Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75273

Representative who has been authorized by 

the Manager, Seattle ACO, to make such 

findings.

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27504 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–2004–19863; Directorate 

Identifier 2003–NM–29–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Airbus Model A319, A320, and A321 

series airplanes. The existing AD 

currently requires modification of the 

telescopic girt bar of the escape slide/

raft assembly, and follow-on actions. 

This proposed AD would mandate a 

new modification of the telescopic girt 

bar, which would terminate the 

repetitive functional tests required by 

the existing AD. This proposed AD 

would also expand the applicability of 

the existing AD. This proposed AD is 

prompted by development of a new, 

improved modification. We are 

proposing 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.

DATES: We must receive comments on 

this proposed AD by January 31, 2005.

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. 

• 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 Dulin, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

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–

2004–19863; Directorate Identifier 

2003–NM–29–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 received 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. 

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 

On August 9, 2001, the FAA issued 

AD 2001–16–14, amendment 39–12383 

(66 FR 42939, August 16, 2001). That 

AD applies to certain Airbus Model 

A319, A320, and A321 series airplanes, 

and requires modifying the telescopic 

girt bar of the escape slide/raft 

assembly, and follow-on actions. That 

AD was prompted by several reports of 

the telescopic girt bar of the slide/raft 

assembly detaching from the door sill 

fittings and preventing proper 

deployment of the emergency escape 

slide. The requirements of that AD are 

intended 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. 

Actions Since Existing AD Was Issued 

The preamble to AD 2001–16–14 

specified that we considered the 

requirements ‘‘interim action’’ and that 

the manufacturer was developing a new 

modification to address the unsafe 

75274 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

condition. That AD explained that we 

may consider further rulemaking if that 

modification is developed, approved, 

and available. The manufacturer now 

has developed such a modification, and 

we have determined that further 

rulemaking is indeed necessary; this 

proposed AD follows from that 

determination. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–52–1112, Revision 02, dated 

September 6, 2002, which describes 

procedures for replacing the sliding part 

of the telescopic girt bar of the escape 

slide/raft assembly with a new part 

having a larger trigger; and doing an 

operational test after the replacement. 

For all airplanes, the replacement 

involves removing the four telescopic 

girt bars, installing a new slide on each 

of the four telescopic girt bars, and 

installing the four modified telescopic 

girt bars on the airplanes. For airplanes 

that have been modified per airplane 

configuration 02 (as required by AD 

2001–16–14), the service bulletin also 

contains procedures for removing the 

‘‘U–shaped’’ reinforcement bar installed 

on the four girt bar assemblies during 

the previous modification.

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

classified this service information as 

mandatory and issued French 

airworthiness directive 2002–637(B) R1, 

dated April 16, 2003, to ensure the 

continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGACs findings, evaluated all pertinent 

information, and determined that AD 

action is necessary for airplanes of this 

type design that are certificated for 

operation in the United States. 

For this reason, this proposed AD 

would supersede AD 2001–16–14. This 

proposed AD would retain the 

requirements of the existing AD and 

would mandate a new modification of 

the telescopic girt bar, which would 

constitute terminating action for the 

repetitive functional tests of the existing 

AD. This proposed AD would also 

expand the applicability of the existing 

AD. 

Clarification of Concurrent 

Requirements 

Airbus Service Bulletin A320–52–

1112, Revision 02, specifies Airbus 

Service Bulletins A320–25–1055 

(currently at Revision 15, dated 

February 11, 2004), and A320–25–1218 

(currently at Revision 01, dated 

November 2, 2001), as concurrent 

requirements. These service bulletins 

describe procedures for installing Air 

Cruisers slide raft assemblies that are 

the subject of this proposed AD on the 

passenger/crew doors. If the slide rafts 

specified in these service bulletins have 

not been installed previously, then the 

airplane would not be subject to the 

proposed AD (i.e., the airplane would 

not be equipped with slide rafts needing 

to be modified). Thus, we find it is not 

necessary for this proposed AD to 

require accomplishing Service Bulletin 

A320–25–1055 or A320–25–1218. 

Change to Existing AD 

This proposed AD would retain all 

requirements of AD 2001–16–14. Since 

AD 2001–16–14 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifier has changed in this proposed 

AD, as listed in the following table:

REVISED PARAGRAPH IDENTIFIER

Requirement in AD 2001–

16–14 

Corresponding

requirement in

this proposed 

AD 

Paragraph (a) ...................... Paragraph (f). 

Change to Labor Rate Estimate 

We have reviewed the figures we have 

used over the past several years to 

calculate AD costs to operators. To 

account for various inflationary costs in 

the airline industry, we find it necessary 

to increase the labor rate used in these 

calculations from $60 per work hour to 

$65 per work hour. The cost impact 

information, below, reflects this 

increase in the specified hourly labor 

rate. 

Costs of Compliance 

This proposed AD would affect about 

517 airplanes of U.S. registry. 

The modification that is required by 

AD 2001–16–14 and retained in this 

proposed AD takes about 7 work hours 

per airplane, at an average labor rate of 

$65 per work hour. The cost of required 

parts is negligible. Based on these 

figures, the estimated cost of the 

currently required modification is 

$235,235, or $455 per airplane. 

The functional test that is required by 

AD 2001–16–14 and retained in this 

proposed AD takes about 1 work hour 

per airplane, at an average labor rate of 

$65 per work hour. Based on these 

figures, the cost impact of the currently 

required functional test is $33,605, or 

$65 per airplane, per test cycle. 

For airplanes that have not been 

modified in accordance with AD 2001–

16–14: The new proposed modification 

would take about 16 work hours per 

airplane, at an average labor rate of $65 

per work hour. Required parts would 

cost about $5,040 per airplane. Based on 

these figures, the estimated cost of the 

new modification specified in this 

proposed AD is $6,080 per airplane. 

For airplanes that have been modified 

in accordance with AD 2001–16–14: 

The new proposed modification would 

take about 20 work hours per airplane, 

at an average labor rate of $65 per work 

hour. Required parts would cost about 

$5,040 per airplane. Based on these 

figures, the estimated cost of the new 

modification specified in this proposed 

AD is $6,340 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in title 

49 of the United States Code. 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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, the FAA is charged with 

promoting safety 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 

proposed AD. 

Regulatory Findings 

We have determined that this 

proposed AD will not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the proposed regulation: 

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.