67050 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

Alternative Methods of Compliance 

(d) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Seattle 

ACO. Operators shall submit their requests 

through an appropriate FAA Principal 

Maintenance Inspector, who may add 

comments and then send it to the Manager, 

Seattle ACO.

Note 3: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Seattle ACO.

Special Flight Permits 

(e) Special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the airplane to a 

location where the requirements of this AD 

can be accomplished. 

Incorporation by Reference 

(f) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Special Attention Service Bulletin 

757–24–0089, Revision 1, dated February 27, 

2003; or Boeing Special Attention Service 

Bulletin 757–24–0090, Revision 1, dated 

February 27, 2003. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Boeing Commercial Airplane 

Group, P.O. Box 3707, Seattle, Washington 

98124–2207. 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.

Effective Date 

(g) This amendment becomes effective on 

December 21, 2004.

Issued in Renton, Washington, on 

November 3, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–25189 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–277–AD; Amendment 

39–13868; AD 2004–23–13] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A330, A340–200, and A340–300 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD); 

applicable to certain Airbus Model 

A330, A340–200, and A340–300 series 

airplanes; that requires inspecting the 

ram air turbine (RAT) actuator to 

determine its serial number; and reidentifying the RAT actuator, inspecting 

the RAT actuator to determine whether 

the rotary solenoids are in the correct 

position, and replacing the RAT 

actuator, as applicable. This action is 

necessary to prevent failure of the RAT 

actuator to deploy when necessary 

during flight, which could result in 

reduced controllability of the airplane. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective December 21, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

21, 2004.

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: Gary 

Lium, Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1112; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain Airbus 

Model A330, A340–200, and A340–300 

series airplanes was published in the 

Federal Register on April 1, 2004 (69 FR 

17109). That action proposed to require 

inspecting the ram air turbine actuator 

(RAT) to determine its serial number; 

and re-identifying the RAT actuator, 

inspecting the RAT actuator to 

determine whether the rotary solenoids 

are in the correct position, and replacing 

the RAT actuator, as applicable. 

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 from a single 

commenter. 

Request To Expand Applicability To 

Include Additional Models 

The commenter, the airplane 

manufacturer, notes that French 

airworthiness directive 2002–422(B) R1, 

dated January 22, 2003, applies to 

Airbus Model A330–201, –202, –203, 

–223, –243, –301, –321, –322, –323, 

–341, –342, and –343 airplanes, 

equipped with certain RAT modules. 

The commenter notes that the French 

airworthiness directive will have to be 

revised to apply to Airbus Model A330–

302 and –303 airplanes when those 

airplanes are certificated. 

We infer that the commenter is 

requesting that we revise the proposed 

AD to include the additional models. 

We do not concur. Airbus Model A330–

302 and –303 airplanes are not 

certificated in the United States as of the 

preparation of this final rule. If these 

models are certificated in the United 

States in the future, we may consider 

rulemaking to require actions similar to 

those required by this AD on those 

airplanes, if necessary. We have made 

no change to this AD. 

Request To Revise Compliance Time 

The commenter notes that the 

proposed AD differs from French 

airworthiness directives 2002–422(B) R1 

and 2002–423(B) R1, both dated January 

22, 2003, in the compliance time for the 

one-time inspection to determine if the 

rotary solenoids are in the correct 

position. We infer that the commenter is 

referring to the fact that French 

airworthiness directives 2002–422(B) R1 

and 2002–423(B) R1 require that this 

inspection be done ‘‘not later than 

August 31, 2004,’’ while the proposed 

AD specifies a compliance of 24 months 

after the effective date of the AD for the 

same action. 

We infer that the commenter is 

requesting that we revise the 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67051

compliance time to correspond to the 

compliance time in the French 

airworthiness directives for the 

inspection to determine if the rotary 

solenoids are in the correct position. We 

do not concur that a change is 

necessary. We express compliance times 

based on calendar dates (e.g., ‘‘before 

January 1, 1993’’) only when 

engineering analysis establishes a direct 

relationship between the date and the 

compliance time. In this case, no direct 

relationship exists. We note that 

paragraph 3., ‘‘Compliance’’ of the 

French airworthiness directives states 

that ‘‘the following measures are 

rendered mandatory from the effective 

date of this AD at original issue.’’ The 

compliance time for the subject 

inspection in the French airworthiness 

directives, August 31, 2004, corresponds 

to 24 months after the effective date of 

the original issue of the French 

airworthiness directives (August 31, 

2002). Thus, the compliance time of 24 

months after the effective date of this 

AD for the inspection to determine 

whether the rotary solenoids are in the 

correct position, as stated in paragraph 

(c) of this AD, is consistent with the 

compliance time specified in the French 

airworthiness directives. We have made 

no change to this AD. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, we have determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

We estimate that 9 Model A330 series 

airplanes of U.S. registry will be affected 

by this AD, that it will take 

approximately 4 work hours per 

airplane to accomplish the required 

inspection, and that the average labor 

rate is $65 per work hour. Based on 

these figures, the cost impact of this AD 

on U.S. operators is estimated to be 

$2,340, or $260 per airplane. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD action, 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. 

Currently, there are no affected Model 

A340–200 or –300 airplanes on the U.S. 

Register. However, if an affected 

airplane is imported and placed on the 

U.S. Register in the future, it will be 

subject to the same costs stated above 

for the Model A330 series airplanes.

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 adding 

the following new airworthiness 

directive:

2004–23–13 Airbus: Amendment 39–13868. 

Docket 2003–NM–277–AD.

Applicability: Model A330, A340–200, and 

340–300 series airplanes; certificated in any 

category; equipped with a ram air turbine 

(RAT) module, Model ERPS06M, having part 

number (P/N) 766351, 768084, 770379, 

770952, or 770952A; and containing RAT 

actuator P/N 5911905, 5911326, or 5913234. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the RAT actuator to 

deploy when necessary during flight, which 

could result in reduced controllability of the 

airplane, accomplish the following: 

Service Bulletin Reference 

(a) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the service bulletins listed in 

paragraphs (a)(1) and (a)(2) of this AD. 

Although these service bulletins specify 

returning removed actuators to LiebherrAerospace for inspection, this AD does not 

require this action. 

(1) For Model A330 series airplanes: 

Airbus Service Bulletin A330–29–3083, 

dated August 6, 2002. 

(2) For Model A340–200 and –300 series 

airplanes: Airbus Service Bulletin A340–29–

4064, Revision 01, dated August 8, 2002.

Note 1: The service bulletins refer to 

Hamilton Sundstrand Service Bulletin 

ERPS06M–29–16, dated July 18, 2002; and 

Liebherr-Aerospace Service Bulletin 1560A–

29–03, dated July 8, 2002; as additional 

sources of service information for identifying 

and inspecting subject RAT actuators, 

determining whether inspection findings are 

within acceptable limits, and re-identifying 

actuators if necessary. Although the LiebherrAerospace service bulletin specifies 

completing and returning a sheet recording 

compliance with that service bulletin and 

returning removed actuators for inspection, 

this AD does not require these actions.

Serial Number Inspection 

(b) Within 24 months after the effective 

date of this AD, inspect the RAT actuator to 

determine its serial number (S/N), per the 

applicable service bulletin. If the RAT 

actuator has a S/N greater than 1286, reidentify the RAT actuator, per the applicable 

service bulletin. 

Inspection To Determine Position of Rotary 

Solenoids 

(c) If the RAT actuator has a S/N less than 

or equal to 1286: Within 24 months after the 

effective date of this AD, perform a one-time 

detailed inspection of the RAT actuator to 

determine whether the rotary solenoids are in 

the correct position, per the applicable 

service bulletin. 

(1) If the position of the rotary solenoids 

is within the limits specified in the 

applicable service bulletin: Before further 

flight, re-identify the RAT actuator, per the 

applicable service bulletin. 

(2) If the position of the rotary solenoids 

is outside the limits specified in the 

applicable service bulletin: Before further 

flight, replace the RAT actuator with a new 

or serviceable actuator, per the applicable 

service bulletin.

Note 2: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as mirror, 

67052 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

Parts Installation 

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

person may install, on any airplane, a RAT 

actuator having P/N 5911905, 5911326, or 

5913234, unless the actions required by this 

AD are accomplished. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(f) The actions shall be done in accordance 

with Airbus Service Bulletin A330–29–3083, 

dated August 6, 2002; or Airbus Service 

Bulletin A340–29–4064, Revision 01, dated 

August 8, 2002, as applicable. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

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

part 51. 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 3: The subject of this AD is addressed 

in French airworthiness directives 2002–

422(B) R1 and 2002–423(B) R1, both dated 

January 22, 2003.

Effective Date 

(g) This amendment becomes effective on 

December 21, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25035 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19333; Airspace 

Docket No. 04–ACE–62] 

Modification of Class E Airspace; 

Warrensburg, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments; correction. 

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Friday, October 29, 2004, (69 FR 

63063) (FR Doc. 04–24260). It corrects 

an error in the legal description of the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Warrensburg, MO.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone (816) 

329–2524.

SUPPLEMENTARY INFORMATION:

History 

Federal Register document 04–24260, 

published on Friday, October 29, 2004, 

(69 FR 63063) modified the Class E 

airspace area extending upward from 

700 feet above the surface at 

Warrensburg, MO. The modification 

corrected a discrepancy in the Skyhaven 

Airport airport reference point used in 

the legal description, enlarged the 

airspace dimensions to protect for 

diverse departures, deleted an extension 

to the airspace area and brought the 

legal description of the Warrensburg, 

MO Class E airspace area into 

compliance with FAA Orders 7400.2E, 

Procedures for Handling Airspace 

Matters, and 8260.19C, Flight 

Procedures and Airspace. However, 

expansion of the Warrensburg, MO 

Class E airspace area created an 

overlapping of the Knob Noster, MO 

Class D airspace area. No provision was 

made in the Warrensburg, MO Class E 

airspace area legal description for this 

situation. 

Accordingly, pursuant to the 

authority delegated to me, the legal 

description of the Class E airspace area 

extending upward from 700 feet above 

the surface at Warrensburg, MO, as 

published in the Federal Register on 

Friday, October 29, 2004, (69 FR 63063) 

(FR Doc. 04–24260) is corrected as 

follows:

§ 71.1 [Corrected]

■ On page 63064, Column 1, under the 

heading ‘‘ACE MO E5 Warrensburg, 

MO’’, correct the last line to read ‘‘of 

Skyhaven Airport; excluding that 

airspace within the Knob Noster, MO 

Class D airspace area.’’

Issued in Kansas City, MO, on November 

3, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–25417 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19575; Airspace 

Docket No. 04–ACE–65] 

Modification of Class E Airspace; 

Lexington, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR part 71) by revising Class E 

airspace at Lexington, MO. A review of 

controlled airspace for Lexington 

Municipal Airport revealed it does not 

comply with the criteria for 700 feet 

above ground level (AGL) airspace 

required for diverse departures. The 

area is modified and enlarged to 

conform to the criteria in FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, March 17, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–19575/

Airspace Docket No. 04–ACE–65, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Lexington, MO. An examination of 

controlled airspace for Lexington 

Municipal Airport revealed it does not 

meet the criteria for 700 feet AGL 

airspace required for diverse departures