Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75275

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 

removing amendment 39–12383 (66 FR 

42939, August 16, 2001) and adding the 

following new airworthiness directive 

(AD):

Airbus: Docket No. FAA–2004–19863; 

Directorate Identifier 2003–NM–29–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this airworthiness 

directive (AD) action by January 31, 2005. 

Affected ADs 

(b) This AD supersedes AD 2001–16–14, 

Amendment 39–12383 (66 FR 42939, August 

16, 2001). 

Applicability 

(c) This AD applies to Airbus Model A319, 

A320, and A321 series airplanes; certificated 

in any category; equipped with telescopic girt 

bars of the escape slide/raft assembly 

installed per Airbus Modification 20234, or 

Airbus Service Bulletin A320–25–1055 or 

A320–25–1218 in service; except those 

airplanes with Airbus Modification 31708. 

Unsafe Condition 

(d) This AD was prompted by development 

of a new, improved modification of the 

telescopic girt bar of the escape slide/raft 

assembly. We are issuing this AD to prevent 

failure of the escape slide/raft to deploy 

correctly, which could result in the slide 

being unusable during an emergency 

evacuation and consequent injury to 

passengers or airplane crewmembers. 

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. 

Restatement of Requirements of AD 2001–

16–14 

Modification/Follow-On Actions 

(f) For airplanes listed in Airbus Industrie 

All Operators Telex A320–52A1111, Revision 

01, dated July 23, 2001: Within 1,500 flight 

hours after August 31, 2001 (the effective 

date of AD 2001–16–14); except as provided 

by paragraph (h) of this AD, modify the 

telescopic girt bar of the escape slide/raft 

assembly installed on all passenger and crew 

doors and do a functional test to ensure the 

girt bar does not retract, per Airbus Industrie 

AOT A320–52A1111, Revision 01, dated July 

23, 2001. 

(1) If the girt bar retracts, before further 

flight, replace any discrepant parts and do 

another functional test to ensure the girt bar 

does not retract, per the AOT. Repeat the 

functional test after that at intervals not to 

exceed 18 months until paragraph (g) of this 

AD is accomplished. 

(2) If the girt bar does not retract, repeat the 

functional test thereafter at intervals not to 

exceed 18 months.

Note 1: Modification and follow-on actions 

accomplished prior to the effective date of 

this AD per Airbus Industrie AOT A320–

52A1111, dated July 5, 2001, are considered 

acceptable for compliance with the 

applicable actions specified in this 

amendment.

New Requirements of This AD 

Modification 

(g) Within 48 months after the effective 

date of this AD: Modify the telescopic girt bar 

of the escape slide/raft assembly by doing all 

the applicable actions specified in the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–52–1112, Revision 02, 

dated September 6, 2002. Accomplishing the 

actions required by this paragraph terminates 

the repetitive functional tests required by 

paragraph (f) of this AD. 

(h) Airplanes on which the modification 

required by paragraph (g) of this AD is 

accomplished within the compliance time 

specified in paragraph (f) of this AD are not 

required to accomplish the modification 

required by paragraph (f). 

Modifications Accomplished According to 

Previous Issues of Service Bulletin 

(i) Modifications accomplished before the 

effective date of this AD in accordance with 

either Airbus Service Bulletin A320–52–

1112, dated January 16, 2002; or Revision 01, 

dated April 3, 2002; are considered 

acceptable for compliance with paragraph (g) 

of this AD. 

Parts Installation 

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

person may install on any airplane a 

telescopic girt bar of the escape slide/raft 

assembly unless it has been modified as 

required by paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, International Branch, 

ANM–116, has the authority to approve 

alternative methods of compliance (AMOCs) 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) AMOCs approved previously in 

accordance with AD 2001–16–14, 

amendment 39–12383, are approved as 

AMOCs with paragraph (f) of this AD. 

Related Information 

(l) French airworthiness directive 2002–

637(B) R1, dated April 16, 2003, also 

addresses the subject of this AD.

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27505 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–18678; Directorate 

Identifier 2001–NM–312–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: The FAA is revising an earlier 

NPRM for an airworthiness directive 

(AD) that applies to all BAE Systems 

(Operations) Limited Model BAe 146 

and Avro 146–RJ series airplanes. The 

original NPRM would have required 

repetitive detailed inspections of the 

rear fuselage upper skin to detect 

cracking due to fatigue, and repair if 

necessary. The original NPRM was 

prompted by evidence of cracking due 

to fatigue along the edges of certain 

chemi-etched pockets in the rear 

fuselage upper skin. This new action 

revises the area of inspection specified 

in the original NPRM. We are proposing 

this supplemental NPRM to prevent a 

possible sudden loss of cabin pressure 

and consequent injury to passengers and 

flightcrew.

DATES: We must receive comments on 

this supplemental NPRM by January 10, 

2005.

75276 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

supplemental NPRM. 

• 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. 

• 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 British 

Aerospace Regional Aircraft American 

Support, 13850 Mclearen Road, 

Herndon, Virginia 20171. 

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–

18678; the directorate identifier for this 

docket is 2001–NM–312–AD.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer; 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this supplemental NPRM. 

Send your comments to an address 

listed under ADDRESSES. Include 

‘‘Docket No. 2000–FAA–18678; 

Directorate Identifier 2001–NM–312–

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this supplemental NPRM. We will 

consider all comments received by the 

closing date and may amend this 

supplemental NPRM in light of those 

comments. 

We will post all comments submitted, 

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 supplemental NPRM. 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.

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 in the Nassif Building at the DOT 

street address stated in ADDRESSES.

Comments will be available in the AD 

docket shortly after the DMS receives 

them. 

Discussion 

We proposed to amend 14 CFR part 

39 with a notice of proposed rulemaking 

(NPRM) for an airworthiness directive 

(AD) (the ‘‘original NPRM’’). The 

original NPRM applies to all BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ series 

airplanes. The original NPRM was 

published in the Federal Register on 

July 26, 2004 (69 FR 44474). The 

original NPRM proposed to require 

repetitive detailed inspections of the 

rear fuselage upper skin to detect 

cracking due to fatigue, and repair if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the original NPRM. 

Request To Clarify Inspection Area 

The commenter notes a discrepancy 

between the original NPRM and the 

source of service information for the 

inspection (Inspection Service Bulletin 

ISB.53–164). The original NPRM 

specifies inspecting the rear fuselage 

skin, and the service bulletin specifies 

inspecting the center and rear fuselage 

skin. The commenter requests that we 

clarify the area to be inspected. 

The commenter notes another 

potential conflict between the original 

NPRM and the service bulletin. While 

paragraph (f) the original NPRM 

specifies inspecting ‘‘the rear fuselage 

upper skin,’’ the service bulletin 

specifies inspecting ‘‘all the lap joints 

(stringers 2, 10, 19, and 30).’’ The 

commenter requests that we define the 

term ‘‘upper skin’’—specifically, the lap 

joints of the upper skin that must be 

inspected. 

We agree that clarification is 

necessary. The original NPRM specifies 

inspecting only the rear fuselage skin; 

reference to the center fuselage skin was 

inadvertently omitted from this 

proposed requirement. We have revised 

paragraph (f) in this supplemental 

NPRM to require inspection of the 

center and rear fuselage skin including 

all the lap joints at stringers 2, 10, 19, 

and 30. 

Request To Revise Repetitive Interval 

The commenter requests that we 

revise the repetitive inspection interval 

in paragraph (f)(1)(i) of the original 

NPRM for Model Avro 146–RJ series 

airplanes. The commenter requests that 

the proposed interval be extended from 

4,000 to 6,000 landings. The commenter 

asserts that a 6,000-landing interval 

would better accommodate maintenance 

schedules.

We do not agree with the request. We 

have determined that a 4,000-landing 

interval represents the maximum 

interval of time allowable for the 

affected airplanes to continue to safely 

operate between inspections. We have 

not changed this supplemental NPRM 

regarding this issue. 

FAA’s Determination and Proposed 

Requirements of the Supplemental 

NPRM 

Certain changes discussed above 

expand the scope of the original NPRM; 

therefore, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 

public comment on this supplemental 

NPRM. 

Costs of Compliance 

This supplemental NPRM would 

affect about 55 airplanes of U.S. registry. 

The proposed actions would take about 

4 work hours per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the supplemental NPRM for U.S. 

operators is $14,300, or $260 per 

airplane, per inspection cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75277

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

supplemental NPRM would not have 

federalism implications under Executive 

Order 13132. This supplemental NPRM 

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 supplemental NPRM. 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):

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2004–18678; 

Directorate Identifier 2001–NM–312–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

January 10, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146 and 

Avro 146–RJ series airplanes, certificated in 

any category. 

Unsafe Condition 

(d) This AD was prompted by evidence of 

cracking due to fatigue along the edges of 

certain chemi-etched pockets in the rear 

fuselage upper skin. We are issuing this AD 

to prevent a possible sudden loss of cabin 

pressure and consequent injury to passengers 

and flightcrew. 

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. 

Inspection and Repair 

(f) Within the applicable compliance times 

specified in paragraph (f)(1) or (f)(2) of this 

AD, perform a detailed inspection to detect 

cracking of the center and rear fuselage skin, 

including all the lap joints at stringers 2, 10, 

19, and 30, in accordance with the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–164, dated July 10, 

2001.

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘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, magnifying 

lenses, etc., may be used. Surface cleaning 

and elaborate access procedures may be 

required.’’

(1) For Model Avro 146–RJ series airplanes: 

Inspect before the accumulation of 10,000 

total landings, or within 2,000 landings after 

the effective date of this AD, whichever is 

later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 4,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or the 

Civil Aviation Authority (CAA) (or its 

delegated agent). No further inspection of any 

repaired area is required by this AD. 

(2) For Model BAe 146 series airplanes: 

Inspect before the accumulation of 16,000 

total landings, or within 4,000 landings after 

the effective date of this AD, whichever is 

later. 

(i) For areas where no crack is found, 

repeat the inspection at intervals not to 

exceed 8,000 landings. 

(ii) For areas where any crack is found, 

before further flight, perform repairs in 

accordance with a method approved by the 

Manager, International Branch, ANM–116; or 

the CAA (or its delegated agent). No further 

inspection of any repaired area is required by 

this AD. 

No Reporting Requirement 

(g) Although the referenced service bulletin 

specifies to submit appendix 1 of the service 

bulletin with certain information to the 

manufacturer, this AD does not require that 

action. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, ANM–116, FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19.

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27511 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19867; Directorate 

Identifier 2004–NM–58–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 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 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require replacing existing dual anti-skid 

control manifolds (DACM) with new, 

improved or reworked and reidentified 

DACMs; inspecting the inlet filters and 

other components of the DACMs for 

damage; replacing any damaged DACM 

components with new or serviceable 

components; and flushing/cleaning the 

braking system prior to replacing the 

inlet filters. This proposed AD is 

prompted by reports of multiple 

incidents of blown tires on landing 

while using maximum autobrake. We 

are proposing this AD to prevent 

metallic fibers from the first stage filter 

of the servo valves inside the DACM 

from becoming lodged in the first stage 

nozzle of the servo valve, which could 

lead to tire failure during high speed/