61922 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 

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 proposed 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, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2005–22793; 

Directorate Identifier 2005–NM–161–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, certificated in any category, as 

specified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Airplanes having serial numbers 7003 

through 7067 inclusive and 7069 through 

7939 inclusive on which Bombardier Service 

Bulletin 601R–28–053, dated July 12, 2004, 

has been accomplished. 

(2) Airplanes having serial numbers 7940 

through 7988 inclusive. 

Unsafe Condition 

(d) This AD results from a report that GaskO-Seals that did not incorporate an integral 

restrictor to limit fuel flow rate and fuel 

pressure during refueling were installed on 

certain airplanes. We are issuing this AD to 

prevent a buildup of excessive static charge, 

which could create an ignition source inside 

the fuel tank. 

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. 

Replacement 

(f) Within 550 flight hours after the 

effective date of this AD, replace the GaskO-Seal in the coupling of the refuel/defuel 

shut-off valves by doing all the actions 

specified in the Accomplishment 

Instructions of Bombardier Alert Service 

Bulletin A601R–28–064, dated April 21, 

2005. 

Parts Installation 

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

person may install a Gask-O-Seal, part 

number 202297, on any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Related Information 

(i) Canadian airworthiness directive CF–

2005–18, dated June 9, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on October 

18, 2005. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21435 Filed 10–26–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22794; Directorate 

Identifier 2005–NM–097–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318–100 and A319–100 Series 

Airplanes; Model A320–111 Airplanes; 

and Model A320–200, A321–100, and 

A321–200 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Model A318–100 and A319–100 

series airplanes; Model A320–111 

airplanes; and Model A320–200, A321–

100, and A321–200 series airplanes. 

This proposed AD would require 

repetitive detailed inspections of the 

trimmable horizontal stabilizer actuator 

(THSA) attachments for proper 

clearances, and any crack, damage, or 

metallic particles; related corrective 

actions if necessary; and a report of the 

inspection results to the manufacturer. 

This proposed AD results from a report 

that during lab testing to verify the 

performance of the THSA’s secondary 

load path with a simulated failure of the 

THSA’s primary load path, the 

secondary load path’s nut did not jam 

(as it was supposed to do.) We are 

proposing this AD to ensure the 

integrity of the THSA’s primary load 

path, which if failed, could result in 

latent (undetected) loading and eventual 

failure of the THSA’s secondary load 

path and consequent uncontrolled 

movement of the horizontal stabilizer 

and loss of control of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 28, 

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. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

proposed AD. 

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: 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 61923 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘FAA–2005–22794; 

Directorate Identifier 2005–NM–097–

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 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. 

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 all Airbus Model A318–100, 

A319–100, A320, and A321 series 

airplanes. The DGAC advises that, 

during lab testing to verify the 

performance of the secondary load path 

of the trimmable horizontal stabilizer 

actuator (THSA) with a simulated loss 

of the THSA’s primary load path, the 

secondary load path’s nut did not jam 

the THSA (as it was supposed to do). 

The THSA was designed to jam in the 

event of a primary load path failure, to 

indicate to the flightcrew that a 

component of the THSA (the primary 

load path) had failed and would need 

repair. Without the jamming of the 

secondary load path’s nut, there would 

be no indications of failure of the THSA 

primary load path, and it is possible that 

the airplane would continue to be 

unknowingly operated with a failed 

component and continuous loading of 

the secondary load path. The secondary 

load path is not designed to tolerate 

continued loading during multiple 

flights. In the event of a secondary load 

path failure in addition to a primary 

load path failure, the flightcrew would 

not be able to control the position of the 

THSA. This condition, if not corrected, 

could result in uncontrolled movement 

of the horizontal stabilizer and 

consequent loss of control of the 

airplane. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–27–1164, Revision 02, dated 

March 30, 2005. The service bulletin 

describes procedures for repetitive 

detailed inspections of the THSA 

attachments for proper clearances, and 

for any crack, damage, or metallic 

particles; related corrective actions if 

necessary; and a report of the inspection 

results to the manufacturer. The 

detailed inspections involve doing a 

check for the clearances between the 

secondary nut trunnions and junction 

plates at the lower THSA attachment; 

and doing a visual inspection of the 

upper THSA attachment structure/area 

for any crack, damage, or metallic 

particles. The corrective actions involve 

replacing the THSA if any clearance is 

not correct, or if any crack or damage is 

found; and contacting the manufacturer 

for further instructions if any metallic 

particles are found. The DGAC 

mandated the service information and 

issued French airworthiness directive 

F–2005–051, dated March 30, 2005, 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 

DGAC’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for airplanes of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Between the Proposed AD and the 

Service Bulletin.’’

Differences Between the Proposed AD 

and the Service Bulletin 

The service bulletin specifies that you 

may contact the manufacturer for 

instructions if any metallic particles are 

found, but this proposed AD would 

require you to repair the THSA using a 

method that we or the DGAC (or its 

delegated agent) approve. In light of the 

type of repair that would be required to 

address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this proposed AD, 

a repair we or the DGAC approve would 

be acceptable for compliance with this 

proposed AD. 

The service bulletin refers only to a 

‘‘check’’ and a ‘‘visual inspection’’ for 

inspections of the THSA attachments for 

proper clearances; and for any crack, 

damage, or metal particles. We have 

determined that the procedures for both 

actions in the service bulletin should be 

described as ‘‘detailed inspections.’’

Note 1 has been included in this 

proposed AD to define this type of 

inspection. 

Interim Action 

This is considered to be interim 

action. The inspection reports that are 

required by this AD will enable the 

manufacturer to obtain better insight 

into the nature, cause, and extent of the 

problem, and eventually to develop 

final action to address the unsafe 

condition. Once final action has been 

identified, the FAA may consider 

further rulemaking. 

Costs of Compliance 

This proposed AD would affect about 

700 airplanes of U.S. registry. The 

proposed actions 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 proposed AD for U.S. operators is 

$45,500, or $65 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. 

61924 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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 proposed 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, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Airbus: Docket No. FAA–2005–22794; 

Directorate Identifier 2005–NM–097–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A318–111 and –112 airplanes, Model A319–

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes, Model A320–111 airplanes, 

Model A320–211, –212, –214, –231, –232, 

and –233 airplanes, Model A321–111, –112, 

and –131 airplanes, and Model A321–211 

and –231 airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from a report that 

during lab testing to verify the performance 

of the trimmable horizontal stabilizer 

actuator’s (THSA’s) secondary load path with 

a simulated failure of the THSA’s primary 

load path, the secondary load path’s nut did 

not jam (as it was supposed to do.) We are 

issuing this AD to ensure the integrity of the 

THSA’s primary load path, which if failed, 

could result in latent (undetected) loading 

and eventual failure of the THSA’s secondary 

load path and consequent uncontrolled 

movement of the horizontal stabilizer and 

loss of control of 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. 

Repetitive Inspections and Corrective Action 

(f) Within 20 months since first flight, or 

within 600 flight hours after the effective 

date of this AD, whichever occurs later, do 

detailed inspections of the THSA 

attachments for proper clearances and any 

crack, damage, or metallic particles, and do 

related corrective actions as applicable, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320–

27–1164, Revision 02, dated March 30, 2005, 

except as described in paragraph (g) of this 

AD. Do corrective actions before further 

flight. Thereafter, repeat the inspections at 

intervals not to exceed 20 months. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(g) If any metallic particles are detected 

during the inspection required by paragraph 

(f) of this AD: Before further flight, repair the 

damage according to a method approved by 

either the Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate; or the Direction Ge ́ne ́rale de 

l’Aviation Civile (DGAC) (or its delegated 

agent). 

Inspection Reports 

(h) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (f) of this AD to 

Airbus, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France, at the 

applicable time specified in paragraph (h)(1) 

or (h)(2) of this AD. The report must include 

the inspection results, a description of any 

discrepancies found, the airplane serial 

number, and the number of landings and 

flight hours on the airplane. Under the 

provisions of the Paperwork Reduction Act of 

1980 (44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(2) If any inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) 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. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(j) French airworthiness directive F–2005–

051, dated March 30, 2005, also addresses the 

subject of this AD. 

Issued in Renton, Washington, on October 

18, 2005. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21434 Filed 10–26–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22810; Directorate 

Identifier 2005–NM–143–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310–203, –204, and –222 Airplanes, 

and Model A310–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM).