Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64871

(3) For airplanes subject to Part C of the 

service bulletin as specified in paragraph 

1.C., ‘‘Effectivity,’’ of the service bulletin: 

Within 5 months after the effective date of 

this AD, replace, with new parts, the nut, 

washer, and cotter pin on the forward side 

of each MLG side-brace fitting shaft. Do these 

actions in accordance with Part C of the 

Accomplishment Instructions of the service 

bulletin.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Actions Done Previously 

(h) Actions done before the effective date 

of this AD in accordance with Bombardier 

Alert Service Bulletin A604–32–018, dated 

October 23, 2001, are acceptable for 

compliance with the corresponding actions 

required by this AD, provided that the 

additional actions specified in Part C of the 

Accomplishment Instructions of Bombardier 

ASB A604–32–018, Revision 01, dated 

February 22, 2002, are done, as applicable. 

No Reporting Requirement 

(i) Although the service bulletin referenced 

in this AD specifies reporting certain 

information and returning removed parts to 

Bombardier, this AD does not require these 

actions. 

Alternative Methods of Compliance 

(j) In accordance with 14 CFR 39.19, the 

Manager, New York ACO, is authorized to 

approve alternative methods of compliance 

for this AD.

Note 2: The subject of this AD is addressed 

in Canadian airworthiness directive CF–

2002–43, dated September 30, 2002.

Issued in Renton, Washington, on 

November 1, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24937 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19560; Directorate 

Identifier 2004–NM–121–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 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 all 

Airbus Model A310 series airplanes. 

This proposed AD would require 

modifying the wire routing of electrical 

harness 636VB in the right-hand wing. 

This proposed AD is prompted by the 

manufacturer’s analysis for compliance 

with Special Federal Aviation 

Regulation No. 88, which has shown 

that wiring 2M of the 115V anticollision white strobe lights and wiring 

2S of the fuel quantity indication system 

(FQIS) should be rerouted into separate 

conduits. We are proposing this AD to 

prevent chafing damage to wiring 2M 

and 2S, which could result in a short 

circuit and consequently introduce an 

electrical current into the wiring of the 

FQIS and create an ignition source in 

the fuel tank.

DATES: We must receive comments on 

this proposed AD by December 9, 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 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.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Tim Backman, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2797; 

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 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19560; Directorate Identifier 

2004–NM–121–AD’’ at the beginning 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 our docket 

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 the 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.

64872 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 

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 

We have examined the underlying 

safety issues involved in recent fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’ (67 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

single failures, single failures in 

combination with another latent 

condition(s), and in-service failure 

experience. For all four criteria, the 

evaluations included consideration of 

previous actions taken that may mitigate 

the need for further action. 

The Joint Aviation Authorities (JAA) 

has issued a regulation that is similar to 

SFAR 88. (The JAA is an associated 

body of the European Civil Aviation 

Conference (ECAC) representing the 

civil aviation regulatory authorities of a 

number of European States who have 

agreed to co-operate in developing and 

implementing common safety regulatory 

standards and procedures.) Under this 

regulation, the JAA stated that all 

members of the ECAC that hold type 

certificates for transport category 

airplanes are required to conduct a 

design review against explosion risks. 

We have determined that the actions 

identified in this proposed AD are 

necessary to reduce the potential of 

ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

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 all Airbus Model A310 series 

airplanes. The DGAC advises that the 

manufacturer’s analysis for compliance 

with SFAR 88 has shown that wiring 

2M of the 115V anti-collision white 

strobe lights and wiring 2S of the fuel 

quantity indication system (FQIS) 

should be rerouted into separate 

conduits. The existing routing of wiring 

2M and 2S through the same conduit 

could cause chafing damage to wiring 

2M and 2S. This condition, if not 

corrected, could result in a short circuit 

and consequently introduce an 

electrical current into the wiring of the 

FQIS and create an ignition source in 

the fuel tank. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A310–28–2140, Revision 04, dated 

March 31, 2004. The service bulletin 

describes procedures for modifying the 

wire routing of electrical harness 636VB 

in the right-hand wing. Modification of 

the wire routing includes: 

• Removing certain components at 

the right-hand wing; 

• Checking cable harnesses for 

damage and, if necessary, replacing any 

damaged wires; 

• Installing a bracket; 

• Rerouting of wiring 2M and 2S 

through separate conduits; 

• Installing the conduits of wiring 2M 

and 2S and the wires to 2212VC and to 

the pylon; 

• Rerouting the wires to 2212VC and 

to the pylon; installing the conduit with 

the wires to 2212VC and to the pylon; 

and 

• Testing.

The DGAC mandated the service 

information and issued French 

airworthiness directive F–2004–005, 

dated January 7, 2004, to ensure the 

continued airworthiness of these 

airplanes in France.

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in France and are type certificated for 

operation in the United States under the 

provisions of § 21.29 of the Federal 

Aviation Regulations (14 CFR 21.29) 

and the applicable bilateral 

airworthiness agreement. According to 

this bilateral airworthiness agreement, 

the DGAC has kept the FAA informed 

of the situation described above. We 

have examined the DGAC’s findings, 

evaluated all pertinent information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require modifying the 

wire routing of electrical harness 636VB 

in the right-hand wing. The proposed 

AD would require you to use the service 

information described previously to 

perform these actions, except as 

discussed under ‘‘Differences Between 

the Proposed AD and French 

Airworthiness Directive.’’

Difference Between the Proposed AD 

and French Airworthiness Directive 

The applicability of French 

airworthiness directive F–2004–005 

excludes airplanes that accomplished 

Airbus Service Bulletin A310–38–2140 

in service. However, we have not 

excluded those airplanes in the 

applicability of this proposed AD; 

rather, this proposed AD includes a 

requirement to accomplish the actions 

specified in that service bulletin. Such 

a requirement would ensure that the 

actions specified in the service bulletin 

and required by this proposed AD are 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64873

accomplished on all affected airplanes. 

Operators must continue to operate the 

airplane in the configuration required 

by this proposed AD unless an 

alternative method of compliance is 

approved. 

Costs of Compliance 

This proposed AD would affect about 

51 airplanes of U.S. registry. The 

proposed actions would take about 34 

work hours per airplane, at an average 

labor rate of $65 per work hour. 

Required parts would cost about $356 

per airplane. Based on these figures, the 

estimated cost of the proposed AD for 

U.S. operators is $130,866 or $2,566 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:

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–2004–19560; 

Directorate Identifier 2004–NM–121–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 9, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A310–203, –204, –221, –222, –304, –322, 

–324, and –325 series airplanes, certificated 

in any category. 

Unsafe Condition 

(d) This AD was prompted by the 

manufacturer’s analysis for compliance with 

Special Federal Aviation Regulation No. 88, 

which has shown that wiring 2M of the 115V 

anti-collision white strobe lights and wiring 

2S of the fuel quantity indication system 

(FQIS) should be rerouted into separate 

conduits. We are issuing this AD to prevent 

chafing damage to wiring 2M and 2S, which 

could result in a short circuit and 

consequently introduce an electrical current 

into the wiring of the FQIS and create an 

ignition source in the fuel tank. 

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 72 months after the effective 

date of this AD, modify the routing of 

electrical harness 636VB in the right-hand 

wing by accomplishing all of the actions in 

the Accomplishment Instructions of Airbus 

Service Bulletin A310–28–2140, Revision 04, 

dated March 31, 2004. 

Credit for Previously Accomplished Service 

Bulletins 

(g) Modification of the routing of electrical 

harness 636VB accomplished before the 

effective date of this AD in accordance with 

Airbus Service Bulletin A310–28–2140, 

Revision 02, dated May 24, 2002; or Revision 

03, dated November 21, 2002; is acceptable 

for compliance with the requirements of 

paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) 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 

(i) French airworthiness directive F–2004–

005, dated January 7, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24938 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AC16 

Distribution of ‘‘Risk Disclosure 

Statement’’ by Futures Commission 

Merchants and Introducing Brokers

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Proposed rule.

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is proposing to amend Rule 

1.55 to provide that non-institutional 

customers may indicate with a single 

signature, in addition to the 

acknowledgment of receipt of various 

disclosures and the making of certain 

elections, the consent referenced in 

Rules 155.3(b)(2) and 155.4(b)(2) 

concerning customer permission for 

futures commission merchants 

(‘‘FCMs’’) and introducing brokers 

(‘‘IBs’’) to take the opposite side of an 

order.

DATES: Comments must be received by 

December 9, 2004.

ADDRESSES: You may submit comments, 

identified by RIN 3038–AC16, by any of 

the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: secretary@cftc.gov. Include 

‘‘Proposed Amendments to Rule 1.55’’

in the subject line of the message. 

• Fax: (202) 418–5521. 

• Mail: Send to Jean A. Webb, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington DC 20581. 

• Courier: See above. 

Instructions: All comments received 

will be posted without change to

http://www.cftc.gov, including any 

personal information provided.

FOR FURTHER INFORMATION CONTACT:

Lawrence B. Patent, Deputy Director, or 

Susan A. Elliott, Special Counsel, 

Compliance and Registration Section, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission. Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC