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8436 Federal Register / Vol. 71, No.

33 / Friday, February 17, 2006 / Rules and Regulations

§§ 1700.27–1700.33 [Redesignated as (c) Eligibility for succession to the the order of succession is available,
§ 1700.28–1700.34] position of RUS Administrator shall be able, and assumes the functions and
■ 6. Redesignate §§ 1700.27 through limited to officially assigned duties of the Administrator, or when an
1700.33 as §§ 1700.28 through 1700.34, incumbents of positions listed in official with requisite authority
respectively. paragraph (b) of this section. Only designates a permanent or acting
■ 7. Add a new § 1700.27 to read as officials specifically designated in the Administrator.
follows: approved order of succession are (g) Individuals exercising authority
eligible. Persons appointed on acting under this § 1700.53 shall keep a record
§ 1700.27 Chief of Staff. basis, or on some other temporary basis, of important actions taken and the
The Chief of Staff aids and assists the are ineligible by virtue of so serving to period during which the authority is
Administrator and the Deputy serve as a successor. Therefore the order exercised.
Administrator. The Chief of Staff of succession would fall to the next (h) The authority to perform functions
advises the Administrator regarding designated official in the approved and duties pursuant to this § 1700.53
policy initiatives and operational issues order of succession. The eligibility of can not be redelegated by an incumbent
and assists the Administrator and the the incumbent of paragraph (b)(6) of this of a position listed in paragraph (b) of
Deputy Administrator in developing section to serve as a successor is also this section.
and planning agency program limited to periods of national emergency Dated: February 10, 2006.
initiatives. The Chief of Staff is declared by the President or during the Thomas C. Dorr,
responsible for implementation of activation of the RUS COOP plan.
Under Secretary, Rural Development.
overall policy initiatives and provides (d) In the event of the absence or
direction to all RUS programs. disability of the Administrator, or in the [FR Doc. 06–1483 Filed 2–16–06; 8:45 am]
event that the Administrator’s position BILLING CODE 3410–15–P
Subpart C—Loan and Grant Approval is vacant, the Deputy Rural Utilities
Authorities Service Administrator is the only RUS
official authorized to serve as Acting DEPARTMENT OF TRANSPORTATION
■ 8. Revise § 1700.53 to read as follows: Administrator. When serving as Acting
Administrator, the Deputy Federal Aviation Administration
§ 1700.53 Persons serving as Acting
Administrator. Administrator is authorized to perform
all of the functions and duties of the 14 CFR Part 39
In accordance with procedures
established in the RUS Continuity of office of the Administrator, including [Docket No. FAA–2005–22455; Directorate
Operations (COOP) plan, the following those functions and duties that are Identifier 2005–NM–095–AD; Amendment
officials, in the order indicated below, required by statute or regulation to be 39–14489; AD 2006–04–08]
shall act in the office of Rural Utilities performed exclusively by the RIN 2120–AA64
Service Administrator in case of the Administrator. In the event of the
Administrator’s absence, or inability to absence or disability of both Airworthiness Directives; Airbus Model
act, until the absence or inability ceases. Administrator and the Deputy A300 B4–600, B4–600R, and F4–600R
(a) The Deputy Administrator is ‘‘first Administrator, or in the event that both Series Airplanes, and Model C4–605R
assistant’’ for purposes of the Federal the office of Administrator and Deputy Variant F Airplanes (Collectively Called
Vacancies Reform Act of 1998 (5 U.S.C. Administrator are vacant, the officials in A300–600 Series Airplanes); and Model
§ 3345–3349d) and shall, in the absence the order of succession indicated in A310–300 Series Airplanes
or disability of the Administrator, or in paragraph (b) of this section shall
the event of a vacancy in the office of perform all the functions and duties of AGENCY: Federal Aviation
Administrator, serve as Acting the Administrator but may not serve as Administration (FAA), Department of
Administrator, subject to the limitations Acting Administrator. Transportation (DOT).
established by law. (e) The Administrator retains the ACTION: Final rule.
(b) In the event of the absence or discretion to depart from the order in
paragraph b for occasions where SUMMARY: The FAA is adopting a new
disability of both the Administrator and airworthiness directive (AD) for certain
the Deputy Administrator, or in the deviation from automatic succession is
desired by the Administrator. Such Airbus Model A300 B4–600, B4–600R,
event of a vacancy in both the office of and F4–600R series airplanes, and
the Administrator and the Deputy temporary designations shall be in
writing. Notwithstanding the provisions Model C4–605R Variant F airplanes
Administrator, the official incumbents (collectively called A300–600 series
of the following positions shall, in the of this section 1710.53 not contained in
this paragraph (e), the Administrator airplanes); and Model A310–300 series
sequence shown, temporarily perform airplanes. This AD requires inspecting
all of the functions and duties of the may delegate full or limited authority to
perform the functions and duties of the the pilot’s and co-pilot’s seats to
Administrator, except to the extent that determine if a certain actuator having a
such functions and duties may not be office of Administrator except to the
extent that such functions and duties certain part number is installed, and
delegated by law. corrective action if necessary. This AD
(1) Chief of Staff. may not be delegated by law.
(2) Assistant Administrator, Electric (f) The Administrator may terminate results from a production defect found
Program. the delegations under this section in certain actuators during overhaul of
(3) Assistant Administrator, Water 1700.53, in whole or in part, at any the pilot’s and co-pilot’s seats. We are
and Environmental Programs. time. Unless terminated by the issuing this AD to prevent
(4) Assistant Administrator, Administrator, written delegations uncommanded movement of the pilot’s
Telecommunications Programs. under paragraph (e) of this section or co-pilot’s seat, which could result in
expire in accordance with their terms. interference with the operation of the
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(5) Assistant Administrator, Program


Accounting and Regulatory Analysis. Individuals acting as successors under airplane and consequent temporary loss
(6) Community Programs Director of paragraph (b) of this section will be of airplane control.
the Rural Development Kentucky State relieved of such authority as soon as an DATES: This AD becomes effective
Office. incumbent in a position listed higher on March 24, 2006.

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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Rules and Regulations 8437

The Director of the Federal Register airplanes), as an ‘‘acceptable means of the Federal Aviation Regulations (14
approved the incorporation by reference compliance’’ for accomplishing the CFR 21.203), are intended to ensure that
of certain publications listed in the AD actions. The NPRM refers to the original aeronautical products comply with the
as of March 24, 2006. issue of the service bulletin as the applicable airworthiness standards. ADs
ADDRESSES: You may examine the AD acceptable source of service information are issued when, notwithstanding those
docket on the Internet at http:// for accomplishing the proposed actions. procedures, we become aware of unsafe
dms.dot.gov or in person at the Docket We agree with the commenter’s conditions in these products or parts.
Management Facility, U.S. Department request. The procedures in Revision 01 Therefore, an AD takes precedence over
of Transportation, 400 Seventh Street, of the referenced service bulletin are design approvals when we identify an
SW., Nassif Building, Room PL–401, essentially the same as those in the unsafe condition, and mandating
Washington, DC. original issue of the service bulletin. installation of a certain part number in
Contact Airbus, 1 Rond Point Maurice Revision 01 merely adds one an AD is not at variance with section
Bellonte, 31707 Blagnac Cedex, France, manufacturer serial number to those § 21.303.
for service information identified in this identified in the service bulletin The AD provides a means of
AD. effectivity. Accordingly, we have compliance for operators to ensure that
revised paragraph (f) of this AD to refer the identified unsafe condition is
FOR FURTHER INFORMATION CONTACT: Tom to Revision 01 as the appropriate source addressed appropriately. For an unsafe
Stafford, Aerospace Engineer, ANM– of service information for accomplishing condition attributable to a part, the AD
116, International Branch, FAA, the required actions. We have also normally identifies the replacement
Transport Airplane Directorate, 1601 added a new paragraph (g) (and re- parts necessary to obtain that
Lind Avenue, SW., Renton, Washington identified subsequent paragraphs compliance. As stated in section 39.7 of
98055–4056; telephone (425) 227–1622; accordingly) to state that inspections the Federal Aviation Regulations (14
fax (425) 227–1149. and corrective actions accomplished CFR 39.7), ‘‘Anyone who operates a
SUPPLEMENTARY INFORMATION: before the effective date of this AD per product that does not meet the
Examining the Docket the original issue of the service bulletin requirements of an applicable
are acceptable for compliance with this airworthiness directive is in violation of
You may examine the airworthiness AD. this section.’’ Unless an operator obtains
directive (AD) docket on the Internet at approval for an AMOC, replacing a part
http://dms.dot.gov or in person at the Request To Reference Parts
with one not specified by the AD would
Docket Management Facility office Manufacturer Approval (PMA) Parts
make the operator subject to an
between 9 a.m. and 5 p.m., Monday One commenter requests that the enforcement action and result in a civil
through Friday, except Federal holidays. language in the NPRM be changed to penalty. We have made no change to the
The Docket Management Facility office permit installation of PMA equivalent AD in this regard.
(telephone (800) 647–5227) is located on parts. The commenter states that the
the plaza level of the Nassif Building at mandated installation of a certain part Request To Address Defective PMA
the street address stated in the number ‘‘is in conflict with existing law Parts
ADDRESSES section. (FAR 21.303),’’ which permits the The same commenter also requests
installation of other PMA parts. that the NPRM be revised to cover
Discussion We infer that the commenter would possible defective PMA alternative
The FAA issued a notice of proposed like the AD to permit installation of any parts, rather than just a single part
rulemaking (NPRM) to amend 14 CFR equivalent PMA part so that it is not number, so that those defective PMA
part 39 to include an AD that would necessary for an operator to request parts also are subject to the NPRM. The
apply to certain Airbus Model A300 B4– approval of an alternative method of commenter states that, often, the service
600, B4-600R, and F4–600R series compliance (AMOC) in order to install document specifies a defective part with
airplanes, and Model C4–605R Variant F an ‘‘equivalent’’ PMA part. Whether an the requirement that the defective part
airplanes (collectively called A300–600 alternative part is ‘‘equivalent’’ in be replaced by a ‘‘new and improved’’
series airplanes); and Model A310–300 adequately resolving the unsafe part. This fails to address the possibility
series airplanes. That NPRM was condition can only be determined on a that a PMA part may be installed
published in the Federal Register on case-by-case basis based on a complete instead of the original part. Since the
September 19, 2005 (70 FR 54852). That understanding of the unsafe condition. PMA part may often share the identical
NPRM proposed to require inspecting We are not currently aware of any such design data with the original part, while
the pilot’s and co-pilot’s seats to parts. Our policy is that, in order for having a completely different part
determine if a certain actuator having a operators to replace a part with one that number, it is possible that the AD will
certain part number is installed, and is not specified in the AD, they must not address certain defective PMA parts
corrective action if necessary. request an AMOC. This is necessary so installed on the airplane. This would
that we can make a specific allow the unsafe condition to continue.
Comments determination that an alternative part is We agree with the commenter’s
We provided the public the or is not susceptible to the same unsafe general request that, if we know that an
opportunity to participate in the condition. unsafe condition also exists in PMA
development of this AD. We have In response to the commenter’s parts, the AD should address those
considered the comments received. statement regarding a ‘‘variance with parts, as well as the original parts. As
FAR 21.303,’’ under which the FAA the commenter states, in this case, the
Request To Include Revised Service issues PMAs, this statement appears to identified PMA part has a different part
Information reflect a misunderstanding of the number than the original, and is
One commenter, the airplane relationship between ADs and the therefore not subject to the requirements
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manufacturer, asks that we change the certification procedural regulations of of this AD. We are not aware of other
NPRM to refer to Airbus Service part 21 of the Federal Aviation PMA parts that have a different part
Bulletin A300–25–6194, Revision 01, Regulations (14 CFR part 21). Those number. The commenter’s remarks are
dated April 8, 2005 (for A300–600 series regulations, including section 21.303 of timely in that the Transport Airplane

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8438 Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Rules and Regulations

Directorate currently is in the process of because it addresses an unsafe condition airplanes, A300 B4–605R and B4–622R
reviewing this issue as it applies to that is likely to exist or develop on airplanes, A300 F4–605R and F4–622R
transport category airplanes. We products identified in this rulemaking airplanes, and A300 C4–605R Variant F
airplanes; and Airbus Model A310–304,
acknowledge that there may be other action. –322, –324, and –325 airplanes; certificated
ways of addressing this issue to ensure in any category; equipped with Sogerma
Regulatory Findings
that unsafe PMA parts are identified and Socea powered seats having part number (P/
addressed. Once we have thoroughly We have determined that this AD will N) TAAI2–13PE00–01, –13PE01–01,
examined all aspects of this issue, not have federalism implications under –13CE00–01, or 13CE01–01 installed.
including input from industry, and have Executive Order 13132. This AD will Unsafe Condition
made a final determination, we will not have a substantial direct effect on
the States, on the relationship between (d) This AD results from a production
consider whether our policy regarding defect found in certain actuators during
addressing PMA parts in ADs needs to the national government and the States, overhaul of the pilot’s and co-pilot’s seats.
be revised. We consider that to delay or on the distribution of power and We are issuing this AD to prevent
this AD action would be inappropriate, responsibilities among the various uncommanded movement of the pilot’s or co-
since we have determined that an levels of government. pilot’s seat, which could result in
unsafe condition exists and that For the reasons discussed above, I interference with the operation of the
replacement of certain parts must be certify that this AD: airplane and consequent temporary loss of
(1) Is not a ‘‘significant regulatory airplane control.
accomplished to ensure continued
safety. Therefore, we have made no action’’ under Executive Order 12866; Compliance
change to the AD in this regard. (2) Is not a ‘‘significant rule’’ under (e) You are responsible for having the
DOT Regulatory Policies and Procedures actions required by this AD performed within
Clarification of AMOC Paragraph (44 FR 11034, February 26, 1979); and the compliance times specified, unless the
We have revised paragraph (j) of this (3) Will not have a significant actions have already been done.
AD to clarify the appropriate procedure economic impact, positive or negative, Inspection for Actuator Part Numbers and
for notifying the principal inspector on a substantial number of small entities Corrective Action
before using any approved AMOC on under the criteria of the Regulatory (f) Within 600 flight hours or 30 days after
any airplane to which the AMOC Flexibility Act. the effective date of this AD, whichever is
applies. We prepared a regulatory evaluation first: Inspect to determine if a Messier Bugatti
of the estimated costs to comply with (Labinal) actuator with P/N 4136290004 or
Conclusion
this AD and placed it in the AD docket. 4136290005 is installed on the pilot’s or co-
We have carefully reviewed the See the ADDRESSES section for a location pilot’s seat by doing all the actions specified
available data, including the comments to examine the regulatory evaluation. in the Accomplishment Instructions of
received, and determined that air safety Airbus Service Bulletin A310–25–2182 (for
and the public interest require adopting List of Subjects in 14 CFR Part 39 A310–300 series airplanes), dated February 1,
the AD with the changes described 2005, or A300–25–6194, Revision 01 (for
Air transportation, Aircraft, Aviation A300–600 series airplanes), dated April 8,
previously. These changes will neither safety, Incorporation by reference, 2005, as applicable.
increase the economic burden on any Safety. (1) If no actuator with the identified P/N
operator nor increase the scope of the is installed, no further action is required by
AD. Adoption of the Amendment
this paragraph.
■ Accordingly, under the authority (2) If any actuator with any identified P/
Costs of Compliance N is installed: Within 6 months after the
delegated to me by the Administrator,
This AD affects about 169 airplanes of effective date of this AD, replace the affected
the FAA amends 14 CFR part 39 as actuator with a new actuator in accordance
U.S. registry. The inspection takes about follows:
1 work hour per airplane, at an average with the Accomplishment Instructions of the
applicable service bulletin.
labor rate of $65 per work hour. Based PART 39—AIRWORTHINESS
on these figures, the estimated cost of Note 1: Airbus Service Bulletins A310–25–
DIRECTIVES 2182 and A300–25–6194 reference Sogerma-
the AD for U.S. operators is $10,985, or
■ 1. The authority citation for part 39 Services Service Bulletin TAAI2–25–616,
$65 per airplane. dated November 30, 2004, as an additional
continues to read as follows:
Authority for This Rulemaking source of service information for
Authority: 49 U.S.C. 106(g), 40113, 44701. accomplishing the actuator replacement.
Title 49 of the United States Code
specifies the FAA’s authority to issue § 39.13 [Amended] Credit for Previous Issue of Service Bulletin
rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation (g) Inspections and corrective action
Section 106, describes the authority of Administration (FAA) amends § 39.13 accomplished before the effective date of this
the FAA Administrator. Subtitle VII, by adding the following new AD in accordance with Airbus Service
Aviation Programs, describes in more Bulletin A300–25–6194 (for A300–600 series
airworthiness directive (AD): airplanes), dated February 1, 2005, is
detail the scope of the Agency’s
2006–04–08 Airbus: Amendment 39–14489. acceptable for compliance with the actions
authority. Docket No. FAA–2005–22455; required by paragraph (f) of this AD.
We are issuing this rulemaking under Directorate Identifier 2005–NM–095–AD.
the authority described in Subtitle VII, Parts Installation
Part A, Subpart III, Section 44701, Effective Date (h) After the effective date of this AD, no
‘‘General requirements.’’ Under that (a) This AD becomes effective March 24, Messier Bugatti (Labinal) actuator with P/N
section, Congress charges the FAA with 2006. 4136290004 or 4136290005 may be installed
promoting safe flight of civil aircraft in on any airplane.
Affected ADs
air commerce by prescribing regulations
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(b) None. No Reporting Required


for practices, methods, and procedures (i) Although the service bulletins
the Administrator finds necessary for Applicability referenced in this AD specify to submit an
safety in air commerce. This regulation (c) This AD applies to Airbus Model A300 inspection report to the manufacturer, this
is within the scope of that authority B4–601, B4–603, B4–620, and B4–622 AD does not include that requirement.

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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Rules and Regulations 8439

Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION dms.dot.gov or in person at the Docket


(AMOCs) Management Facility, U.S. Department
(j)(1) The Manager, International Branch, Federal Aviation Administration of Transportation, 400 Seventh Street
ANM–116, FAA, Transport Airplane SW., Nassif Building, room PL–401,
Directorate, has the authority to approve 14 CFR Part 39 Washington, DC.
AMOCs for this AD, if requested in [Docket No. FAA–2005–23143; Directorate Contact Airbus, 1 Rond Point Maurice
accordance with the procedures found in 14 Identifier 2005–NM–177–AD; Amendment Bellonte, 31707 Blagnac Cedex, France,
CFR 39.19. 39–14487; AD 2006–04–06] for service information identified in this
(2) Before using any AMOC approved in AD.
RIN 2120–AA64
accordance with 14 CFR 39.19 on any FOR FURTHER INFORMATION CONTACT: Dan
airplane to which the AMOC applies, notify Airworthiness Directives; Airbus Model Rodina, Aerospace Engineer,
the appropriate principal inspector in the A318–100 Series Airplanes, Model International Branch, ANM–116, FAA,
FAA Flight Standards Certificate Holding A319–100 Series Airplanes, Model Transport Airplane Directorate, 1601
District Office. A320–111 Airplanes, Model A320–200 Lind Avenue, SW., Renton, Washington
Related Information Series Airplanes, and Model A321–100 98055–4056; telephone (425) 227–2125;
(k) French airworthiness directive F–2005–
Series Airplanes fax (425) 227–1149.
038, dated March 2, 2005, also addresses the AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
subject of this AD. Administration (FAA), Department of Examining the Docket
Material Incorporated by Reference Transportation (DOT).
ACTION: Final rule.
You may examine the airworthiness
(l) You must use Airbus Service Bulletin directive (AD) docket on the Internet at
A310–25–2182, excluding Appendix 01, SUMMARY: The FAA is superseding an http://dms.dot.gov or in person at the
dated February 1, 2005; or Airbus Service existing airworthiness directive (AD), Docket Management Facility office
Bulletin A300–25–6194, Revision 01, which applies to certain Airbus Model between 9 a.m. and 5 p.m., Monday
excluding Appendix 01, dated April 8, 2005; A319, A320, and A321 series airplanes. through Friday, except Federal holidays.
as applicable, to perform the actions that are That AD currently requires repetitive The Docket Management Facility office
required by this AD, unless the AD specifies inspections to detect wear of the (telephone (800) 647–5227) is located on
otherwise. The Director of the Federal inboard flap trunnions, and to detect the plaza level of the Nassif Building at
Register approved the incorporation by wear or de-bonding of the protective the street address stated in the
reference of these documents in accordance half-shells; corrective actions, if ADDRESSES section.
with 5 U.S.C. 552(a) and 1 CFR part 51. necessary; and terminating action. This
Contact Airbus, 1 Rond Point Maurice Discussion
new AD removes the repetitive
Bellonte, 31707 Blagnac Cedex, France, for a inspections to detect wear of the The FAA issued a notice of proposed
copy of this service information. You may inboard flap trunnions and to detect rulemaking (NPRM) to amend 14 CFR
review copies at the Docket Management wear or de-bonding of the protective part 39 to include an AD that
Facility, U.S. Department of Transportation, half-shells; and corrective actions if supersedes AD 2000–24–02, amendment
400 Seventh Street, SW., Room PL–401, necessary. This new AD adds repetitive 39–12009 (65 FR 75603, December 4,
Nassif Building, Washington, DC; on the detailed inspections of the inboard flap 2000). The existing AD applies to
Internet at http://dms.dot.gov; or at the trunnions for any wear marks and of the certain Airbus Model A319, A320, and
National Archives and Records sliding panels for any cracking at the A321 series airplanes. That NPRM was
Administration (NARA). For information on long edges, and corrective actions if published in the Federal Register on
the availability of this material at the NARA, necessary. This new AD also adds December 1, 2005 (70 FR 72085). That
call (202) 741–6030, or go to http:// airplanes to the applicability. This AD NPRM proposed to remove the
www.archives.gov/federal_register/ code_of_ results from reports of wear damage to repetitive inspections to detect wear of
federal_regulations/ibr_locations.html. the inboard flap trunnions after the inboard flap trunnions and to detect
Issued in Renton, Washington, on February incorporation of the terminating wear or de-bonding of the protective
7, 2006. modification. We are issuing this AD to half-shells; and corrective actions if
Kalene C. Yanamura, detect and correct wear of the inboard necessary. That NPRM also proposed to
Acting Manager, Transport Airplane
flap trunnions, which could lead to loss add repetitive detailed inspections of
Directorate, Aircraft Certification Service. of flap surface control and consequently the inboard flap trunnions for any wear
result in the flap detaching from the marks and of the sliding panels for any
[FR Doc. 06–1404 Filed 2–16–06; 8:45 am]
airplane. A detached flap could result in cracking at the long edges, and
BILLING CODE 4910–13–P
damage to the tail of the airplane. corrective actions if necessary. That
DATES: This AD becomes effective NPRM also proposed to add airplanes to
March 24, 2006. the applicability.
The Director of the Federal Register
approved the incorporation by reference Comments
of Airbus Service Bulletin A320–57– We provided the public the
1133, excluding Appendix 01, dated opportunity to participate in the
July 28, 2005, as of March 24, 2006. development of this AD. We have
On January 8, 2001 (65 FR 75603, considered the comment that has been
December 4, 2000), the Director of the received on the NPRM. The commenter
Federal Register approved the supports the NPRM.
incorporation by reference of Airbus
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Service Bulletin A320–27–1117, Conclusion


Revision 02, dated January 18, 2000. We have carefully reviewed the
ADDRESSES: You may examine the AD available data, including the comment
docket on the Internet at http:// that has been received, and determined

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