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Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Rules and Regulations 3757

Issued in Burlington, Massachusetts, on SUPPLEMENTARY INFORMATION: A330 fleet was delivered with P/N
January 12, 2006. FRH010041 actuators installed, its first
Peter A. White, Examining the Docket
A330 was delivered July 2003, and no
Acting Manager, Engine and Propeller You may examine the airworthiness P/N HTE190021 or P/N HTE190026
Directorate, Aircraft Certification Service. directive (AD) docket on the Internet at actuators have been purchased. Airbus
[FR Doc. 06–522 Filed 1–23–06; 8:45 am] http://dms.dot.gov or in person at the Service Bulletins A330–28–3083 and
BILLING CODE 4910–13–P Docket Management Facility office A340–28–4098, both dated March 25,
between 9 a.m. and 5 p.m., Monday 2003, limit their effectivity to airplanes
through Friday, except Federal holidays. delivered up to May 2003, but the
DEPARTMENT OF TRANSPORTATION The Docket Management Facility office proposed AD would not so limit the
(telephone (800) 647–5227) is located on applicability. The commenter requests
Federal Aviation Administration the plaza level of the Nassif Building at that we revise the applicability of the
the street address stated in the proposed AD to match that of the
14 CFR Part 39 ADDRESSES section. service bulletins.
[Docket No. FAA–2004–18565; Directorate As stated in the preamble to the
Discussion proposed AD, ‘‘the French airworthiness
Identifier 2003–NM–168–AD; Amendment
39–14461; AD 2006–02–09] The FAA issued a notice of proposed directives specify that Model A330 and
rulemaking (NPRM) to amend 14 CFR A340 series airplanes are affected if they
RIN 2120–AA64 part 39 to include an AD that would are equipped with LPSOV actuators
apply to all Airbus Model A330, A340– having certain part numbers.’’ The
Airworthiness Directives; Airbus Model 200, and A340–300 series airplanes; and Airbus service bulletins, which are
A330–200, A330–300, A340–200, and A340–541 and -642 airplanes. That mandated by the French airworthiness
A340–300 Series Airplanes NPRM was published in the Federal directives, specify that operators first
AGENCY: Federal Aviation Register on July 8, 2004 (69 FR 41211). identify the part numbers of the
Administration (FAA), Department of That NPRM proposed to require actuators. This AD therefore applies to
Transportation (DOT). inspecting for damage to certain all Model A330 and A340 series
ACTION: Final rule. actuators of the low-pressure shut-off airplanes and requires part number
valve (LPSOV), and related investigative identification. Because the part is
SUMMARY: The FAA is adopting a new and corrective actions if necessary. interchangeable, this AD further ensures
airworthiness directive (AD) for all that affected LPSOVs are not installed in
Comments
Airbus Model Airbus Model A330–200, the future, as required by paragraph (g)
A330–300, A340–200, and A340–300 We provided the public the of this AD. However, we agree to revise
series airplanes. This AD requires opportunity to participate in the paragraph (f) of this final rule to also
inspecting for damage to certain development of this AD. We have allow an airplane records review to
actuators of the low-pressure shut-off considered the comments received. determine the part number of the
valve (LPSOV), and related investigative Requests To Limit Applicability actuator.
and corrective actions if necessary. This Request To Allow Additional Service
AD results from a report of damage to One commenter, on behalf of Airbus,
requests that we revise the proposed Information
the LPSOV pedestal. We are issuing this
AD to ensure that, in the event of an applicability to match that of the French The proposed AD would require
engine fire, the LPSOV actuator airworthiness directive, which is operators to inspect certain LPSOV
functions properly to delay or block the limited to airplanes equipped with actuators, and would prohibit
fuel flow to the engine and prevent an certain LPSOV part numbers (P/Ns). The installation of affected actuators on or
uncontrollable fire. commenter adds that Model A330–301 after the effective date of the AD. One
airplanes (among others) receive Airbus commenter, on behalf of an operator of
DATES: This AD becomes effective
Modification 48225/48223 in Model A330 airplanes, notes that Task
February 28, 2006. 28–00–00–200–80 of the A330 Aircraft
production, and Model A340–541 and
The Director of the Federal Register Maintenance Manual (AMM), task 28–
–642 airplanes receive Airbus
approved the incorporation by reference 00–00–200–801, revised July 1, 2004,
Modification 48552 in production.
of certain publications listed in the AD provides new installation procedures for
These modifications involve installing
as of February 28, 2006. measuring the dowel in each LPSOV
actuator P/N FRH010041.
ADDRESSES: You may examine the AD We infer that the commenter would location. According to the commenter,
docket on the Internet at http:// like us to remove Model A330–301, the AMM should provide sufficient
dms.dot.gov or in person at the Docket A340–541, and A340–642 airplanes instructions to meet the parts
Management Facility, U.S. Department from the applicability of the proposed installation requirement (paragraph (g)
of Transportation, 400 Seventh Street AD. Since we issued the proposed AD, of the proposed AD); however, as
SW., Nassif Building, room PL–401, French airworthiness directive F–2003– written, paragraph (g) would prohibit
Washington, DC. 360 R1, dated May 26, 2004, was issued installing an affected actuator unless it
Contact Airbus, 1 Rond Point Maurice to limit the applicability to A340–200 has been measured specifically in
Bellonte, 31707 Blagnac Cedex, France, and –300 series airplanes. We have accordance with Airbus Service Bulletin
for service information identified in this revised this final rule accordingly. A330–28–3083. The commenter
AD. There has been no corresponding requests that we revise paragraph (g) to
FOR FURTHER INFORMATION CONTACT: Tim revision to French airworthiness also consider the AMM task acceptable
Backman, Aerospace Engineer, directive F–2003–359 to exclude Model for measuring the dowel during
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International Branch, ANM–116, FAA, A330–301 airplanes. installation of the actuator. The
Transport Airplane Directorate, 1601 Another commenter, a Model A330 commenter asserts that this change will
Lind Avenue, SW., Renton, Washington operator, also requests that we limit the also prevent the inadvertent installation
98055–4056; telephone (425) 227–2797; applicability. The commenter reports of an actuator that had not been
fax (425) 227–1149. the following: This operator’s entire measured, since actuators that have

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3758 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations

been inspected in accordance with (such as measurement) were done. We have revised this action to clarify
Airbus Service Bulletin A330–28–3083 Paragraph (e) of this AD allows for the appropriate procedure for notifying
are not so marked or identified. The compliance when the required actions the principal inspector before using any
commenter also requests that we allow have already been done. We have not approved AMOC on any airplane to
actuators previously installed in changed the final rule regarding these which the AMOC applies.
accordance with the AMM after the references.
revision date that added the new Conclusion
measurement task be given credit for the Additional Changes to Proposed AD
We have carefully reviewed the
requirements of paragraph (f) of the Paragraph (f)(1) of the proposed AD
available data, including the comments
proposed AD. stated that no further action would be
received, and determined that air safety
The Accomplishment Instructions in required for airplanes with LPSOV part
number FRH010041. However, the and the public interest require adopting
the referenced service bulletins refer to
the appropriate AMM sections as requirements of paragraph (g) remain in the AD with the changes described
additional sources of service effect for all airplanes. We have changed previously. We have determined that
information. It is not necessary to cite paragraph (f)(1) in this final rule to refer these changes will neither increase the
the specific AMM references in this AD. only to the requirements of paragraph (f) economic burden on any operator nor
Furthermore, the service bulletin does for those airplanes. increase the scope of the AD.
not refer to a specific revision level of We have revised the applicability of Costs of Compliance
the AMM. Compliance with any the proposed AD to identify model
revision of the AMM is acceptable for designations as published in the most The following table provides the
compliance with the requirements of recent type certificate data sheet for the estimated costs for U.S. operators to
this AD, as long as the required actions affected models. comply with this AD.

ESTIMATED COSTS
Number of
Average Cost per U.S.-reg-
Action Work hours labor rate Parts Fleet cost
airplane istered
per hour airplanes

Inspection ............................................................................. 1 $65 No parts $65 15 $975

Currently, there are no U.S.-registered the States, on the relationship between PART 39—AIRWORTHINESS
Model A340–200 or –300 series the national government and the States, DIRECTIVES
airplanes; however, if any are imported or on the distribution of power and
and placed on the U.S. Register in the responsibilities among the various ■ 1. The authority citation for part 39
future, the estimated costs in the above levels of government. continues to read as follows:
table would apply. Authority: 49 U.S.C. 106(g), 40113, 44701.
For the reasons discussed above, I
Authority for This Rulemaking certify that this AD: § 39.13 [Amended]
Title 49 of the United States Code (1) Is not a ‘‘significant regulatory ■ 2. The Federal Aviation
specifies the FAA’s authority to issue action’’ under Executive Order 12866; Administration (FAA) amends § 39.13
rules on aviation safety. Subtitle I, by adding the following new
(2) Is not a ‘‘significant rule’’ under
section 106, describes the authority of airworthiness directive (AD):
DOT Regulatory Policies and Procedures
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and 2006–02–09 Airbus: Amendment 39–14461.
(3) Will not have a significant Docket No. FAA–2004–18565;
detail the scope of the Agency’s
Directorate Identifier 2003–NM–168–AD.
authority. economic impact, positive or negative,
We are issuing this rulemaking under on a substantial number of small entities Effective Date
the authority described in subtitle VII, under the criteria of the Regulatory (a) This AD becomes effective February 28,
part A, subpart III, section 44701, Flexibility Act. 2006.
‘‘General requirements.’’ Under that
We prepared a regulatory evaluation Affected ADs
section, Congress charges the FAA with
promoting safe flight of civil aircraft in of the estimated costs to comply with (b) None.
air commerce by prescribing regulations this AD and placed it in the AD docket.
Applicability
for practices, methods, and procedures See the ADDRESSES section for a location
to examine the regulatory evaluation. (c) This AD applies to all Airbus Model
the Administrator finds necessary for A330–201, –202, –203, –223, –243, –301,
safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 –321, –322, –323, –341, –342, and –343
is within the scope of that authority airplanes; and Model A340–211, –212, –213,
because it addresses an unsafe condition Air transportation, Aircraft, Aviation –311, –312, and –313 airplanes; certificated
that is likely to exist or develop on safety, Incorporation by reference, in any category.
products identified in this rulemaking Safety. Unsafe Condition
action. (d) This AD results from a report of damage
Adoption of the Amendment
Regulatory Findings to the pedestal of the low-pressure shut-off
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■ Accordingly, under the authority valve (LPSOV). We are issuing this AD to


We have determined that this AD will ensure that, in the event of an engine fire, the
not have federalism implications under delegated to me by the Administrator, LPSOV actuator functions properly to delay
Executive Order 13132. This AD will the FAA amends 14 CFR part 39 as or block the fuel flow to the engine and
not have a substantial direct effect on follows: prevent an uncontrollable fire.

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3759

Compliance Part Number Identification this inspection if the P/N is conclusively


(e) You are responsible for having the (f) At the applicable time specified in Table determined from that review.
actions required by this AD performed within 1 of this AD, identify the part number (P/N)
the compliance times specified, unless the of the LPSOV actuator. A review of airplane
actions have already been done. maintenance records is acceptable in lieu of

TABLE 1.—COMPLIANCE TIMES


Do the actions specified in paragraph (f) of this AD at the earlier of the
For model— following times:

A330–201, –202, –203, –223, –243, –301, –321, –322, –323, –341, Within 16,000 flight hours after the effective date of this AD; or Within
–342, and –343 airplanes. 53 months after the effective date of this AD.
A340–211, –212, –213, –311, –312, and –313 airplanes ....................... Within 12,000 flight hours after the effective date of this AD; or Within
39 months after the effective date of this AD.

(1) For P/N FRH010041: No further action Related Information adequate controlled airspace to contain
is required by this paragraph. (i) French airworthiness directives 2003– aircraft executing a new Standard
(2) For P/N HTE190021 or HTE190026: 359(B), dated October 1, 2003, and F–2003– Instrument Approach Procedure (SIAP)
Before further flight, do a detailed inspection 360 R1, dated May 26, 2004, also address the at the airport. This rule results in new
for damage to the LPSOV pedestal, and subject of this AD. Class E airspace upward from 700 ft.
measure the distance between the face of the
mounting flange and the top of the locating Material Incorporated by Reference and 1,200 ft. above the surface at the
pin (dowel). Do the actions in accordance (j) You must use Airbus Service Bulletin Toksook Bay Airport, Toksook Bay AK.
with the Accomplishment Instructions of A330–28–3083, dated March 25, 2003; or EFFECTIVE DATE: 0901 UTC, April 13,
Airbus Service Bulletin A330–28–3083 or Airbus Service Bulletin A340–28–4098, 2006.
A340–28–4098, both dated March 25, 2003, dated March 25, 2003; as applicable, to
FOR FURTHER INFORMATION CONTACT: Gary
as applicable. Do all related investigative and perform the actions that are required by this
AD, unless the AD specifies otherwise. The Rolf, AAL–538G, Federal Aviation
corrective actions before further flight in
accordance with the service bulletin, as Director of the Federal Register approved the Administration, 222 West 7th Avenue,
applicable. incorporation by reference of these Box 14, Anchorage, AK 99513–7587;
Note 1: For the purposes of this AD, a
documents in accordance with 5 U.S.C. telephone number (907) 271–5898; fax:
552(a) and 1 CFR part 51. Contact Airbus, 1 (907) 271–2850; e-mail:
detailed inspection is defined as: ‘‘An
Rond Point Maurice Bellonte, 31707 Blagnac gary.ctr.rolf@faa.gov. Internet address:
intensive visual examination of a specific
Cedex, France, for a copy of this service http://www.alaska.faa.gov/at.
structural area, system, installation, or
information. You may review copies at the
assembly to detect damage, failure, or SUPPLEMENTARY INFORMATION:
Docket Management Facility, U.S.
irregularity. Available lighting is normally Department of Transportation, 400 Seventh
supplemented with a direct source of good History
Street SW., room PL–401, Nassif Building,
lighting at intensity deemed appropriate by Washington, DC; on the Internet at http:// On Thursday, November 17, 2005, the
the inspector. Inspection aids such as mirror, dms.dot.gov; or at the National Archives and FAA proposed to amend part 71 of the
magnifying lenses, etc., may be used. Surface Records Administration (NARA). For Federal Aviation Regulations (14 CFR
cleaning and elaborate access procedures information on the availability of this part 71) to modify Class E airspace
may be required.’’ material at the NARA, call (202) 741–6030, upward from 700 ft. and 1,200 ft. above
Note 2: Airbus Service Bulletins A330–28– or go to http://www.archives.gov/federal- the surface at Toksook Bay, AK (70 FR
3083 and A340–28–4098 refer to FR–HiTEMP register/cfr/ibr-locations.html.
69709). The action was proposed in
Service Bulletin HTE190021–28–2, dated Issued in Renton, Washington, on January order to create Class E airspace
March 17, 2003, as an additional source of 9, 2006. sufficient in size to contain aircraft
service information for measuring the flange- Ali Bahrami,
to-pin distance. while executing one new SIAP for the
Manager, Transport Airplane Directorate, Toksook Bay Airport. The new approach
Parts Installation Aircraft Certification Service. is the Area Navigation (Global
(g) As of the effective date of this AD: No [FR Doc. 06–559 Filed 1–23–06; 8:45 am] Positioning System) (RNAV (GPS))
person may install an actuator P/N BILLING CODE 4910–13–P Runway (RWY) 34, original. Class E
HTE190021 or HTE190026 on any airplane controlled airspace extending upward
unless the actuator has been measured, and from 700 ft. and 1,200 ft. above the
all applicable related investigative and DEPARTMENT OF TRANSPORTATION surface in the Toksook Bay Airport area
corrective actions have been done, in is created by this action. Airspace more
accordance with the requirements of Federal Aviation Administration than 12 Nautical Miles (NM) from the
paragraph (f)(2) of this AD.
shoreline will be excluded from this
Alternative Methods of Compliance 14 CFR Part 71 action. That controlled airspace outside
(AMOCs) [Docket No. FAA–2005–22856; Airspace 12 NM from the shoreline within 35 NM
(h)(1) The Manager, International Branch, Docket No. 05–AAL–36] of the geographic point located at
ANM–116, Transport Airplane Directorate, 60°21′17″ North latitude, 165°04′01″
FAA, has the authority to approve AMOCs Establishment of Class E Airspace; West longitude will be created in
for this AD, if requested using the procedures Toksook Bay, AK coordination with HQ FAA ATA–400 by
found in 14 CFR 39.19. modifying existing Offshore Airspace
(2) Before using any AMOC approved in AGENCY: Federal Aviation
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accordance with 14 CFR 39.19 on any Administration (FAA), DOT. Areas in accordance with FAA Order
airplane to which the AMOC applies, notify ACTION: Final rule. 7400.2. That NPRM is currently
the appropriate principal inspector in the published as Docket # FAA–2005–
FAA Flight Standards Certificate Holding SUMMARY: This action creates Class E 22024, 05–AAL–38. The NPRM
District Office. airspace at Toksook Bay, AK to provide originally listed the airfield coordinates

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