### 31874 Federal Register / Vol. 69, No. 110 / Tuesday, June 8, 2004 / Rules and Regulations Actions Compliance Procedures (1) Using a flourescent dye-penetrant or dye-check

method, inspect the airbrake torque tube for cracks and corrosion pits. Visually inspect for permanent distortions and surface corrosion (damage). Within the next 25 hours time-in-service (TIS) after July 19, 2004 (the effective date of this AD). Repetitively inspect thereafter at intervals not to exceed 12 calendar months or 100 hours TIS, whichever occurs later. Follow Allstar PZL Glider SP. Z o.o. Mandatory Bulletin No. BE

– 052/SZD

– 50

– 3/ 2003 ‘‘ Puchacz ’’ , dated July 22, 2003.

(2) Based on the results of the inspection: (a) Repair

the airbrake torque tube if slight, uniform corrosive deposits are found during the inspection required inparagraph (e)(1) of this AD by removing the corrosive deposits with a fine abrasive paper; and (b)Replace the airbrake torque tube if any other damage is found during the inspection required in paragraph (e)(1) of this AD. Prior to further flight after the inspection in which the damage is found. Continue with the repetitive inspections required in paragraph (e)(1) of this AD after each repair or replacement is made. Follow Allstar PZL Glider Sp. Z o.o. Mandatory Bulletin No. BE

– 052/SZD

– 50

– 3/ 2003 ‘‘ Puchacz ’’ , dated July 22, 2003.

May I Request an Alternative Method of Compliance?

(f) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Standards Office, Small Airplane Directorate, FAA. For information on any already approved alternative methods of compliance, contact Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329

– 4130; facsimile: (816) 329

– 4090. Does This AD Incorporate Any Material by Reference?

(g) You must do the actions required by this AD following the instructions in Allstar PZL Glider Sp. Z o.o. Mandatory Bulletin No. BE

– 052/SZD

– 50

– 3/2003 ‘‘ Puchacz ’’ , dated July 22, 2003. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from Allstar PZL Glider Sp. z o.o., ul. Cieszyn  ́ ska 325, 43

– 300 Bielsko-Biala. You may review copies at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; 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
. Is There Other Information That Relates to This Subject?

(h) Republic of Poland AD Number SP

– 0052

– 2003

–A, dated July 22, 2003, also addresses this subject.

Issued in Kansas City, Missouri, on May 27, 2004. Scott L. Sedgwick, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 12573 Filed 6

– 7

– 04; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **P DEPARTMENT OF TRANSPORTATION**  **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. 2003 –**  **NM –**  **111 –** **AD; Amendment 39**  **– 13654; AD 2004**  **– 11**  **– 08]**  **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 replacement of flap rotary actuators with modified flap rotary actuators. This action is necessary to prevent fatigue failure of the rotary actuator lever for the flaps, which could result in loss of the flap surface and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition. **DATES :**  Effective July 13, 2004.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 13, 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 :**  Dan Rodina, Aerospace Engineer, International Branch, ANM

– 116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055

– 4056; telephone (425) 227

– 2125; 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 February 13, 2004 (69 FR 7181). That action proposed to require replacement of flap rotary actuators with modified flap rotary actuators. Comments

Interested persons have been afforded an opportunity to participate in the making of this amendment. The FAA has duly considered the comments received. Request To Reference Latest Revisions of Service Information

One commenter, the airplane manufacturer, requests that we revise the proposed AD to refer to Airbus Service Bulletins A330

– 27

– 3106 (for Model A330 series airplanes) and A340

– 27

– 4111 (for Model A340

– 200 and

– 300 series airplanes), both Revision 02, both dated February 4, 2004. The proposed AD refers to the original issue of those service bulletins, dated February 18, 2003, as the acceptable sources of service information for the accomplishment of the proposed actions.

We concur with the commenter ’ s request. The procedures in Revision 01, dated April 8, 2003, and Revision 02 of the referenced service bulletins are essentially the same as those in the


### 31875 Federal Register / Vol. 69, No. 110 / Tuesday, June 8, 2004 / Rules and Regulations original issue of the service bulletins. Revision 02 of the service bulletins adds references to Liebherr-Aerospace Lindenberg GmbH Service Bulletins 697510

– 27

– 03 and 697511

– 27

– 03, both dated December 5, 2003, as additional sources of service information for replacing the subject flap rotary actuators. Accordingly, we have revised paragraph (a) of this AD to refer to Revision 02 of the Airbus service bulletins as the appropriate sources of service information for accomplishment of the required actions. We have also added a new paragraph (b) (and reidentified subsequent paragraphs accordingly) to state that replacements accomplished before the effective date of this AD per the original issue or Revision 01 of the service bulletins are acceptable for compliance with this AD. Also, we have revised Note 1 of this ADto add references to the new LiebherrAerospace Lindenberg GmbH service bulletins. Request To Revise Compliance Threshold

The same commenter requests that we revise the proposed AD to make the compliance threshold for the proposed actions consistent with that specified in the parallel French airworthiness directives. The commenter notes that, while paragraph (a) of the proposed AD specifies doing the replacement at the later of the times specified in paragraphs (a)(1) and (a)(2) of this AD, French airworthiness directives 2003

– 140(B) and 2003

– 141(B), both dated April 2, 2003, specify doing the replacement at the earlier of those times.

We concur. The reference to the
‘‘ later ’’ of the times in paragraphs (a)(1) and (a)(2) of the proposed AD was inadvertent, and was due to a misinterpretation of the French airworthiness directives. We intend the requirements of this AD and the compliance times for those requirements to be the same as those in the parallel French airworthiness directives. (We state no difference from the French airworthiness directives in the proposed AD.) We have revised paragraph (a) of this AD to require compliance at the earlier of the times specified in paragraphs (a)(1) and (a)(2) of this AD. We have determined that no U.S.-registered airplane is close to the compliance threshold, so this change should not increase the economic burden on any operator. Difference Between the French Airworthiness Directive and This AD

The applicability of French airworthiness directives 2003

– 140(B) and 2003

– 141(B), both dated April 2, 2003, excludes airplanes on which Airbus Service Bulletin A330

– 27

– 3106 (for Model A330 series airplanes) or A340

– 27

– 4111 (for Model A340

– 200 and

– 300 series airplanes) has been accomplished in service. However, we have not excluded those airplanes from the applicability of this AD. Rather, this AD includes a requirement to accomplish the actions specified in those service bulletins. Such a requirement ensures that the actions specified in the service bulletins and required by this AD are accomplished on all affected airplanes. Operators must continue to operate the airplane in the configuration required by this AD unless an alternative method of compliance is approved. 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 with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Cost Impact

We estimate that 9 airplanes of U.S. registry will be affected by this AD, that it will take approximately 45 work hours per airplane to accomplish the required replacement, and that the average labor rate is $65 per work hour. Required parts will cost approximately $35,000 per airplane. Based on these figures, the cost impact of this AD on U.S. operators is estimated to be $341,325, or $37,925 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, 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
– 11
– 08 Airbus: Amendment 39

– 13654. Docket 2003

–NM

– 111

–AD. Applicability: Model A330, A340

– 200, and A340

– 300 series airplanes; except for those on which Airbus Modification 50044 has been accomplished in production, certificated in any category.

Compliance: Required as indicated, unless accomplished previously.

To prevent fatigue failure of the rotary actuator lever for the flaps, which could result in loss of the flap surface and consequent reduced controllability of the airplane, accomplish the following: Replacement

(a) Replace the flap rotary actuators with modified flap rotary actuators in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330

– 27

– 3106 (for Model A330 series airplanes) or A340

– 27

– 4111 (for Model A340

– 200 and

– 300 series airplanes), both Revision 02, both dated February 4, 2004, as applicable. Do the replacement at the earlier of the times specified in paragraphs (a)(1) and (a)(2) of this AD.


### 31876 Federal Register / Vol. 69, No. 110 / Tuesday, June 8, 2004 / Rules and Regulations (1) Prior to the accumulation of 18,000 total flight cycles.

(2) Within 12 years since the date of issuance of the original Airworthiness Certificate, or within 12 years since the date of issuance of the original Export Certificate of Airworthiness, whichever occurs first.

(b) Replacements accomplished before the effective date of this AD in accordance with Airbus Service Bulletin A330

– 27

– 3106 (for Model A330 series airplanes) or A340

– 27

– 4111 (for Model A340

– 200 and

– 300 series airplanes), both dated February 18, 2003; or Revision 01 of those service bulletins, both dated April 8, 2003; as applicable; are acceptable for compliance with paragraph (a) of this AD.

Note 1: Airbus Service Bulletins A330

– 27

– 3106 and A340

– 27

– 4111, both Revision 02, reference Liebherr-Aerospace Lindenberg GmbH Service Bulletins 697510

– 27

– 02 and 697511

– 27

– 02, both dated February 21, 2003; and Liebherr-Aerospace Lindenberg GmbH Service Bulletins 697510

– 27

– 03 and 697511

– 27

– 03, both dated December 5, 2003; as additional sources of service information for accomplishment of the replacement. Alternative Methods of Compliance

(c) 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 (AMOCs) for this AD. Incorporation by Reference

(d) Unless otherwise specified in this AD, the actions shall be done in accordance with Airbus Service Bulletin A330

– 27

– 3106, Revision 02, dated February 4, 2004; or Airbus Service Bulletin A340

– 27

– 4111, Revision 02, dated February 4, 2004; 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 2: The subject of this AD is addressed in French airworthiness directives 2003

– 140(B), dated April 2, 2003, and 2003

– 141(B), dated April 2, 2003. Effective Date

(e) This amendment becomes effective on July 13, 2004. Issued in Renton, Washington, on May 20, 2004. Ali Bahrami, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 12572 Filed 6

– 7

– 04; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **P DEPARTMENT OF TRANSPORTATION**  **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. 2002 –**  **NM –** **323 –** **AD; Amendment 39**  **– 13657; AD 2004**  **– 11**  **– 11]**  **RIN 2120 –** **AA64 Airworthiness Directives; Boeing**  **Model 737 –**  **600, 737 –** **700, 737 –** **700C, 737**  **– 800, and 737**  **– 900 Series Airplanes**  **AGENCY :**  Federal Aviation Administration, DOT. **ACTION :**  Final rule. **SUMMARY :**  This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 737

– 600, 737

– 700, 737

– 700C, 737

– 800, and 737

– 900 series airplanes, that requires, for certain airplanes, installation of screws and spacers to secure the wire bundles for the aft fuel boost pumps of the main fuel tanks. For certain other airplanes, this amendment requires a general visual inspection of the wire bundles to determine if the wire bundles are clamped, and/or if they are damaged; further investigation, as applicable; repair of any damage; and installation of applicable brackets, clamps, and spacers to secure the wire bundles. This action is necessary to prevent electrical arcing in a fuel leakage zone, which could result in an uncontrolled fire. This action is intended to address the identified unsafe condition. **DATES :**  Effective July 13, 2004.

The incorporation by reference of a certain publication listed in the regulations is approved by the Director of the Federal Register as of July 13, 2004. **ADDRESSES :**  The service information referenced in this AD may be obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124

– 2207. 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 :**  Doug Pegors, Aerospace Engineer, Propulsion Branch, ANM

– 140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055

– 4056; telephone (425) 917

– 6504; fax (425) 917

– 6590. **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 Boeing Model 737

– 600, 737

– 700, 737

– 700C, 737

– 800, and 737

– 900 series airplanes was published in the Federal Register on March 5, 2004 (69 FR 10357). That action proposed to require for certain airplanes, installation of screws and spacers to secure the wire bundles for the aft fuel boost pumps of the main fuel tanks. For certain other airplanes, that action proposed to require a general visual inspection of the wire bundles to determine if the wire bundles are clamped, and/or if they are damaged; further investigation, as applicable; repair of any damage; and installation of applicable brackets, clamps, and spacers to secure the wire bundles. Comments

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA ’ s determination of the cost to the public. Conclusion

We have determined that air safety and the public interest require the adoption of the rule as proposed. Cost Impact

There are approximately 1,284 airplanes of the affected design in the worldwide fleet. The FAA estimates that 527 airplanes of U.S. registry will be affected by this AD. The work hours and required parts per airplane vary according to the configuration group to which the affected airplane belongs. The average labor rate is $65 per work hour.

The following table shows the estimated cost impact for airplanes affected by this AD: