60098 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Proposed Rules 

Office of Personnel Management. 

Kay Coles James, 

Director.

Accordingly, OPM is proposing to 

amend part 550 of title 5 of the Code of 

Federal Regulations as follows:

PART 550—PAY ADMINISTRATION 

(GENERAL) 

1. A new subpart F is added to part 

550 to read as follows:

Subpart F—Computation of Pay for 

Biweekly Pay Periods 

Sec. 

550.601 Purpose. 

550.602 Coverage. 

550.603 Definitions. 

550.604 Biweekly pay periods and 

computation of pay. 

550.605 Exceptions. 

550.606 Reporting exceptions to OPM.

Authority: 5 U.S.C. 5504; Pub. L. 108–136, 

117 Stet. 1637.

Subpart F—Computation of Pay for 

Biweekly Pay Periods

§ 550.601 Purpose. 

This subpart provides regulations to 

implement 5 U.S.C. 5504 to compute 

pay on a biweekly pay period basis for 

employees in an agency, as defined in 

§ 550.603.

§ 550.602 Coverage. 

(a) This subpart applies to—

(1) An employee in or under an 

agency, except an employee excluded 

by paragraph (b) of this section; 

(2) The head of an agency; 

(3) The head of a military department, 

as defined in 5 U.S.C. 102; 

(4) A Foreign Service officer; 

(5) A member of the Senior Foreign 

Service; 

(6) A member of the Senior Executive 

Service; or 

(7) A member of the Federal Bureau 

of Investigation and Drug Enforcement 

Administration Senior Executive 

Service. 

(b) This subpart does not apply to—

(1) An employee on the Isthmus of 

Panama in the service of the Panama 

Canal Commission; or 

(2) An employee or individual 

excluded from the definition of 

employee in 5 U.S.C. 5541(2), except 

employees excluded by 5 U.S.C. 

5541(2)(ii), (iii), and (xiv) through (xvii) 

are covered by this subpart.

§ 550.603 Definitions. 

In this subpart—

Agency means an executive agency, as 

defined in 5 U.S.C. 105. 

Employee has the meaning given that 

term in 5 U.S.C. 2105.

§ 550.604 Biweekly pay periods and 

computation of pay. 

Agencies must apply the biweekly 

pay period and computation of pay 

provisions of 5 U.S.C. 5504 for 

employees covered by § 550.602(a).

§ 550.605 Exceptions. 

An agency head or designee may 

deem that an employee excluded from 

coverage under § 550.602(b)(2) is 

covered by 5 U.S.C. 5504 in situations 

where he or she determines that 

continuing to calculate the pay of such 

employees on a monthly or other basis 

would diminish the level of services 

provided to the public by the agency. 

An agency head or designee also may 

deem that otherwise excluded 

employees are covered by 5 U.S.C. 5504 

when he or she determines that 

computing the pay of such employees 

under that provision of law would 

provide cost savings in agency 

operations.

§ 550.606 Reporting exceptions to OPM. 

Each agency must notify OPM in 

writing of any exceptions made under 

§ 550.605.

[FR Doc. 04–22530 Filed 10–6–04; 8:45 am] 

BILLING CODE 6325–39–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19264; Directorate 

Identifier 2004–NM–90–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus Model A319, A320, and 

A321 series airplanes. This proposed 

AD would require modification of 

certain auxiliary power unit (APU) 

alternating current (AC) generators. This 

proposed AD is prompted by a report of 

an explosion in the APU compartment, 

which blew open the compartment 

doors. We are proposing this AD to 

prevent oil vapor leakage from the APU 

AC generator, which, when combined 

with an electric arc at the electrical 

receptacle, could result in a fire or 

explosion in the APU compartment 

during flight.

DATES: We must receive comments on 

this proposed AD by November 22, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide Rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: 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. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Proposed Rules 60099

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19264; Directorate Identifier 

2004–NM–90–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov. 

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov. 

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Airbus Model A319, 

A320, and A321 series airplanes. The 

DGAC advises that, one operator 

reported an explosion in the auxiliary 

power unit (APU) compartment when 

passengers were disembarking, which 

blew open the compartment doors. 

Analysis revealed that, due to vibrations 

in the APU alternating current (AC) 

generators, the retaining bolts of the 

electrical receptacle had loosened, 

causing oil vapor leakage. The DGAC 

also advises that additional reports were 

received of loose retaining bolts found 

during maintenance inspections. Oil 

vapor leakage, combined with an 

electric arc at the electrical receptacle, 

could result in a fire or explosion in the 

APU compartment during flight. 

Relevant Service Information 

We have reviewed Airbus Service 

Bulletin A320–24–1106, dated May 26, 

2003 (for Model A319, A320, and A321 

series airplanes). The service bulletin 

describes procedures for modification of 

certain APU AC generators. The 

modification includes replacing the 

retaining bolts of the electrical 

receptacle with new, improved retaining 

bolts, locking the new bolts with tie 

wire; installing a new nameplate; and 

performing an operational test. The 

service bulletin also specifies modifying 

the APU AC generator, prior or 

concurrently with Airbus Service 

Bulletin A320–24–1082, Revision 01, 

dated March 15, 1996 (for Model A320 

and A321 series airplanes). 

Accomplishing the actions specified in 

the Airbus service information is 

intended to adequately address the 

unsafe condition.

The DGAC mandated the Airbus 

service information and issued French 

airworthiness directive F–2004–019, 

dated February 4, 2004, to ensure the 

continued airworthiness of these 

airplanes in France. 

Service Bulletin A320–24–1106 refers 

to Hamilton Sundstrand Service 

Bulletin 90EGS01AG–24–18, dated 

February 13, 2003, as an additional 

source of service information for 

accomplishment of the modification. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGACs findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require modification of 

certain APU AC generators. The 

proposed AD would require you to use 

the Airbus service information 

described previously to perform these 

actions. 

Costs of Compliance 

This proposed AD would affect about 

537 airplanes of U.S. registry. 

For airplanes listed in Service 

Bulletin A320–24–1106: The proposed 

modification would take about 5 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Required 

parts would be free of charge. Based on 

these figures, the estimated cost of the 

proposed modification for U.S. 

operators is $174,525, or $325 per 

airplane. 

For airplanes listed in Service 

Bulletin A320–24–1082: The concurrent 

modification, if done, would take about 

5 work hours per airplane, at an average 

labor rate of $65 per work hour. 

Required parts would be free of charge. 

Based on these figures, the estimated 

cost of the proposed modification for 

U.S. operators is $174,525, or $325 per 

airplane. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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. 

For the reasons discussed above, I 

certify that the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows:

60100 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Proposed Rules 

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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Airbus: Docket No. FAA–2004–19264; 

Directorate Identifier 2004–NM–90–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by November 22, 2004. 

Affected ADs 

(b) None. 

Applicability: (c) This AD applies to Airbus 

Model A319, A320, and A321 series 

airplanes; certificated in any category; 

equipped with any Hamilton Sundstrand 

Auxiliary Power Unit (APU) alternating 

current (AC) generator having part number 

5906732, 5909006, or 5910047; with up to 

amendment 17 included; on which Airbus 

Modification 32614 has not been done. 

Unsafe Condition 

(d) This AD was prompted by a report of 

an explosion in the APU compartment which 

blew open the compartment doors. We are 

issuing this AD to prevent oil vapor leakage 

from the APU AC generator, which, when 

combined with an electric arc at the electrical 

receptacle, could result in a fire or explosion 

in the APU compartment during flight. 

Compliance: (e) You are responsible for 

having the actions required by this AD 

performed within the compliance times 

specified, unless the actions have already 

been done. 

Modification 

(f) For all airplanes: Within 20 months after 

the effective date of this AD, modify the APU 

AC generator by doing all the actions 

specified in the Accomplishment 

Instructions of Airbus Service Bulletin A320–

24–1106, dated May 26, 2003. Do the actions 

in accordance with the service bulletin. 

Concurrent Actions 

(g) For Model A320 and A321 series 

airplanes: Prior to or concurrently with 

accomplishing the modification required by 

paragraph (f) of this AD, do the modification 

of the APU AC generator specified in Airbus 

Service Bulletin A320–24–1082, Revision 01, 

dated March 15, 1996; by doing all the 

actions specified in the Accomplishment 

Instructions in accordance with the service 

bulletin. Prior accomplishment of the 

modification in accordance with Airbus 

Service Bulletin A320–24–1082, dated 

September 30, 1994, meets the requirements 

of this paragraph. 

Additional Source of Service Information

Note 1: Airbus Service Bulletin A320–24–

1106 refers to Hamilton Sundstrand Service 

Bulletin 90EGS01AG–24–18, dated February 

13, 2003, as an additional source of service 

information for accomplishment of the 

modification required by paragraph (f) of this 

AD.

Part Installation 

(h) As of the effective date of this AD, no 

person may install an APU AC generator 

having a part number listed in the old part 

number column specified in Paragraph 1.L. 

of Airbus Service Bulletin A320–24–1106, 

dated May 26, 2003; on any airplane, unless 

that generator has been modified in 

accordance with paragraphs (f) and (g) of this 

AD, as applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

Transport Airplane Directorate, FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

Related Information 

(j) French airworthiness directive F–2004–

019, dated February 4, 2004, also addresses 

the subject of this AD.

Issued in Renton, Washington, on 

September 30, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–22565 Filed 10–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA 2004–18743; Directorate 

Identifier 2004–CE–23–AD] 

RIN 2120–AA64 

Airworthiness Directives; GARMIN 

International Inc. GTX 33, GTX 33D, 

GTX 330, and GTX 330D Mode S 

Transponders

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2004–10–15, which applies to certain 

GTX 330 and GTX 330D Mode S 

transponders that are installed on 

airplanes. AD 2004–10–15 currently 

requires you to install GTX 330/330D 

Software Upgrade Version 3.03, 3.04, or 

3.05. This proposed AD applies to 

certain GTX 33, GTX 33D, GTX 330, and 

GTX 330D Mode S transponders that are 

installed on airplanes and is the result 

of observations that the GTX 33/33D/

330/330D may detect, from other 

airplanes, the S1 (suppression) 

interrogating pulse below the minimum 

trigger level (MTL) and, in some 

circumstances, not reply. The GTX 33/

33D/330/330D should still reply even if 

it detects S1 interrogating pulses below 

the MTL. Consequently, this proposed 

AD would require you to install GTX 

33/33D/330/330D Software Upgrade 

Version 3.03 or 3.06. Software Upgrade 

Versions 3.03 and 3.06 correct a TAS, 

TCAD, and TCAS I system ‘‘whispershout’’ problem that could potentially 

lead to the aircraft not being visible at 

certain ranges. TCAS II systems are not 

affected. We are issuing this proposed 

AD to prevent interrogating aircraft from 

possibly receiving inaccurate replies 

due to suppression from aircraft 

equipped with the GTX 33/33D/330/

330D Mode S transponders when the 

pulses are below the MTL. The 

inaccurate replies could result in 

reduced vertical separation.

DATES: We must receive any comments 

on this proposed AD by November 15, 

2004.

ADDRESSES: Use one of the following to 

submit comments on this proposed AD: 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this proposed AD, contact 

GARMIN International Inc. 1200 East 

151st Street, Olathe, KS 66062; 

telephone: 913–397–8200. 

To view the comments to this 

proposed AD, go to http://dms.dot.gov.

This is docket number FAA 2004–

18743.

FOR FURTHER INFORMATION CONTACT:

Roger A. Souter, FAA, Wichita Aircraft 

Certification Office (ACO), 1801 Airport 

Road, Room 100, Wichita, Kansas 

67209; telephone: 316–946–4134; 

facsimile: 316–946–4107; email address: 

roger.souter@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

How do I comment on this proposed 

AD? We invite you to submit any