38818 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 

Effective Date 

(i) This amendment becomes effective on 

August 3, 2004.

Issued in Renton, Washington, on June 16, 

2004. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–14320 Filed 6–28–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–NM–187–AD; Amendment 

39–13688; AD 2004–13–06] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A319 and A320 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Airbus Model 

A319 and A320 series airplanes, that 

requires repetitive detailed inspections 

to detect cracks in the keel beam side 

panels, and repair if necessary. 

Accomplishment of the repair ends the 

repetitive inspections for that repaired 

area. This action is necessary to detect 

and correct fatigue cracks on the side 

panels of the keel beams, which could 

result in reduced structural integrity of 

the airplane. This action is intended to 

address the identified unsafe condition.

DATES: Effective August 3, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of August 3, 

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: 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.

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 A319 and A320 series airplanes 

was published in the Federal Register

on April 1, 2004 (69 FR 17103). That 

action proposed to require repetitive 

detailed inspections to detect cracks in 

the keel beam side panels, and repair if 

necessary. Accomplishment of the 

repair ends the repetitive inspections for 

that repaired area. 

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. 

Two commenters request that the 

notice of proposed rulemaking action 

(NPRM) be revised to reference the 

latest service bulletin (i.e., Airbus 

Service Bulletin A320–53–1060, 

Revision 01, dated April 2, 2004). The 

commenters state that Revision 01 only 

changes the compliance to mandatory. 

The FAA agrees. Since issuance of the 

NPRM, the Direction Ge ́ne ́rale de 

l’Aviation Civile (DGAC), which is the 

airworthiness authority for France, 

classified Revision 01 of Airbus Service 

Bulletin A320–53–1060 as mandatory. 

No additional work is required for 

airplanes modified by the original issue 

of the service bulletin (referenced in the 

NPRM as the appropriate source of 

service information). Therefore, we have 

revised the final rule to reference 

Revision 01 of the service bulletin as the 

appropriate source of service 

information for accomplishing the 

required actions and added a new 

paragraph to give credit to operators that 

accomplished the original issue of the 

service bulletin before the effective date 

of this AD. 

Conclusion 

After careful review of the available 

data, including the comment 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 estimates that 400 Model A319 

and A320 series airplanes of U.S. 

registry will be affected by this AD, that 

it will take approximately 13 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 the AD on U.S. operators is estimated 

to be $338,000, or $845 per airplane, per 

inspection cycle. 

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:

Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38819

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:

2004–13–06 Airbus: Amendment 39–13688. 

Docket 2003–NM–187–AD.

Applicability: Model A319 and A320 series 

airplanes, certificated in any category; except 

those airplanes on which Airbus 

Modification 30355 has been incorporated in 

production. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct fatigue cracks on the 

side panels of the keel beams, which could 

result in reduced structural integrity of the 

airplane, accomplish the following: 

Service Bulletin 

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

this AD, means the Accomplishment 

Instructions of Airbus Service Bulletin A320–

53–1060, Revision 01, dated April 2, 2004. 

Initial Inspection 

(b) Perform a detailed inspection to detect 

cracks in the keel beam side panels, in 

accordance with the service bulletin, at the 

time specified in either paragraph (b)(1) or 

(b)(2) of this AD, as applicable.

Note 1: 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 a 

mirror, magnifying lenses, etc., may be used. 

Surface cleaning and elaborate access 

procedures may be required.’’

(1) For airplanes that have not been 

inspected per Maintenance Review Board 

(MRB) task 53–31–42: Inspect at the later of 

the times specified in paragraph (b)(1)(i) and 

(b)(1)(ii) of this AD. 

(i) Prior to the accumulation of 24,200 total 

flight cycles, or 48,400 total flight hours, 

whichever occurs first. 

(ii) Within 3,500 flight cycles after the 

effective date of this AD. 

(2) For airplanes that have been inspected 

per MRB task 53–31–42: Inspect at the later 

of the times specified in paragraph (b)(2)(i) 

and (b)(2)(ii) of this AD. 

(i) Within 4,300 flight cycles or 9,600 flight 

hours after the last inspection per MRB task 

53–31–42, whichever occurs first. 

(ii) Within 3,500 flight cycles after the 

effective date of this AD.

Repetitive Inspections 

(c) Repeat the detailed inspection required 

by paragraph (b) of this AD at intervals not 

to exceed 4,300 flight cycles or 9,600 flight 

hours, whichever occurs first. 

Corrective Actions 

(d) If any crack is found in ‘‘Area A’’

during any inspection required by this AD, 

before further flight, repair the affected area 

in accordance with the service bulletin. Once 

a repair has been accomplished to ‘‘Area A,’’

the repetitive inspections of ‘‘Area A’’

required by paragraphs (b) and (c) of this AD 

are no longer required for that side of the keel 

beam. 

(e) If any crack is found in ‘‘Area B’’ during 

any inspection required by this AD, before 

further flight, repair the affected structure per 

a method approved by either the Manager, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate; or the 

Direction Generale De L’Aviation Civile 

(DGAC) (or its delegated agent). 

Credit for Accomplishing Original Issue of 

Service Bulletin 

(f) Actions accomplished before the 

effective date of this AD per Airbus Service 

Bulletin A320–53–1060, dated June 19, 2002, 

are acceptable for compliance with the 

applicable requirements of this AD. 

Alternative Methods of Compliance 

(g) In accordance with 14 CFR 39.19, the 

Manager, International Branch, FAA, is 

authorized to approve alternative methods of 

compliance (AMOCs) for this AD. 

Incorporation by Reference 

(h) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Airbus Service Bulletin A320–53–1060, 

Revision 01, dated April 2, 2004. 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 directive 2003–

146(B), dated April 16, 2003 (a correction 

was issued May 14, 2003).

Effective Date 

(i) This amendment becomes effective on 

August 3, 2004.

Issued in Renton, Washington, on June 16, 

2004. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–14530 Filed 6–28–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–104–AD; Amendment 

39–13698; AD 2004–13–16] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to all EMBRAER Model 

EMB–135 and –145 series airplanes, that 

currently requires repetitive inspections 

of the engine thrust reverser stow/transit 

switches, and corrective action, if 

necessary. This amendment continues 

to require the existing requirements and 

identifies the installation of certain new 

transit switches, which constitutes 

terminating action for the repetitive 

inspections. This action also changes 

the applicability. The actions specified 

by this AD are intended to prevent 

erroneous signals in the Engine 

Indicating and Crew Alerting System 

(EICAS) caused by internal corrosion of 

the thrust reverser stow/transit 

switches, which could result in 

uncommanded loss of engine power in 

flight, or unnecessary aborted takeoffs 

on the ground.

DATES: Effective August 3, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of August 3, 

2004. 

The incorporation by reference of a 

certain other publication listed in the 

regulations was approved previously by 

the Director of the Federal Register as of 

September 5, 2001 (66 FR 43766, August 

21, 2001).

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), P.O. Box 343—CEP 

12.225, Sao Jose dos Campos—SP, 

Brazil. 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/