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Federal Register / Vol. 70, No.

172 / Wednesday, September 7, 2005 / Rules and Regulations 53051

DEPARTMENT OF TRANSPORTATION Contact Airbus, 1 Rond Point Maurice 21.29 of the Federal Aviation
Bellonte, 31707 Blagnac Cedex, France, Regulations (14 CFR 21.29) and the
Federal Aviation Administration for service information identified in this applicable bilateral airworthiness
AD. agreement. Pursuant to this bilateral
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Tim airworthiness agreement, the DGAC has
[Docket No. FAA–2005–22291; Directorate Backman, Aerospace Engineer, kept the FAA informed of the situation
Identifier 2005–NM–038–AD; Amendment International Branch, ANM–116, FAA, described above. We have examined the
39–14251; AD 2005–18–11] Transport Airplane Directorate, 1601 DGAC’s findings, evaluated all pertinent
Lind Avenue, SW., Renton, Washington information, and determined that we
RIN 2120–AA64
98055–4056; telephone (425) 227–2797; need to issue an AD for products of this
Airworthiness Directives; Airbus Model fax (425) 227–1149. type design that are certificated for
A340–200 and A340–300 Series SUPPLEMENTARY INFORMATION: operation in the United States.
Airplanes Therefore, we are issuing this AD to
Discussion prevent reduced structural integrity of
AGENCY: Federal Aviation The Direction Générale de l’Aviation the pylon-to-engine attachment bolts on
Administration (FAA), Department of Civile (DGAC), which is the the pyramid forward fitting, which
Transportation (DOT). airworthiness authority for France, could result in separation of an engine
ACTION: Final rule; request for notified us that an unsafe condition may from the airplane. This AD requires
comments. exist on certain Airbus Model A340–200 accomplishing the actions specified in
and A340–300 series airplanes. The the service information described
SUMMARY: The FAA is adopting a new DGAC advises that, during a routine previously, except as discussed under
airworthiness directive (AD) for certain inspection, it was found that the ‘‘Difference Between the AD and Service
Airbus Model A340–200 and A340–300 diameter of the spotfacings was too Bulletin.’’
series airplanes. This AD requires a one- small for two of the pylon-to-engine
time inspection for discrepancies of the Difference Between the AD and Service
attachment bolts on the pyramid
spotfacing for the pylon-to-engine Bulletin
forward fitting. Investigation revealed
attachment bolts on the pyramid that, because the diameter of the Airbus Service Bulletin A340–54–
forward fitting of the engine pylon, and spotfacings on the two front fasteners 4009 recommends concurrently
repair if necessary. This AD results from was incorrect, the bolt head did not fit accomplishing Airbus Service Bulletin
a report that, during a routine correctly on the flat part of the A340–71–4001, or the equivalent
inspection, it was found that the spotfacing, causing possible damage of production modification. The
diameter of the spotfacings was too the spotfacing area and cracking/wear of equivalent production modification has
small for two of the pylon-to-engine the pylon-to-engine attachment bolt. been done on the airplanes specified in
attachment bolts on the pyramid This condition, if not corrected, could the applicability of this AD.
forward fitting. We are issuing this AD result in separation of an engine from Additionally, the French airworthiness
to prevent reduced structural integrity the airplane. directive does not mandate
of the pylon-to-engine attachment bolts accomplishment of the concurrent
on the pyramid forward fitting, which Relevant Service Information
service bulletin. In light of these factors,
could result in separation of an engine Airbus has issued Service Bulletin this AD would not require
from the airplane. A340–54–4009, including Appendix 01, accomplishing the concurrent service
DATES: This AD becomes effective Revision 01, dated February 15, 2005. bulletin.
September 22, 2005. The service bulletin describes
The Director of the Federal Register procedures for a one-time inspection for Costs of Compliance
approved the incorporation by reference discrepancies of the spotfacing for the None of the airplanes affected by this
of a certain publication listed in the AD pylon-to-engine attachment bolts on the action are on the U.S. Register. All
as of September 22, 2005. pyramid forward fitting of the engine airplanes affected by this AD are
We must receive comments on this pylon, and repair if necessary. The currently operated by non-U.S.
AD by November 7, 2005. discrepancies include incorrect operators under foreign registry;
ADDRESSES: Use one of the following dimensions of the spotfacing and therefore, they are not directly affected
addresses to submit comments on this misalignment of the bolt. The repair by this AD action. However, we
AD. involves measuring and machining the consider this AD necessary to ensure
• DOT Docket Web site: Go to spotfacing to the correct dimension and that the unsafe condition is addressed if
http://dms.dot.gov and follow the installing new bolts and washers. any affected airplane is imported and
instructions for sending your comments Accomplishing the actions specified in placed on the U.S. Register in the future.
electronically. the service information is intended to If an affected airplane is imported and
• Government-wide rulemaking Web adequately address the unsafe placed on the U.S. Register in the future,
site: Go to http://www.regulations.gov condition. The DGAC mandated the the required inspection would take
and follow the instructions for sending service information and issued French about 1 work hour per airplane, at an
your comments electronically. airworthiness directive F–2005–011, average labor rate of $65 per work hour.
• Mail: Docket Management Facility; dated January 19, 2005, to ensure the Based on these figures, the estimated
U.S. Department of Transportation, 400 continued airworthiness of these cost of the inspection would be $65 per
Seventh Street SW., Nassif Building, airplanes in France. airplane.
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251. FAA’s Determination and Requirements FAA’s Determination of the Effective
• Hand Delivery: Room PL–401 on of This AD Date
the plaza level of the Nassif Building, These airplane models are No airplane affected by this AD is
400 Seventh Street SW., Washington, manufactured in France and are type currently on the U.S. Register.
DC, between 9 a.m. and 5 p.m., Monday certificated for operation in the United Therefore, providing notice and
through Friday, except Federal holidays. States under the provisions of section opportunity for public comment is

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53052 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations

unnecessary before this AD is issued, ‘‘General requirements.’’ Under that Effective Date
and this AD may be made effective in section, Congress charges the FAA with (a) This AD becomes effective September
less than 30 days after it is published in promoting safe flight of civil aircraft in 22, 2005.
the Federal Register. air commerce by prescribing regulations Affected ADs
for practices, methods, and procedures
Comments Invited (b) None.
the Administrator finds necessary for
This AD is a final rule that involves safety in air commerce. This regulation Applicability
requirements that affect flight safety and is within the scope of that authority (c) This AD applies to Airbus Model A340–
was not preceded by notice and an because it addresses an unsafe condition 211, –212, and –213, and A340–311, –312,
opportunity for public comment; that is likely to exist or develop on and –313 airplanes; certificated in any
however, we invite you to submit any products identified in this rulemaking category; as identified in Airbus Service
relevant written data, views, or action. Bulletin A340–54–4009, Revision 01, dated
arguments regarding this AD. Send your February 15, 2005.
comments to the address listed under Regulatory Findings
Unsafe Condition
the ADDRESSES section. Include ‘‘Docket We have determined that this AD will (d) This AD results from a report that,
No. FAA–2005–22291; Directorate not have federalism implications under during a routine inspection, it was found that
Identifier 2005–NM–038–AD’’ at the Executive Order 13132. This AD will the diameter of the spotfacings was too small
beginning of your comments. We not have a substantial direct effect on for two of the pylon-to-engine attachment
specifically invite comments on the the States, on the relationship between bolts on the pyramid forward fitting. The
overall regulatory, economic, FAA is issuing this AD to prevent reduced
the national government and the States,
environmental, and energy aspects of structural integrity of the pylon-to-engine
or on the distribution of power and attachment bolts on the pyramid forward
the AD that might suggest a need to responsibilities among the various fitting, which could result in separation of an
modify it. levels of government. engine from the airplane.
We will post all comments we
For the reasons discussed above, I Compliance
receive, without change, to http://
certify that the regulation:
dms.dot.gov, including any personal (e) You are responsible for having the
information you provide. We will also 1. Is not a ‘‘significant regulatory actions required by this AD performed within
post a report summarizing each action’’ under Executive Order 12866; the compliance times specified, unless the
substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the actions have already been done.
personnel concerning this AD. Using the DOT Regulatory Policies and Procedures One-Time Inspection/Repair
search function of that Web site, anyone (44 FR 11034, February 26, 1979); and
(f) Within 18 months after the effective
can find and read the comments in any 3. Will not have a significant date of this AD: Perform a one-time detailed
of our dockets, including the name of economic impact, positive or negative, inspection for discrepancies of the spotfacing
the individual who sent the comment on a substantial number of small entities for the pylon-to-engine attachment bolts on
(or signed the comment on behalf of an under the criteria of the Regulatory the pyramid forward fitting of each engine
association, business, labor union, etc.). Flexibility Act. pylon, in accordance with the
You may review the DOT’s complete We prepared a regulatory evaluation Accomplishment Instructions of Airbus
Privacy Act Statement in the Federal of the estimated costs to comply with Service Bulletin A340–54–4009, Revision 01,
Register published on April 11, 2000 dated February 15, 2005. Repair any
this AD and placed it in the AD docket. discrepancy before further flight in
(65 FR 19477–78), or you may visit See the ADDRESSES section for a location accordance with the service bulletin.
http://dms.dot.gov. to examine the regulatory evaluation. Inspections and repairs accomplished before
Examining the Docket the effective date of this AD in accordance
List of Subjects in 14 CFR Part 39
with Airbus Service Bulletin A340–54–4009,
You may examine the AD docket on Air transportation, Aircraft, Aviation dated August 25, 2004, are acceptable for
the Internet at http://dms.dot.gov, or in safety, Incorporation by reference, compliance with this paragraph.
person at the Docket Management Safety. Note 1: For the purposes of this AD, a
Facility office between 9 a.m. and 5 detailed inspection is defined as: ‘‘An
p.m., Monday through Friday, except Adoption of the Amendment intensive visual examination of a specific
Federal holidays. The Docket structural area, system, installation, or
Management Facility office (telephone ■ Accordingly, under the authority assembly to detect damage, failure, or
(800) 647–5227) is located on the plaza delegated to me by the Administrator, irregularity. Available lighting is normally
level of the Nassif Building at the DOT the FAA amends 14 CFR part 39 as supplemented with a direct source of good
follows: lighting at intensity deemed appropriate by
street address stated in the ADDRESSES the inspector. Inspection aids such as mirror,
section. Comments will be available in PART 39—AIRWORTHINESS magnifying lenses, etc., may be used. Surface
the AD docket shortly after the Docket DIRECTIVES cleaning and elaborate access procedures
Management System receives them. may be required.’’
Authority for This Rulemaking ■ 1. The authority citation for part 39
No Reporting Requirement
continues to read as follows:
Title 49 of the United States Code (g) Although the referenced service bulletin
specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. describes procedures for submitting a report
rules on aviation safety. Subtitle I, § 39.13 [Amended] of inspection results to the manufacturer, this
section 106, describes the authority of AD does not include that requirement.
the FAA Administrator. Subtitle VII, ■ 2. The Federal Aviation Alternative Methods of Compliance
Aviation Programs, describes in more Administration (FAA) amends § 39.13 (AMOCs)
detail the scope of the Agency’s by adding the following new
(h) The Manager, International Branch,
authority. airworthiness directive (AD): ANM–116, Transport Airplane Directorate,
We are issuing this rulemaking under 2005–18–11 Airbus: Amendment 39–14251. FAA, has the authority to approve AMOCs
the authority described in subtitle VII, Docket No. FAA–2005–22291; for this AD, if requested in accordance with
part A, subpart III, section 44701, Directorate Identifier 2005–NM–038–AD. the procedures found in 14 CFR 39.19.

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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 53053

Related Information AD to prevent display of ‘‘old’’ or Supportive or No Objection Comments


(i) French airworthiness directive F–2005– expired ATC clearance messages on the for the NPRM
011, dated January 19, 2004, also addresses CDU of subsequent flights, which could One commenter supports the NPRM,
the subject of this AD. result in the airplane entering and another commenter advises that it
Material Incorporated by Reference unauthorized airspace or following a has no objection to the NPRM.
flight path that does not provide
(j) You must use Airbus Service Bulletin
A340–54–4009, Revision 01, dated February minimum separation requirements Requests To Limit the Applicability of
15, 2005, excluding Appendix 01, to perform between aircraft, and a consequent near the NPRM
the actions that are required by this AD, miss or a mid-air collision. Several commenters request that the
unless the AD specifies otherwise. The DATES: Effective October 12, 2005. applicability of the NPRM be limited to
Director of the Federal Register approved the those airplanes that have the Air Traffic
incorporation by reference of this document
The Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference Services Data Link (ATS DL) enabled.
part 51. Contact Airbus, 1 Rond Point of certain publications listed in the AD The commenters advise that Flight
Maurice Bellonte, 31707 Blagnac Cedex, as of October 12, 2005. Management Computer (FMC) systems
France, for a copy of this service information. ADDRESSES: You may examine the AD that are not equipped with the optional
You may review copies at the Docket docket on the Internet at http:// operational program configuration
Management Facility, U.S. Department of (OPC) software to enable the ATS DL
dms.dot.gov or in person at the Docket
Transportation, 400 Seventh Street SW., will never display Air Traffic Control
Room PL–401, Nassif Building, Washington, Management Facility, U.S. Department
of Transportation, 400 Seventh Street, (ATC) clearance messages (new, old, or
DC; on the Internet at http://dms.dot.gov; or expired) on the control display unit
at the National Archives and Records SW., Nassif Building, Room PL–401,
Administration (NARA). For information on Washington, DC. (CDU). The commenters point out that
the availability of this material at the NARA, Contact Boeing Commercial without the OPC, there is not the
call (202) 741–6030, or go to http://www. Airplanes, P.O. Box 3707, Seattle, capability to get ATC clearance
archives.gov/federal-register/cfr/ibr- Washington 98124–2207, for service messages on the CDU. Therefore, the
locations.html.
information identified in this AD. commenters contend that the NPRM
Issued in Renton, Washington, on August should be applicable only to those
FOR FURTHER INFORMATION CONTACT: airplanes that have the ATS DL FMC
29, 2005.
Samuel Slentz, Aerospace Engineer, option enabled. Additionally, one
Kalene C. Yanamura, Systems and Equipment Branch, ANM–
Acting Manager, Transport Airplane
commenter, an operator, contends that if
130S, FAA, Seattle Aircraft Certification airplanes not using ATS DL FMC are
Directorate, Aircraft Certification Service. Office, 1601 Lind Avenue, SW., Renton,
[FR Doc. 05–17606 Filed 9–6–05; 8:45 am]
required to upgrade the Pegasus FMC
Washington 98055–4056; telephone software, the operators also will be
BILLING CODE 4910–13–P (425) 917–6483; fax (425) 917–6590. forced to upgrade their older inertial
SUPPLEMENTARY INFORMATION: reference units (IRU) due to differences
DEPARTMENT OF TRANSPORTATION in the magnetic variation models
Examining the Docket
between Pegasus 2003 and the older IRU
Federal Aviation Administration You may examine the AD docket on models. The commenter explains that
the Internet at http://dms.dot.gov or in upgrading the IRU would be a
14 CFR Part 39 person at the Docket Management significant increase in its costs.
Facility office between 9 a.m. and 5 The FAA agrees that the requirement
[Docket No. FAA–2005–20352; Directorate p.m., Monday through Friday, except to replace the OPS and FIDO software
Identifier 2004–NM–214–AD; Amendment
39–14249; AD 2005–18–09]
Federal holidays. The Docket of the existing FMC with Pegasus 2003
Management Facility office (telephone OPS and FIDO software or Pegasus 2004
RIN 2120–AA64 (800) 647–5227) is located on the plaza OPS and FIDO software should apply
level of the Nassif Building at the street only to airplanes operating with an Air
Airworthiness Directives; Boeing address stated in the ADDRESSES section. Traffice Services data link function
Model 757–200 and –300 Series enabled. We have revised paragraph (f)
Airplanes and Model 767 Series Discussion
of this AD to clarify the applicability of
Airplanes The FAA issued a notice of proposed that requirement.
AGENCY: Federal Aviation rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would Requests To Add Service Information
Administration (FAA), Department of
Transportation (DOT). apply to certain Boeing Model 757–200 Several commenters, including the
ACTION: Final rule. and –300 series airplanes and Model manufacturer, note that since the
767 series airplanes. That NPRM was issuance of the NPRM, Boeing has
SUMMARY: The FAA is adopting a new published in the Federal Register on issued new service bulletins that
airworthiness directive (AD) for certain February 15, 2005 (70 FR 7676). That describe replacing the existing
Boeing Model 757–200 and –300 series NPRM proposed to require replacing the operational program software (OPS) and
airplanes and Model 767 series existing operational software of the flight information and data output
airplanes. This AD requires replacing Pegasus flight management computer (FIDO) software of the FMC with
the existing operational software of the (FMC) system with new, improved Pegasus 2005 OPS and FIDO software.
Pegasus flight management computer operational software. Accomplishment of the service bulletins
(FMC) system with new, improved is intended to correct certain problems
Comments
operational software. This AD results that were experienced as a result of the
from reports of ‘‘old’’ or expired air We provided the public the installation of the Pegasus 2003 OPS
traffic control (ATC) clearance messages opportunity to participate in the and FIDO software, and to add other
being displayed on the control display development of this AD. We have improvements on the map displays. The
unit (CDU) of the FMC system during considered the comments that have commenters request that the new
subsequent flights. We are issuing this been received on the NPRM. service bulletins be added to the NPRM

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