63962 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 

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:

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–2004–19494;

Directorate Identifier 2004–NM–135–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 3, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A318–

111 and –112 series airplanes; Model A319–

111, –112, –113, –114, –115, –131, –132, and 

–133 series airplanes; Model A320–111, 

–211, –212, –214, –231, –232, and –233 series 

airplanes; and Model A321–111, –112, –131, 

–211, and –231 series airplanes; certificated 

in any category; equipped with Air Cruisers/

Aerazur forward passenger door emergency 

escape slides, part number (P/N) D31516–

111, –113, –115, –117, –311, or –313, and aft 

passenger door emergency escape slides, part 

number (P/N) D31517–111, –113, –115, –117, 

–311, or –313; except those airplanes on 

which Airbus Modification 33429 has been 

accomplished in production. 

Unsafe Condition 

(d) This AD was prompted by 

manufacturer testing that has shown contact 

between the inflation hose and fabric roll, 

within a short period of time after inflation 

of the emergency escape slides, can rupture 

the inflation hose at its end fittings. We are 

issuing this AD to prevent interference 

between the inflation hose and slide fabric 

and rupture of the inflation hose, which 

could result in incomplete inflation of the 

emergency escape slides and consequent 

unavailability of those slides during an 

emergency evacuation. 

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) Within 37 months after the effective 

date of this AD, modify the forward and aft 

door slides, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1338, dated 

February 9, 2004.

Note 1: Airbus Service Bulletin A320–25–

1338, dated February 9, 2004, refers to Air 

Cruisers/Aerazur Service Bulletin A320 004–

25–72, dated October 28, 2003, as an 

additional source of service information for 

modifying the forward and aft door slides.

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, International Branch, 

ANM–116, 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 

(h) French airworthiness directive F–2004–

072, dated May 26, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on October 

20, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24534 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–04–AD] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a 

notice of proposed rulemaking (NPRM) 

that proposed a new airworthiness 

directive (AD), applicable to certain 

EMBRAER Model EMB–135 and –145 

series airplanes. That action would have 

required a one-time inspection of the 

trailing arm cardan of each main 

landing gear (MLG) to identify a certain 

part number; a one-time inspection of 

certain trailing arm cardans to detect 

cracking, if necessary; and replacement 

of incorrect trailing arm cardans with 

cardans having a certain part number. 

Since the issuance of the NPRM, the 

Federal Aviation Administration (FAA) 

has received new substantiating data 

from the manufacturer that verify that 

all affected airplanes in the worldwide 

and domestic fleets are in compliance 

with the proposed requirements of the 

NPRM, and all affected spare parts have 

been returned to the manufacturer and 

destroyed. Accordingly, the proposed 

rule is withdrawn.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–1175; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

add a new airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–135 and –145 series airplanes, was 

published in the Federal Register as a 

Notice of Proposed Rulemaking (NPRM) 

on March 17, 2003 (68 FR 12615). The 

proposed rule would have required a 

one-time inspection of the trailing arm 

cardan of each main landing gear (MLG) 

to identify a certain part number; a onetime inspection of certain trailing arm 

cardans to detect cracking, if necessary; 

and replacement of incorrect trailing 

arm cardans with cardans having a 

certain part number. That action was 

prompted by notification from the 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 63963

Departmento de Aviacao Civil (DAC), 

which is the airworthiness authority for 

Brazil, of an unsafe condition. The DAC 

advised that during a sampling program, 

fatigue cracks were found on certain 

trailing arm cardans of the MLGs. The 

proposed actions were intended to 

ensure that correct trailing arm cardans 

of the MLGs were installed. 

Actions That Occurred Since the NPRM 

Was Issued 

Since the issuance of that NPRM, the 

manufacturer has requested that the 

NPRM be withdrawn. The manufacturer 

has provided data that substantiate that 

all affected airplanes in the worldwide 

and domestic fleets are in compliance 

with the proposed requirements of the 

NPRM, and that all affected spare parts 

have been returned to the manufacturer 

and destroyed. 

FAA’s Conclusions 

Upon further consideration, and 

based on comments received in 

response to the proposed AD, we have 

determined that all affected airplanes in 

the worldwide and domestic fleets have 

complied with the requirements of the 

NPRM, and that all affected spare parts 

have been returned to the manufacturer 

and destroyed. Accordingly, the 

proposed rule is hereby withdrawn. 

Withdrawal of this NPRM constitutes 

only such action, and does not preclude 

the agency from issuing another action 

in the future, nor does it commit the 

agency to any course of action in the 

future. 

Regulatory Impact 

Since this action only withdraws a 

notice of proposed rulemaking, it is 

neither a proposed nor a final rule and 

therefore is not covered under Executive 

Order 12866, the Regulatory Flexibility 

Act, or DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979).

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Safety.

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking, Docket 2003–NM–04–AD, 

published in the Federal Register on 

March 17, 2003 (68 FR 12615), is 

withdrawn.

Issued in Renton, Washington, on October 

21, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24539 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19493; Directorate 

Identifier 2004–NM–69–AD] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F 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 Boeing Model 767–200, –300, 

and –300F series airplanes. This 

proposed AD would require replacing 

the inboard fairing seal common to the 

vapor barrier seal of each strut 

assembly. This proposed AD is 

prompted by discovery during 

production that a section of vapor 

barrier seal was missing from the spar 

web cavities of the upper aft struts of 

both wings. We are proposing this AD 

to prevent flammable fluids from 

leaking onto parts of a hot exhaust 

system of a shut-down engine of an 

airplane on the ground, which could 

result in ignition of the flammable fluids 

and an uncontained fire. This could also 

lead to an emergency evacuation of the 

airplane and possible injury to 

passengers.

DATES: We must receive comments on 

this proposed AD by December 20, 

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 Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person 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. 

This docket number is FAA–2004–

19493; the directorate identifier for this 

docket is 2004–NM–69–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Bernie 

Gonzalez, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6498; fax (425) 917–6590. 

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 written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19493; Directorate Identifier 

2004–NM–69–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,