58828 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

Material Incorporated by Reference 

(j) You must use Honeywell Service 

Information Bulletin No. 82, dated September 

14, 2001, to perform the inspections required 

by this AD. The Director of the Federal 

Register approved the incorporation by 

reference of this service bulletin in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. You can get a copy from Honeywell 

Engines & Systems, Technical Publications 

Department, 111 South 34th Street, Phoenix, 

Arizona 85034; telephone (602) 365–5535; 

fax (602) 365–5577. You can review copies at 

FAA, New England Region, Office of the 

Regional Counsel, 12 New England Executive 

Park, Burlington, MA, or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html.

Related Information 

(k) None.

Issued in Burlington, Massachusetts, on 

September 24, 2004. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 04–21911 Filed 9–30–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–254–AD; Amendment 

39–13805; AD 2004–19–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A320 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain Airbus Model 

A320 series airplanes, that currently 

requires modification of the rear spar 

web of the wing, cold expansion of 

certain attachment holes for the forward 

pintle fitting and certain holes at the 

actuating cylinder anchorage of the 

main landing gear (MLG), repetitive 

inspections for fatigue cracking in 

certain areas of the rear spar of the wing, 

and corrective action if necessary. That 

AD also provides for optional 

terminating action for the requirements 

of the AD. This amendment revises 

certain compliance times for the 

inspection. The actions specified by this 

AD are intended to detect and correct 

fatigue cracking, which may lead to 

reduced structural integrity of the wing 

and the MLG. This action is intended to 

address the identified unsafe condition.

DATES: Effective November 5, 2004. 

The incorporation by reference of a 

certain publication, as listed in the 

regulations, is approved by the Director 

of the Federal Register as of November 

5, 2004. 

The incorporation by reference of 

certain other publications, as listed in 

the regulations, was approved 

previously by the Director of the Federal 

Register as of June 30, 2000 (65 FR 

34069, May 26, 2000); February 14, 1994 

(59 FR 1903, January 13, 1994); and June 

11, 1993 (58 FR 27923, May 12, 1993).

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 2000–10–15, 

amendment 39–11739 (65 FR 34069, 

May 26, 2000), which is applicable to 

certain Airbus Model A320 series 

airplanes, was published in the Federal 

Register on February 13, 2004 (69 FR 

7176). The action proposed to retain the 

requirements of AD 2000–10–15 

(modification of the rear spar web of the 

wing, cold expansion of certain 

attachment holes for the forward pintle 

fitting and certain holes at the actuating 

cylinder anchorage of the main landing 

gear (MLG), and repetitive inspections 

for fatigue cracking in certain areas of 

the rear spar of the wing; and corrective 

action if necessary; with optional 

terminating action for those 

requirements). The notice of proposed 

rulemaking (NPRM) proposed to revise 

the threshold and repetitive intervals for 

the inspection. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Support for the Proposed AD 

One commenter supports the AD as 

proposed. 

Request To Revise Certain Compliance 

Time 

One commenter, an airline operator, 

suggests that the grace period (60 days) 

specified in paragraph (c)(1) of the 

proposed AD is overly restrictive. The 

operator requests that the grace period 

be changed to correspond to the next Ccheck (18 months for this operator). 

This recommended grace period would 

provide sufficient time for operators to 

do the optional terminating 

modification specified in the proposed 

AD. The operator reports that the 

modification (which has been done on 

80 percent of its fleet to date) has 

revealed only one cracked fastener hole, 

representing 0.05 percent of all fastener 

holes inspected. The operator asserts 

that its proposed grace period would 

still allow for the safe continued 

airworthiness of the affected airplanes. 

The FAA agrees with the commenter’s 

request and rationale. We agree that the 

proposed 60-day grace period was 

unnecessarily restrictive. The 

commenter’s proposed grace period 

approximates the grace periods 

mandated by the parallel French 

airworthiness directive. We have 

accordingly revised the grace period in 

paragraph (c)(1) of this final rule. 

Additional Change to the Final Rule 

Because the language in Note 2 of the 

proposed AD is regulatory in nature, 

that note has been redesignated as 

paragraph (d) of this final rule. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule with the changes 

previously described. The FAA has 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD.

Cost Impact 

This AD will affect about 126 

airplanes of U.S. registry. The following 

table provides the cost estimates of the 

actions currently required by AD 2000–

10–15:

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58829

COST ESTIMATES

Action Work hours Hourly labor 

rate Parts cost Cost per airplane 

Modification .................................................................................................. 60 $65 $0 $3,900 

Cold expansion ............................................................................................ 600 65 0 39,000 

Inspection ..................................................................................................... 24 65 0 1 1,560 

Optional terminating action .......................................................................... 750 65 2 27,036–32,727 75,786–81,477 

1Per inspection cycle. 

2 Depending on airplane configuration. 

This AD will not add any new actions 

and therefore will not add any economic 

burden on operators—except for the 

additional cost associated with a 

potentially shortened inspection 

interval. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD, and that no 

operator would accomplish those 

actions in the future if this AD were not 

adopted. The cost impact figures 

discussed in AD rulemaking actions 

represent only the time necessary to 

perform the specific actions actually 

required by the AD. These figures 

typically do not include incidental 

costs, such as the time required to gain 

access and close up, planning time, or 

time necessitated by other 

administrative actions. 

Regulatory Impact 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by 

removing amendment 39–11739 (65 FR 

34069, May 26, 2000), and by adding a 

new airworthiness directive (AD), 

amendment 39–13805, to read as 

follows:

2004–19–11 Airbus: Amendment 39–13805. 

Docket 2001–NM–254–AD. Supersedes 

AD 2000–10–15, Amendment 39–11739.

Applicability: Model A320 series airplanes, 

certificated in any category, except those 

modified in accordance with Airbus 

Modification 24591 (Airbus Service Bulletin 

A320–57–1089, dated December 22, 1996; 

Revision 01, dated April 17, 1997; Revision 

02, dated November 6, 1998; or Revision 03, 

dated February 9, 2001). 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct fatigue cracking in 

certain areas of the rear spar of the wing, 

which may lead to reduced structural 

integrity of the wing and the main landing 

gear (MLG), accomplish the following: 

Restatement of Certain Requirements of AD 

2000–10–15 

Modification 

(a) For airplanes having manufacturer’s 

serial numbers (MSN) 003 through 008 

inclusive, and 010 through 021 inclusive: 

Prior to the accumulation of 12,000 total 

flight cycles, or within 500 flight cycles after 

June 11, 1993 (the effective date of AD 93–

08–15, amendment 39–8563), whichever 

occurs later, modify the inner rear spar web 

of the wing in accordance with Airbus 

Service Bulletin A320–57–1004, Revision 1, 

dated September 24, 1992; or Revision 2, 

dated June 14, 1993. 

(b) For airplanes having MSNs 002 through 

051 inclusive: Prior to the accumulation of 

12,000 total flight cycles, or within 2,000 

flight cycles after February 14, 1994 (the 

effective date of AD 93–25–13, amendment 

39–8777), whichever occurs later, 

accomplish the requirements of paragraphs 

(b)(1) and (b)(2) of this AD in accordance 

with Airbus Service Bulletin A320–57–1060, 

dated December 8, 1992; or Revision 2, dated 

December 16, 1994.

(1) Perform a cold expansion of all the 

attachment holes for the forward pintle 

fitting of the MLG, except for the holes that 

are for taper-lok bolts. 

(2) Perform a cold expansion of the holes 

at the actuating cylinder anchorage of the 

MLG.

Note 1: Accomplishment of the cold 

expansion in accordance with Airbus Service 

Bulletin A320–57–1060, Revision 1, dated 

April 26, 1993, is also acceptable for 

compliance with the requirements of 

paragraph (b) of this AD.

New Requirements of This AD 

Ultrasonic Inspection 

(c) Do an ultrasonic inspection for cracking 

of the rear spar of the wing, in accordance 

with Airbus Service Bulletin A320–57–1088, 

Revision 04, dated August 6, 2001. Inspect at 

the applicable time specified in paragraph 

1.E. of the service bulletin, except as required 

by paragraphs (c)(1) and (c)(2) of this AD. 

(1) For any airplane that has not been 

inspected but has exceeded the applicable 

specified compliance time in paragraph 1.E. 

of the service bulletin as of the effective date 

of this AD: Inspect within 18 months after 

the effective date of this AD. 

(2) For any airplane that has been 

inspected before the effective date of this AD: 

Repeat the inspection within 3,600 flight 

cycles after the most recent inspection. 

(d) An inspection done before the effective 

date of this AD in accordance with Airbus 

Service Bulletin A320–57–1088, Revision 02, 

dated July 29, 1999; or Revision 03, dated 

February 9, 2001; is acceptable for 

compliance with the requirements of the 

initial inspection required by paragraph (c) of 

this AD. 

Repetitive Inspections 

(e) Repeat the inspection required by 

paragraph (c) of this AD at intervals not to 

exceed 3,600 flight cycles or 6,700 flight 

hours, whichever occurs first, until the 

requirements of paragraph (g) have been 

done. 

Corrective Action 

(f) If any crack is found during any 

inspection required by paragraph (c) or (e) of 

this AD: Before further flight, repair in 

accordance with a method approved by 

58830 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

either the Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate; or the Direction Ge ́ne ́rale de 

l’Aviation Civile (or its delegated agent). 

Optional Terminating Action 

(g) Modification of all specified fastener 

holes in the rear spar of the wing terminates 

the initial and repetitive inspections required 

by paragraphs (c) and (e) of this AD, if the 

modification is done in accordance with 

Airbus Service Bulletin A320–57–1089, 

Revision 02, dated November 6, 1998; or 

Revision 03, dated February 9, 2001. If done 

before the airplane accumulates 12,000 total 

flight cycles, the modification also terminates 

the actions required by paragraphs (a) and (b) 

of this AD. 

Incorporation by Reference 

(h) Unless otherwise specified in this AD, 

the actions must be done in accordance with 

the service bulletins listed in Table 1 of this 

AD.

TABLE 1.—SERVICE BULLETINS INCORPORATED BY REFERENCE

Service bulletin Revision level Date 

Airbus Service Bulletin A320–57–1004 ................................................... 1 ..................................................... September 24, 1992. 

Airbus Service Bulletin A320–57–1004 ................................................... 2 ..................................................... June 14, 1993. 

Airbus Service Bulletin A320–57–1060 ................................................... Original .......................................... December 8, 1992. 

Airbus Service Bulletin A320–57–1060 ................................................... 2 ..................................................... December 16, 1994.

Airbus Service Bulletin A320–57–1088 ................................................... 04 ................................................... August 6, 2001. 

(1) The incorporation by reference of 

Airbus Service Bulletin A320–57–1088, 

Revision 04, dated August 6, 2001, is 

approved by the Director of the Federal 

Register as of November 5, 2004. 

(2) The incorporation by reference of 

Airbus Service Bulletin A320–57–1004, 

Revision 2, dated June 14, 1993; and Airbus 

Service Bulletin A320–57–1060, Revision 2, 

dated December 16, 1994; was approved 

previously by the Director of the Federal 

Register as of June 30, 2000 (65 FR 34069, 

May 26, 2000). 

(3) The incorporation by reference of 

Airbus Service Bulletin A320–57–1060, 

dated December 8, 1992, was approved 

previously by the Director of the Federal 

Register as of February 14, 1994 (59 FR 1903, 

January 13, 1994). 

(4) The incorporation by reference of 

Airbus Service Bulletin A320–57–1004, 

Revision 1, dated September 24, 1992, was 

approved previously by the Director of the 

Federal Register as of June 11, 1993 (58 FR 

27923, May 12, 1993). 

(5) Copies may be obtained from Airbus, 1 

Rond Point Maurice Bellonte, 31707 Blagnac 

Cedex, France. Copies may be inspected at 

the FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Note 2: The subject of this AD is addressed 

in French airworthiness directive 2001–

249(B), dated June 27, 2001.

Effective Date 

(i) This amendment becomes effective on 

November 5, 2004.

Issued in Renton, Washington, on 

September 21, 2004. 

Kalene C. Yanamura, 

Transport Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–21816 Filed 9–30–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 914 

[Docket No. IN–154–FOR] 

Indiana Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are approving an amendment to 

the Indiana regulatory program (Indiana 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Indiana proposed 

revisions to and additions of rules 

pertaining to blasting schedules and 

blaster certification. Indiana submitted 

the amendment at its own initiative and 

intends to revise its program to improve 

operational efficiency.

EFFECTIVE DATE: October 1, 2004.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Chief, Alton Field 

Division. Telephone: (317) 226–6700. Email: IFOMAIL@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations

I. Background on the Indiana Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Indiana 

program effective July 29, 1982. You can 

find background information on the 

Indiana program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval, in the July 26, 1982, Federal 

Register (47 FR 32071). You can also 

find later actions concerning the Indiana 

program and program amendments at 30 

CFR 914.10, 914.15, 914.16, and 914.17. 

II. Submission of the Amendment 

By letter dated June 2, 2004 

(Administrative Record No. IND–1727), 

Indiana sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Indiana sent the amendment at 

its own initiative. Indiana proposed 

revisions to and additions of rules 

pertaining to blasting schedules and 

blaster certification. Indiana intends to 

revise its program to improve 

operational efficiency. 

We announced receipt of the 

proposed amendment in the July 19, 

2004, Federal Register (69 FR 42937). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a public 

hearing or meeting because no one 

requested one. The public comment 

period ended on August 18, 2004. We 

received comments from one Federal 

agency. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at