5926 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 

Supplemental Type Certificate (STC) 

SA2969SO; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct cracking of the lower 

portion of the main deck cargo door frames, 

which could result in sudden 

depressurization, loss or opening of the main 

deck cargo door during flight, and loss of 

control of the airplane; accomplish the 

following: 

Actions Addressing Door Frames or 

Reinforcing Angles That Have Been 

Replaced 

(a) For airplanes on which any door frame 

or reinforcing angle at the location where the 

door latch fittings attach between fuselage 

station (FS) 361.86 and FS 498.12 and water 

line (WL) 202.35 and WL 213.00 has been 

replaced before the effective date of this AD: 

Do the actions specified in paragraphs (a)(1) 

and (a)(2) of this AD per the Accomplishment 

Instructions of Pemco Service Bulletin 737–

52–0037, Revision 2, dated September 13, 

2000, including Attachment 1, dated August 

10, 2000. 

(1) Within 3,000 flight cycles after 

accomplishment of the replacement, do a 

high frequency eddy current (HFEC) 

inspection to detect cracks of the replaced 

lower frames or replaced reinforcing angles 

of the main deck cargo door, as applicable. 

(i) If no crack is detected, repeat the HFEC 

inspection thereafter at intervals of 1,300 

flight cycles on the replaced part. 

(ii) If any crack is detected, before further 

flight, replace the cracked part with a new 

part having the same part number per the 

service bulletin. Within 3,000 flight cycles 

after accomplishment of the replacement, do 

the HFEC inspection required by paragraph 

(a)(1) of this AD. 

(2) Before or upon the accumulation of 

7,000 total flight cycles on any lower frame 

or reinforcing angle of the main deck cargo 

door, replace the lower frame or reinforcing 

angle, as applicable, with new parts. Within 

3,000 flight cycles after accomplishment of 

the replacement, do the HFEC inspection 

required by paragraph (a)(1) of this AD. 

Actions Addressing Door Frames or 

Reinforcing Angles That Have Not Been 

Replaced 

(b) For airplanes on which any door frame 

or reinforcing angle at the location where the 

door latch fittings attach between FS 361.86 

and FS 498.12 and WL 202.35 and WL 213.00 

has not been replaced before the effective 

date of this AD: Within 1,300 flight cycles 

after accomplishment of the HFEC inspection 

required by AD 2000–17–51, amendment 39–

11877, do the action specified in either 

paragraph (b)(1) or (b)(2) of this AD, as 

applicable, per the Accomplishment 

Instructions of Pemco Service Bulletin 737–

52–0037, Revision 2, dated September 13, 

2000, including Attachment 1, dated August 

10, 2000. 

(1) For airplanes that have accumulated 

less than 7,000 total flight cycles since 

installation of STC SA2969SO: Do an HFEC 

inspection to detect cracks of the lower 

frames and reinforcing angles of the main 

deck cargo door where the door latch fittings 

attach between FS 361.86 and FS 498.12 and 

WL 202.35 and WL 213.00. 

(i) If no crack is detected, do the actions 

specified in paragraphs (b)(1)(i)(A) and 

(b)(1)(i)(B) of this AD. 

(A) Repeat the HFEC inspection thereafter 

at intervals of 1,300 flight cycles on the 

airplane, but not to exceed the accumulation 

of 7,000 total flight cycles on the airplane. 

(B) Before the accumulation of 7,000 total 

flight cycles on the airplane, replace the 

lower frame and reinforcing angle with new 

parts per the service bulletin. Within 3,000 

flight cycles after accomplishment of the 

replacement, do the HFEC inspection 

required by paragraph (a)(1) of this AD. 

(ii) If any crack is detected, before further 

flight, replace the cracked part with a new 

part having the same part number per the 

service bulletin. Within 3,000 flight cycles 

after accomplishment of the replacement, do 

the HFEC inspection required by paragraph 

(a)(1) of this AD. 

(2) For airplanes that have accumulated 

7,000 or more total flight cycles since 

installation of STC SA2969SO: Replace the 

lower frames and reinforcing angles with 

new parts. Within 3,000 flight cycles after 

accomplishment of the replacement, do the 

HFEC inspection required by paragraph (a)(1) 

of this AD. 

Alternative Methods of Compliance 

(c)(1) In accordance with 14 CFR 39.19, the 

Manager, Atlanta Aircraft Certification Office 

(ACO), FAA, is authorized to approve 

alternative methods of compliance (AMOCs) 

for this AD. 

(2) Alternative methods of compliance, 

approved previously in accordance with AD 

2000–17–51, amendment 39–11877, are 

approved as alternative methods of 

compliance with the initial HFEC inspection 

required by paragraph (a)(1) of this AD. 

Incorporation by Reference 

(d) The actions shall be done in accordance 

with Pemco Service Bulletin 737–52–0037, 

Revision 2, dated September 13, 2000, 

including Attachment 1, dated August 10, 

2000. This incorporation by reference was 

approved previously by the Director of the 

Federal Register as of May 29, 2001 (66 FR 

20380, April 23, 2001). Copies may be 

obtained from Pemco World Air Services, 

100 Pemco Drive, Dothan, AL 36303. Copies 

may be inspected at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington; or at the FAA, 

Atlanta Aircraft Certification Office, One 

Crown Center, 1895 Phoenix Boulevard, 

Suite 450, Atlanta, Georgia; or at the Office 

of the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC. 

Effective Date 

(e) This amendment becomes effective on 

February 24, 2004.

Issued in Renton, Washington, on January 

30, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2575 Filed 2–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–303–AD; Amendment 

39–13454; AD 2004–03–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B4–600, B4–600R, and F4–600R 

(Collectively Called A300–600) Series 

Airplanes; and Model A310 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to all Airbus Model A300 

B4–600, B4–600R, and F4–600R 

(collectively called A300–600) series 

airplanes; and Model A310 series 

airplanes. This AD requires revising the 

Airplane Flight Manual (AFM) to 

provide the flight crew with procedures 

to maintain controllability of the 

airplane in the event of an in-flight 

deployment of the thrust reverser. This 

action is necessary to ensure that the 

flight crew is advised of the potential 

hazard associated with an in-flight 

deployment of the thrust reverser, and 

the procedures necessary to address it. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective March 15, 2004.

ADDRESSES: Information pertaining to 

this amendment may be examined at the 

Federal Aviation Administration (FAA), 

Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT: 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.

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 all Airbus Model 

A300 B4–600, B4–600R, and F4–600R 

(collectively called A300–600) series 

airplanes; and Model A310 series 

airplanes; was published in the Federal 

Register on August 9, 2002 (67 FR 

51787). That action proposed to require 

revising the Airplane Flight Manual 

(AFM) to provide the flight crew with 

procedures to maintain controllability of 

the airplane in the event of an in-flight 

deployment of the thrust reverser. 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 5927

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

single comment received. 

Request To Clarify What AFM Section 

Must Be Revised 

One commenter requests that the FAA 

clarify what section of the AFM must be 

revised. The commenter notes that the 

‘‘Explanation of Requirements of 

Proposed Rule’’ section of the Notice of 

Proposed Rulemaking (NPRM) states, 

‘‘the proposed AD would require 

revising the Limitations and Procedures 

section of the AFM.’’ The commenter 

notes that the body of the AD does not 

specify to revise the Limitations section 

of the AFM. 

We agree that the reference in the 

‘‘Explanation of Requirements of 

Proposed Rule’’ section of the NPRM is 

incorrect. That section is not restated in 

this final rule; thus, no change is 

necessary in this regard. 

Explanation of Change to Final Rule 

We recognize that the provisions of 

the AFM revision required by this AD 

may already have been incorporated 

into the AFM of affected airplanes 

through a general revision of the AFM. 

Thus, we have added a new Note 1 to 

this final rule (and reidentified 

subsequent notes accordingly) to state 

that, when a ‘‘ENG REV UNLK’’

procedure identical to that in paragraph 

(a) of this AD has been included in the 

general revisions of the AFM, inserting 

the general revisions into the AFM is 

acceptable for compliance with this AD. 

Conclusion 

After careful review of the available 

data, including the comment noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule with the change 

described previously. The FAA has 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Changes to 14 CFR Part 39/Effect on the 

AD 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s airworthiness directives system. 

The regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. However, for clarity and 

consistency in this final rule, we have 

retained the language of the NPRM 

regarding that material. 

Explanation of Change to Cost Impact 

After the proposed AD was issued, we 

reviewed the figures we use to calculate 

the labor rate to do the required actions. 

To account for various inflationary costs 

in the airline industry, we find it 

appropriate to increase the labor rate 

used in these calculations from $60 per 

work hour to $65 per work hour. The 

economic impact information, below, 

has been revised to reflect this increase 

in the specified hourly labor rate. 

Cost Impact 

The FAA estimates that 128 airplanes 

of U.S. registry will be affected by this 

AD, that it will take approximately 1 

work hour per airplane to accomplish 

the proposed AFM revision, 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 $8,320, or $65 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. 

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, 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:

2004–03–10 Airbus: Amendment 39–13454. 

Docket 2001–NM–303–AD.

Applicability: All Model A300 B4–600, 

A300 B4–600R, and F4–600R (collectively 

called A300–600) series airplanes; and all 

Model A310 series airplanes; certificated in 

any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To ensure that the flight crew is advised of 

the potential hazard associated with an inflight deployment of the thrust reverser, and 

the procedures necessary to address it, 

accomplish the following: 

Revisions to the Airplane Flight Manual 

(a) Within 60 days after the effective date 

of this AD, revise the Procedures Following 

Failures section of the Airplane Flight 

Manual (AFM) to include the ‘‘ENG REV 

UNLK’’ procedure contained in this 

paragraph of this AD. This may be 

accomplished by inserting a copy of this AD 

into the AFM. 

‘‘For airplanes fitted with ECAM SGU 

standard W23 or above: 

ENG REV UNLK (MOD 10264 or MOD 10908 

or 11318)

—THROTTLE ............................ IDLE 

—MAX SPEED .......................... 300 KT 

IF BUFFET OR BANK: 

—FUEL LEVER .......................... OFF 

—MAX SPEED .......................... 240 KT 

—Approach Speed: 1.3 Vs of 

selected landing configuration plus 10 kt. For airplanes 

fitted with ECAM SGU 

standard earlier than W23: 

ENG REV UNLK 

—THROTTLE ............................ IDLE (memory 

item) 

—MAX SPEED .......................... 300 KT (memory item) 

IF BUFFET OR BANK: 

—FUEL LEVER .......................... OFF 

—MAX SPEED .......................... 240 KT 

—Approach Speed: 1.3 Vs of 

selected landing configuration plus 10 kt.’’

Note 1: When an ‘‘ENG REV UNLK’’

procedure identical to that in paragraph (a) 

5928 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 

of this AD has been included in the general 

revisions of the AFM, the general revisions 

may be inserted into the AFM, and the copy 

of this AD may be removed from the AFM.

Alternative Methods of Compliance 

(b) 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, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA. Operators shall 

submit their requests through an appropriate 

FAA Principal Maintenance Inspector, who 

may add comments and then send it to the 

Manager, International Branch, ANM–116.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Manager, International 

Branch, ANM–116.

Special Flight Permits 

(c) Special flight permits may be issued in 

accordance with sections 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.

Note 3: The subject of this AD is addressed 

in French airworthiness directive 2001–

186(B), dated May 16, 2001.

Effective Date 

(d) This amendment becomes effective on 

March 15, 2004.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2572 Filed 2–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Parts 734, 740, and 774 

[Docket No. 040202032–4032–01] 

RIN 0694–AD03 

Licensing Jurisdiction for QRS11 

Micromachined Angular Rate Sensors

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Final rule.

SUMMARY: This final rule amends the 

Export Administration Regulations 

(EAR) to transfer, coincident with the 

State Department’s written commodity 

jurisdiction determination of February 

9, 2004, licensing jurisdiction for 

QRS11–00100–100/101 Micromachined 

Angular Rate Sensors from the 

Department of State to the Department 

of Commerce when those sensors are 

integrated into an instrument system 

(CSIS) of the type described in ECCN 

7A994 or aircraft of the type described 

in ECCN 9A991 that incorporates a CSIS 

that has such a sensor integrated, or are 

exported solely for integration into such 

a system. This rule also excludes 

systems or aircraft integrating QRS11–

00100–100/101 sensors from eligibility 

for the de minimis provisions of the 

EAR, and excludes the sensors from 

license exception eligibility.

DATES: This rule is effective: February 9, 

2004.

FOR FURTHER INFORMATION CONTACT:

Gene Christiansen, Office of Strategic 

Trade, Bureau of Industry and Security, 

U.S. Department of Commerce at (202) 

482–2984.

SUPPLEMENTARY INFORMATION: 

Background 

On January 7, 2004, the Department of 

State published a rule amending the 

International Traffic in Arms 

Regulations (ITAR) to remove from 

United States Munitions List (USML) 

jurisdiction certain quartz rate sensors 

when the sensors are integrated into and 

included as an integral part of a 

commercial standby instrument system 

for use on civil aircraft or exported 

solely for integration into such 

commercial standby instrument 

systems. The State Department will 

review on a case-by-case basis requests 

to determine whether a sensor is eligible 

for removal from the USML under the 

ITAR regulatory change, and must 

provide a written determination of 

commodity jurisdiction in order for the 

removal to take effect (69 FR 873). 

As of February 9, 2004, the State 

Department has determined that 

QRS11–00100–100/101 Micromachined 

Angular Rate Sensors integrated into 

and included as an integral part of a 

Commercial Standby Instrument System 

(CSIS) of the type described in the 

Export Administration Regulations 

(EAR) under ECCN 7A994 or an aircraft 

of the type described in ECCN 9A991 

that incorporates a CSIS that has such 

a sensor integrated, or exported solely 

for integration into such a system are 

subject to the licensing jurisdiction of 

the Department of Commerce. In all 

other cases, the QRS–11 Micromachined 

Angular Rate Sensors, including the 

QRS11–00100–100/101 sensors, are 

subject to the licensing jurisdiction of 

the Department of State, Directorate of 

Defense Trade Controls. 

When exported solely for integration 

into a foreign-made CSIS, the QRS11–

00100–100/101 is subject to Regional 

Stability controls under RS Column 1 in 

Part 738 of the EAR, requiring a license 

for export to all destinations except 

Canada. A CSIS integrating the sensor or 

an aircraft incorporating such a CSIS are 

subject to Anti-Terrorism controls under 

AT Column 1. No license exceptions are 

available for the QRS11–00100–100/101 

sensor or the CSIS integrating the 

sensor. License Exception AVS is 

available only for certain aircraft on 

temporary sojourn, specifically those 

eligible under § 740.15(a) of the EAR.

There is no de minimis level for 

foreign-made CSISs that contain 

QRS11–00100–100/101 Micromachined 

Angular Rate Sensors, or for foreignmade aircraft that incorporate CSISs that 

have QRS11–00100–100/101s integrated 

(see § 734.4(a) of the EAR). Both the 

instruments and the aircraft remain 

subject to the EAR regardless of their 

percentage, by value, of U.S. content. 

This final rule involves no new 

curtailment of exports, because any 

transfer or removal of items from the 

licensing jurisdiction of the Department 

of State to the licensing jurisdiction of 

the Department of Commerce maintains 

a continuity of controls. Therefore, the 

provisions regarding the impact of new 

controls do not apply and contract 

sanctity also does not apply to this 

imposition of controls (50 app. U.S.C. 

Sec. 2405(p)). 

Any violation of the International 

Traffic in Arms Regulations, including 

any violation of the terms and 

conditions of any Department of State 

issued export license, prior to the 

transfer of jurisdiction pursuant to this 

final rule, shall constitute a violation of 

the Arms Export Control Act. Items 

already exported under State 

jurisdiction, including pursuant to 

USML licenses, will remain subject to 

State jurisdiction until such time as the 

exporter requests and Commerce issues 

authorization to replace the State 

license. Upon notification by Commerce 

of such authorization, State will revoke 

any previously issued licenses. Such 

items exported under the ITAR, 

including pursuant to USML licenses, 

but made subject to the EAR by this rule 

and written determination of the 

Department of State may, thereafter, be 

integrated into CSISs or aircraft that 

incorporate CSISs that have such 

sensors integrated, or reexported in 

accordance with the provisions of this 

rule. Actions pending at the Department 

of State on February 9, 2004, including 

pending license applications, must be 

refiled with the Department of 

Commerce. In addition, items exported 

or reexported without a USML license 

prior to a change in jurisdiction in 

accordance with this rule must be 

disclosed to the Department of State 

pursuant to 22 CFR 127.12 prior to 

requesting Commerce authorization.