Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 53051 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22291; Directorate 

Identifier 2005–NM–038–AD; Amendment 

39–14251; AD 2005–18–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and A340–300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A340–200 and A340–300 

series airplanes. This AD requires a onetime inspection for discrepancies of the 

spotfacing for the pylon-to-engine 

attachment bolts on the pyramid 

forward fitting of the engine pylon, and 

repair if necessary. This AD results from 

a report that, during a routine 

inspection, it was found that the 

diameter of the spotfacings was too 

small for two of the pylon-to-engine 

attachment bolts on the pyramid 

forward fitting. We are issuing this AD 

to prevent reduced structural integrity 

of the pylon-to-engine attachment bolts 

on the pyramid forward fitting, which 

could result in separation of an engine 

from the airplane. 

DATES: This AD becomes effective 

September 22, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 22, 2005. 

We must receive comments on this 

AD by November 7, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

AD. 

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: 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Airbus Model A340–200 

and A340–300 series airplanes. The 

DGAC advises that, during a routine 

inspection, it was found that the 

diameter of the spotfacings was too 

small for two of the pylon-to-engine 

attachment bolts on the pyramid 

forward fitting. Investigation revealed 

that, because the diameter of the 

spotfacings on the two front fasteners 

was incorrect, the bolt head did not fit 

correctly on the flat part of the 

spotfacing, causing possible damage of 

the spotfacing area and cracking/wear of 

the pylon-to-engine attachment bolt. 

This condition, if not corrected, could 

result in separation of an engine from 

the airplane. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A340–54–4009, including Appendix 01, 

Revision 01, dated February 15, 2005. 

The service bulletin describes 

procedures for a one-time inspection for 

discrepancies of the spotfacing for the 

pylon-to-engine attachment bolts on the 

pyramid forward fitting of the engine 

pylon, and repair if necessary. The 

discrepancies include incorrect 

dimensions of the spotfacing and 

misalignment of the bolt. The repair 

involves measuring and machining the 

spotfacing to the correct dimension and 

installing new bolts and washers. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. The DGAC mandated the 

service information and issued French 

airworthiness directive F–2005–011, 

dated January 19, 2005, to ensure the 

continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of This 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 

DGAC’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are issuing this AD to 

prevent reduced structural integrity of 

the pylon-to-engine attachment bolts on 

the pyramid forward fitting, which 

could result in separation of an engine 

from the airplane. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Difference Between the AD and Service 

Bulletin.’’

Difference Between the AD and Service 

Bulletin 

Airbus Service Bulletin A340–54–

4009 recommends concurrently 

accomplishing Airbus Service Bulletin 

A340–71–4001, or the equivalent 

production modification. The 

equivalent production modification has 

been done on the airplanes specified in 

the applicability of this AD. 

Additionally, the French airworthiness 

directive does not mandate 

accomplishment of the concurrent 

service bulletin. In light of these factors, 

this AD would not require 

accomplishing the concurrent service 

bulletin. 

Costs of Compliance 

None of the airplanes affected by this 

action are on the U.S. Register. All 

airplanes affected by this AD are 

currently operated by non-U.S. 

operators under foreign registry; 

therefore, they are not directly affected 

by this AD action. However, we 

consider this AD necessary to ensure 

that the unsafe condition is addressed if 

any affected airplane is imported and 

placed on the U.S. Register in the future. 

If an affected airplane is imported and 

placed on the U.S. Register in the future, 

the required inspection would take 

about 1 work hour per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the inspection would be $65 per 

airplane. 

FAA’s Determination of the Effective 

Date 

No airplane affected by this AD is 

currently on the U.S. Register. 

Therefore, providing notice and 

opportunity for public comment is 

53052 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 

unnecessary before this AD is issued, 

and this AD may be made effective in 

less than 30 days after it is published in 

the Federal Register. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to the address listed under 

the ADDRESSES section. Include ‘‘Docket 

No. FAA–2005–22291; Directorate 

Identifier 2005–NM–038–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD that might suggest a need to 

modify it. 

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 AD. Using the 

search function of that 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 may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may 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 Docket 

Management System receives them. 

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. 

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 AD will 

not have federalism implications under 

Executive Order 13132. This 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 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 AD and placed it in the AD docket. 

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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–18–11 Airbus: Amendment 39–14251. 

Docket No. FAA–2005–22291; 

Directorate Identifier 2005–NM–038–AD. 

Effective Date 

(a) This AD becomes effective September 

22, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A340–

211, –212, and –213, and A340–311, –312, 

and –313 airplanes; certificated in any 

category; as identified in Airbus Service 

Bulletin A340–54–4009, Revision 01, dated 

February 15, 2005. 

Unsafe Condition 

(d) This AD results from a report that, 

during a routine inspection, it was found that 

the diameter of the spotfacings was too small 

for two of the pylon-to-engine attachment 

bolts on the pyramid forward fitting. The 

FAA is issuing this AD to prevent reduced 

structural integrity of the pylon-to-engine 

attachment bolts on the pyramid forward 

fitting, which could result in separation of an 

engine from the airplane. 

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. 

One-Time Inspection/Repair 

(f) Within 18 months after the effective 

date of this AD: Perform a one-time detailed 

inspection for discrepancies of the spotfacing 

for the pylon-to-engine attachment bolts on 

the pyramid forward fitting of each engine 

pylon, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A340–54–4009, Revision 01, 

dated February 15, 2005. Repair any 

discrepancy before further flight in 

accordance with the service bulletin. 

Inspections and repairs accomplished before 

the effective date of this AD in accordance 

with Airbus Service Bulletin A340–54–4009, 

dated August 25, 2004, are acceptable for 

compliance with this paragraph. 

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 mirror, 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

No Reporting Requirement 

(g) Although the referenced service bulletin 

describes procedures for submitting a report 

of inspection results to the manufacturer, this 

AD does not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 53053 

Related Information 

(i) French airworthiness directive F–2005–

011, dated January 19, 2004, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(j) You must use Airbus Service Bulletin 

A340–54–4009, Revision 01, dated February 

15, 2005, excluding Appendix 01, to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France, for a copy of this service information. 

You may review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street SW., 

Room PL–401, Nassif Building, Washington, 

DC; on the Internet at http://dms.dot.gov; or 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http://www.

archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

29, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–17606 Filed 9–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20352; Directorate 

Identifier 2004–NM–214–AD; Amendment 

39–14249; AD 2005–18–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200 and –300 Series 

Airplanes and Model 767 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 757–200 and –300 series 

airplanes and Model 767 series 

airplanes. This AD requires replacing 

the existing operational software of the 

Pegasus flight management computer 

(FMC) system with new, improved 

operational software. This AD results 

from reports of ‘‘old’’ or expired air 

traffic control (ATC) clearance messages 

being displayed on the control display 

unit (CDU) of the FMC system during 

subsequent flights. We are issuing this 

AD to prevent display of ‘‘old’’ or 

expired ATC clearance messages on the 

CDU of subsequent flights, which could 

result in the airplane entering 

unauthorized airspace or following a 

flight path that does not provide 

minimum separation requirements 

between aircraft, and a consequent near 

miss or a mid-air collision. 

DATES: Effective October 12, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 12, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, Room PL–401, 

Washington, DC. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Slentz, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6483; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may 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 street 

address stated in the ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Boeing Model 757–200 

and –300 series airplanes and Model 

767 series airplanes. That NPRM was 

published in the Federal Register on 

February 15, 2005 (70 FR 7676). That 

NPRM proposed to require replacing the 

existing operational software of the 

Pegasus flight management computer 

(FMC) system with new, improved 

operational software. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Supportive or No Objection Comments 

for the NPRM 

One commenter supports the NPRM, 

and another commenter advises that it 

has no objection to the NPRM. 

Requests To Limit the Applicability of 

the NPRM 

Several commenters request that the 

applicability of the NPRM be limited to 

those airplanes that have the Air Traffic 

Services Data Link (ATS DL) enabled. 

The commenters advise that Flight 

Management Computer (FMC) systems 

that are not equipped with the optional 

operational program configuration 

(OPC) software to enable the ATS DL 

will never display Air Traffic Control 

(ATC) clearance messages (new, old, or 

expired) on the control display unit 

(CDU). The commenters point out that 

without the OPC, there is not the 

capability to get ATC clearance 

messages on the CDU. Therefore, the 

commenters contend that the NPRM 

should be applicable only to those 

airplanes that have the ATS DL FMC 

option enabled. Additionally, one 

commenter, an operator, contends that if 

airplanes not using ATS DL FMC are 

required to upgrade the Pegasus FMC 

software, the operators also will be 

forced to upgrade their older inertial 

reference units (IRU) due to differences 

in the magnetic variation models 

between Pegasus 2003 and the older IRU 

models. The commenter explains that 

upgrading the IRU would be a 

significant increase in its costs. 

The FAA agrees that the requirement 

to replace the OPS and FIDO software 

of the existing FMC with Pegasus 2003 

OPS and FIDO software or Pegasus 2004 

OPS and FIDO software should apply 

only to airplanes operating with an Air 

Traffice Services data link function 

enabled. We have revised paragraph (f) 

of this AD to clarify the applicability of 

that requirement. 

Requests To Add Service Information 

Several commenters, including the 

manufacturer, note that since the 

issuance of the NPRM, Boeing has 

issued new service bulletins that 

describe replacing the existing 

operational program software (OPS) and 

flight information and data output 

(FIDO) software of the FMC with 

Pegasus 2005 OPS and FIDO software. 

Accomplishment of the service bulletins 

is intended to correct certain problems 

that were experienced as a result of the 

installation of the Pegasus 2003 OPS 

and FIDO software, and to add other 

improvements on the map displays. The 

commenters request that the new 

service bulletins be added to the NPRM