue; Airbus and the
electronically. p.m., Monday through Friday, except Direction Générale de l’Aviation Civile
• Government-wide rulemaking Web Federal holidays. The Docket (DGAC), which is the airworthiness
site: Go to http://www.regulations.gov Management Facility office (telephone authority for France, determined that
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and follow the instructions for sending (800) 647–5227) is located on the plaza the requirements in the original NPRM
your comments electronically. level in the Nassif Building at the DOT do not apply to airplanes with MSN
• Mail: Docket Management Facility; street address stated in ADDRESSES. 2155 or above. We have expanded the
U.S. Department of Transportation, 400 Comments will be available in the AD applicability in this supplemental
Seventh Street, SW., Nassif Building, docket shortly after the Docket NPRM as follows: ‘‘Airbus Model A318,
Room PL–401, Washington, DC 20590. Management System receives them. A319, A320, and A321 series airplanes,

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28826 Federal Register / Vol. 71, No. 96 / Thursday, May 18, 2006 / Proposed Rules

certificated in any category, except Request To Change Work Hours Authority for This Rulemaking
airplanes having manufacturer serial Title 49 of the United States Code
number (MSN) 2155 and subsequent.’’ US Airways asks that the work hours
specified in the original NPRM be specifies the FAA’s authority to issue
Request To Remove General Visual increased from 1 to 6. US Airways states rules on aviation safety. Subtitle I,
Inspection (GVI) section 106, describes the authority of
that the visual part number check and
the FAA Administrator. Subtitle VII,
the corrective actions both require
JetBlue asks that the original NPRM Aviation Programs, describes in more
removal/installation of leading edge
be changed to remove the GVI and allow detail the scope of the Agency’s
access panels, and since the affected
accomplishing the inspection/check authority.
twin motor actuator could be installed We are issuing this rulemaking under
specified in the Airbus/DGAC in three to four different positions on
guidelines that are currently available. the authority described in subtitle VII,
each airplane, depending on the part A, subpart III, section 44701,
JetBlue states that the GVI, per Note 1 airplane type, 1 work hour is not
of the original NPRM, differs from the ‘‘General requirements.’’ Under that
sufficient. section, Congress charges the FAA with
referenced French airworthiness
directive and Airbus service bulletin, We do not agree with the commenter. promoting safe flight of civil aircraft in
which specify a check for the discrepant The costs of compliance discussed in air commerce by prescribing regulations
NPRMs represent only the time for practices, methods, and procedures
part number (P/N)/serial number (S/N)
necessary to perform the specific actions the Administrator finds necessary for
of the discrepant actuator. JetBlue adds
actually proposed by the NPRM. These safety in air commerce. This regulation
that the inclusion of a GVI will result in
figures typically do not include on- is within the scope of that authority
considerable retroactive work for U.S. because it addresses an unsafe condition
operators who proactively launched/ condition costs, such as related
investigative and corrective actions that is likely to exist or develop on
completed the inspection per the products identified in this rulemaking
following an initial inspection finding;
referenced Airbus service bulletin. action.
nor do they include incidental costs,
JetBlue adds that it has already initiated
such as the time required to gain access Regulatory Findings
the inspections in accordance with the
and close up, planning time, or time
Airbus service bulletin. We have determined that this
necessitated by other administrative
We agree with the commenter. The proposed AD would not have federalism
actions. Although we agree that the
French airworthiness directive requires implications under Executive Order
work-hours required for an operator to
inspecting the actuators for certain part 13132. This proposed AD would not
comply with the requirements of the
numbers; the Airbus service bulletin have a substantial direct effect on the
supplemental NPRM may be more than
specifies checking for certain P/Ns and States, on the relationship between the
the hours reflected in the cost estimate, national Government and the States, or
S/Ns. The procedures for these actions we cannot predict on-condition costs for
do not constitute a GVI. We have on the distribution of power and
the entire fleet. After the original NPRM responsibilities among the various
removed the reference to a GVI in was issued, we reviewed the figures we levels of government.
paragraph (f) and removed Note 1 of this have used over the past several years to For the reasons discussed above, I
supplemental NPRM. calculate AD costs to operators. To certify that the proposed regulation:
Request To Add New Service account for various inflationary costs in 1. Is not a ‘‘significant regulatory
the airline industry, we find it necessary action’’ under Executive Order 12866;
Information
to increase the labor rate used in these 2. Is not a ‘‘significant rule’’ under the
US Airways, and the Air Transport calculations from $65 per work hour to DOT Regulatory Policies and Procedures
Association (ATA) on behalf of US $80 per work hour. The cost impact (44 FR 11034, February 26, 1979); and
Airways, ask that the supplemental information, below, reflects this 3. Will not have a significant
NPRM include a requirement to increase in the specified hourly labor economic impact, positive or negative,
accomplish the actions specified in rate. on a substantial number of small entities
Airbus Service Bulletins A320–28–1128 under the criteria of the Regulatory
FAA’s Determination and Proposed Flexibility Act.
and A320–28–1129, which describe Requirements of the Supplemental
procedures to inspect actuators in the We prepared a regulatory evaluation
NPRM of the estimated costs to comply with
crossfeed valve in the center tank and
the additional center tank (ACT) transfer this supplemental NPRM and placed it
A certain change discussed above
valve in the ACT. The commenters state in the AD docket. See the ADDRESSES
expands the scope of the original
that inspecting the crossfeed and section for a location to examine the
NPRM; therefore, we have determined
transfer valve positions is necessary to regulatory evaluation.
that it is necessary to reopen the
ensure that no defective actuator is comment period to provide additional List of Subjects in 14 CFR Part 39
installed. opportunity for public comment on this Air transportation, Aircraft, Aviation
We do not agree with the commenters. supplemental NPRM. safety, Safety.
No unsafe condition has been Costs of Compliance The Proposed Amendment
determined to exist other than in low
pressure positions in the wing, when This supplemental NPRM would Accordingly, under the authority
combined with an engine fire or engine affect about 763 airplanes of U.S. delegated to me by the Administrator,
malfunction when it is critical to shut registry. The proposed inspection would the FAA proposes to amend 14 CFR part
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down an engine. Therefore, the status of take about 1 work hour per airplane, at 39 as follows:
the subject service bulletins remains an average labor rate of $80 per work
PART 39—AIRWORTHINESS
‘‘recommended;’’ Airbus will not hour. Based on these figures, the
DIRECTIVES
upgrade the service bulletins to estimated cost of this supplemental
‘‘mandatory’’ and we will not add them NPRM on U.S. operators is $61,040, or 1. The authority citation for part 39
to the supplemental NPRM. $80 per airplane. continues to read as follows:

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Federal Register / Vol. 71, No. 96 / Thursday, May 18, 2006 / Proposed Rules 28827

Authority: 49 U.S.C. 106(g), 40113, 44701. and accomplishing any related investigative whether a certain modification has been
and corrective actions. installed on the Honeywell Primus II
§ 39.13 [Amended] NV850 Navigation Receiver Module
Parts Installation
2. The Federal Aviation (NRM), which is part of the INU. In lieu
Administration (FAA) amends § 39.13 (g) As of the effective date of this AD: No
of accomplishing this inspection, and
by adding the following new person may install an actuator with P/N
HTE190001, HTE190001–1, or HTE190001–2, for aircraft found to have an affected
airworthiness directive (AD): and a serial number identified in Appendix NRM, the existing AD provides for
Airbus: Docket No. FAA–2006–23889; 01 of Airbus Service Bulletin A320–28–1122, revising the aircraft flight manual to
Directorate Identifier 2005–NM–252–AD. dated November 19, 2004, on any airplane include new limitations for instrument
unless all applicable related investigative and landing system approaches. The original
Comments Due Date
corrective actions have been done in NPRM proposed to require inspecting to
(a) The FAA must receive comments on accordance with the requirements of
this AD action by June 19, 2006.
determine whether certain other
paragraph (f)(3) of this AD.
modifications have been done on the
Affected ADs Alternative Methods of Compliance NRM; and doing related investigative,
(b) None. (AMOCs) corrective, and other specified actions,
Applicability (h)(1) The Manager, International Branch, as applicable. The original NPRM
ANM–116, Transport Airplane Directorate, resulted from reports of erroneous
(c) This AD applies to Airbus Model A318, FAA, has the authority to approve AMOCs
A319, A320, and A321 series airplanes,
glideslope indications on certain aircraft
for this AD, if requested in accordance with equipped with subject INUs. This new
certificated in any category, except airplanes the procedures found in 14 CFR 39.19.
having manufacturer serial number (MSN) action revises the original NPRM by
(2) Before using any AMOC approved in
2155 and subsequent. accordance with § 39.19 on any airplane to describing further modifications to
which the AMOC applies, notify the address additional anomalies. We are
Unsafe Condition
appropriate principal inspector in the FAA proposing this supplemental NPRM to
(d) This AD results from a report of a low Flight Standards Certificate Holding District ensure that the flightcrew has an
pressure valve of the twin motor actuator Office. accurate glideslope deviation
found partially open, although the valve
detection system indicated that the valve was Related Information indication. An erroneous glideslope
closed. Investigation revealed that the deviation indication could lead to the
(i) French airworthiness directive F–2005–
locating pin in the actuator was too short to 189, dated November 23, 2005, also
aircraft making an approach off the
engage with the valve slot, resulting in addresses the subject of this AD. glideslope, which could result in impact
incorrect alignment of the actuator and the with an obstacle or terrain.
drive assembly, causing the valve to remain Issued in Renton, Washington, on May 9,
2006. DATES: We must receive comments on
partially open. We are issuing this AD to
this supplemental NPRM by June 12,
ensure that, in the event of an engine fire, the Ali Bahrami,
valve actuator functions properly to block the 2006.
Manager, Transport Airplane Directorate,
fuel flow to the engine and prevent an Aircraft Certification Service. ADDRESSES: Use one of the following
uncontrollable fire. addresses to submit comments on this
[FR Doc. E6–7557 Filed 5–17–06; 8:45 am]
Compliance BILLING CODE 4910–13–P
proposed AD.
• DOT Docket Web site: Go to
(e) You are responsible for having the
actions required by this AD performed within http://dms.dot.gov and follow the
the compliance times specified, unless the DEPARTMENT OF TRANSPORTATION instructions for sending your comments
actions have already been done. electronically.
Federal Aviation Administration • Government-wide rulemaking Web
Inspection site: Go to http://www.regulations.gov
(f) Within 6,000 flight hours or 24 months 14 CFR Part 39 and follow the instructions for sending
after the effective date of this AD, whichever your comments electronically.
is first: Inspect to determine the part number [Docket No. FAA–2005–20080; Directorate • Mail: Docket Management Facility;
(P/N) of the twin motor actuators in Identifier 2003–NM–193–AD]
accordance with Airbus Service Bulletin
U.S. Department of Transportation, 400
A320–28–1122, including Appendix 01,
RIN 2120–AA64 Seventh Street, SW., Nassif Building,
dated November 19, 2004. room PL–401, Washington, DC 20590.
(1) For airplanes having any actuator with Airworthiness Directives; Various • Fax: (202) 493–2251.
P/N FRH010041 or P/N FRH010034, no Aircraft Equipped With Honeywell • Hand Delivery: Room PL–401 on
further action is required by this paragraph. Primus II RNZ–850/–851 Integrated the plaza level of the Nassif Building,
(2) For airplanes having any actuator with Navigation Units 400 Seventh Street, SW., Washington,
P/N HTE190001–2, where the actuator serial DC, between 9 a.m. and 5 p.m., Monday
number is not identified in Appendix 01 of AGENCY: Federal Aviation
Administration (FAA), Department of through Friday, except Federal holidays.
the service bulletin, no further action is Contact Honeywell Aerospace
required by this paragraph. Transportation (DOT).
Electronic Systems, CES—Phoenix, P.O.
(3) For airplanes having any actuator with ACTION: Supplemental notice of
P/N HTE190001, HTE190001–1, or Box 2111, Phoenix, Arizona 85036–
proposed rulemaking (NPRM); 1111, for service information identified
HTE190001–2, where the actuator serial reopening of comment period.
number is identified in Appendix 01 of the in this proposed AD.
service bulletin, do all applicable related SUMMARY: The FAA is revising an earlier FOR FURTHER INFORMATION CONTACT: J.
investigative and corrective actions before NPRM for an airworthiness directive Kirk Baker, Aerospace Engineer,
further flight, in accordance with the service Systems and Equipment Branch, ANM–
(AD) that applies to various aircraft
bulletin.
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equipped with a Honeywell Primus II 130L, FAA, Los Angeles Aircraft


Note 1: Airbus Service Bulletin A320–28– Certification Office, 3960 Paramount
1122, dated November 19, 2004, refers to FR–
RNZ–850/–851 Integrated Navigation
Unit (INU). The original NPRM would Boulevard, Lakewood, California
HITEMP Service Bulletin HTE190001–28–
003, dated March 30, 2004, as an additional have superseded an existing AD that, as 90712–4137; telephone (562) 627–5345;
source of service information for determining one alternative for compliance, provides fax (562) 627–5210.
the part number of the twin motor actuators for a one-time inspection to determine SUPPLEMENTARY INFORMATION:

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