Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 61927 

service bulletin specifies to contact the 

manufacturer for an appropriate repair: 

Before further flight, repair in accordance 

with a method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the DGAC (or 

its delegated agent). 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, 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) French airworthiness directive F–2005–

078, dated May 11, 2005, also addresses the 

subject of this AD. 

Issued in Renton, Washington, on October 

20, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21428 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–2005–22812; Directorate 

Identifier 2005–NM–134–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, A330–300, A340–200, and 

A340–300 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 

certain Airbus Model A330–200, A330–

300, A340–200, and A340–300 series 

airplanes. This proposed AD would 

require repetitive detailed inspections 

for cracking in the aft web of support rib 

6 between certain bottom skin stringers 

on both wings; high frequency eddy 

current inspections for cracking of the 

attachment holes of the fuel pipes, and 

repair if necessary. This proposed AD 

would also provide for an optional 

modification, which would extend a 

certain inspection threshold. This 

proposed AD results from a report of 

significant cracking found in the aft web 

of support rib 6 on both wings. We are 

proposing this AD to prevent cracking 

in the aft web of support rib 6, which 

could result in overloading of adjacent 

ribs and the surrounding wing structure 

and consequent reduced structural 

integrity of the wing. 

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 the service information identified in 

this proposed 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: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘FAA–2005–22812; 

Directorate Identifier 2005–NM–134–

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 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 certain Airbus Model A330–

200, A330–300, A340–200, and A340–

300 series airplanes. The DGAC advises 

that a report was received indicating 

significant cracking in the aft web of 

support rib 6 on the left and right wings 

on a Model A330 series airplane. When 

the cracking was found, during an 8Ccheck, the airplane had accumulated 

10,441 total flight cycles and 40,153 

total flight hours. The cracking was 

located in the lower part of the rib 6 aft 

hole between bottom skin stringers 18 

and 20. The cracking extended from the 

fuel pipe fastener holes to the lower 

edge of the rib 6 hole and into the refuel 

pipe hole where the cracking had gone 

through the full thickness of the rib. 

Subsequent inspections on several 

Model A330 and A340 series airplanes 

revealed similar cracking in the same 

area. These conditions, if not corrected, 

could result in overloading of adjacent 

ribs and the surrounding wing structure 

and consequent reduced structural 

integrity of the wing. 

Relevant Service Information 

Airbus has issued Service Bulletins 

A330–57–3085 (for Model A330 series 

airplanes) and A340–57–4093 (for 

Model A340 series airplanes), both 

Revision 01, both dated March 25, 2005. 

The service bulletins describe 

procedures for detailed inspections for 

cracking in the aft web of support rib 6 

between bottom skin stringers 18 and 20 

on both wings, and high frequency eddy 

current (HFEC) inspections for cracking 

61928 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 

of the attachment holes of the fuel pipe 

(including a rototest inspection of the 

attachment holes of the fuel pipe 

mounting). The service bulletins also 

recommend contacting the manufacturer 

for repair instructions if any cracking is 

found, and reporting inspection 

information to the manufacturer. If no 

cracking is found, the service bulletins 

specify accomplishing the optional 

modification specified in Service 

Bulletin A330–57–3087 or A340–57–

4095, as applicable. 

The compliance thresholds for the 

initial inspections specified in Service 

Bulletin A330–57–3085 range from 

between 8,000 and 19,200 flight cycles 

or between 25,000 and 57,800 flight 

hours. The compliance thresholds for 

the initial inspections specified in 

Service Bulletin A340–57–4093 range 

from between 8,000 and 12,200 flight 

cycles or between 30,200 and 53,500 

flight hours. 

Airbus has also issued Service 

Bulletins A330–57–3087 (for Model 

A330 series airplanes) and A340–57–

4095 (for Model A340 series airplanes), 

both dated February 15, 2005. The 

service bulletins describe procedures for 

modifying the fuel pipe connector and 

the fastener holes of support rib 6. The 

modification includes, among other 

things, enlarging and cold expanding 

certain attachment holes of the fuel pipe 

connector, installing interference bolts, 

and a HFEC inspection (rotating probe 

test) of the fastener holes for cracking. 

If no cracking is found during the 

inspections specified in Service Bulletin 

A330–57–3085 or A340–57–4093, this 

optional modification may be done. 

The DGAC mandated the service 

information and issued French 

airworthiness directives F–2005–071 

and F–2005–072, both dated April 27, 

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 

Among the Proposed AD, Service 

Information, and French Airworthiness 

Directives. 

Differences Among the Proposed AD, 

Service Information, and French 

Airworthiness Directives 

Service Bulletins A330–57–3085 and 

A340–57–4093 and the French 

airworthiness directives specify to 

contact the manufacturer for repair 

instructions and an inspection schedule 

if any crack or damage is found; this 

proposed AD requires you to repair any 

cracking (and obtain a schedule for 

subsequent inspections) by using a 

method that we or the DGAC (or its 

delegated agent) approve. In light of the 

type of repair required to address the 

unsafe condition, and consistent with 

existing bilateral airworthiness 

agreements, we have determined that, 

for this proposed AD, a repair and 

inspection schedule we or the DGAC 

approve is acceptable for compliance 

with this proposed AD. 

Figure 4, Sheet 1, ‘‘Inspection Flow 

Chart,’’ of Service Bulletins A330–57–

3085 and A340–57–4093 specifies 

initial inspection thresholds for 

airplanes on which the actions in those 

service bulletins have been 

accomplished, or Airbus Modification 

53882 was done during production. 

This proposed AD would require you to 

perform the initial inspection at the 

earliest of those thresholds or within 6 

months after the effective date of the 

AD, whichever is later. We have 

included a 6-month grace period to 

ensure that any airplane that is close to 

or has passed the initial inspection 

threshold is not grounded as of the 

effective date of the AD. 

Clarification of Procedures for Certain 

Inspections 

The French airworthiness directives 

require certain follow-on inspections 

prior to next flight for airplanes above 

8,000 flight cycles or 30,200 flight hours 

with at least one wing rib 6 not repaired 

or modified after a hard or overweight 

landing of the airplane; however, there 

are no procedures specified in Service 

Bulletins A330–57–3085 and A340–57–

4093 for accomplishing those 

inspections. Therefore, we have 

determined that, for this proposed AD, 

inspections we or the DGAC approve are 

acceptable for compliance with the 

inspections required by the French 

airworthiness directives. We have 

provided other methods to comply, as 

specified in the French airworthiness 

directives. 

Interim Action 

We consider this proposed AD 

interim action. The manufacturer is 

currently developing a modification that 

will address the unsafe condition 

identified in this proposed AD. Once 

this modification is developed, 

approved, and available, we may 

consider additional rulemaking. 

Costs of Compliance 

This proposed AD would affect about 

25 airplanes of U.S. registry. 

The proposed inspections would take 

about 4 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the proposed inspections for U.S. 

operators is $6,500, or $260 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. 

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, 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 61929 

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–2005–22812; 

Directorate Identifier 2005–NM–134–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 Airbus Model A330–

201, –202, –203, –223, and –243; A330–301, 

–321, –322, –323, –341, –342, and –343; 

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

–312, and –313 airplanes, certificated in any 

category; on which Airbus Modification 

41114 or 44599 was done during production. 

Unsafe Condition 

(d) This AD results from a report of 

significant cracking found in the aft web of 

support rib 6 on both wings. We are issuing 

this AD to prevent cracking in the aft web of 

support rib 6, which could result in 

overloading of adjacent ribs and the 

surrounding wing structure and consequent 

reduced structural integrity of the wing. 

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. 

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.’’

Repetitive Inspections 

(f) For Model A330 series airplanes on 

which Airbus Modification 53882 was not 

done during production: At the applicable 

time specified in paragraph (f)(1), (f)(2), or 

(f)(3) of this AD; perform a detailed 

inspection for cracking in the aft web of 

support rib 6 between bottom skin stringers 

18 and 20 on both wings, and high frequency 

eddy current inspections for cracking of the 

attachment holes of the fuel pipe and fuel 

pipe mounting, by doing all the actions in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330–

57–3085, Revision 01, dated March 25, 2005. 

Repeat the inspections thereafter at intervals 

not to exceed 8,000 flight cycles or 25,000 

flight hours, whichever is first. 

(1) For airplanes that have accumulated 

7,999 or fewer total flight cycles, and 24,999 

or fewer total flight hours, as of the effective 

date of this AD: Do the inspections at the 

later of the times specified in paragraphs 

(f)(1)(i) and (f)(1)(ii) of this AD. 

(i) Before the accumulation of 8,000 total 

flight cycles or 25,000 total flight hours after 

the effective date of this AD, whichever is 

first. 

(ii) Within 8 months after the effective date 

of this AD. 

(2) For airplanes that have accumulated 

8,000 or more total flight cycles, but fewer 

than 10,000 total flight cycles; or 25,000 or 

more total flight hours, but fewer than 30,000 

total flight hours; as of the effective date of 

this AD: Do the inspections at the later of the 

times specified in paragraphs (f)(2)(i) and 

(f)(2)(ii) of this AD. 

(i) Before the accumulation of 10,000 flight 

cycles or 30,000 flight hours after the 

effective date of this AD, whichever is first. 

(ii) Within 8 months after the effective date 

of this AD. 

(3) For airplanes that have accumulated 

10,000 or more total flight cycles or 30,000 

or more total flight hours as of the effective 

date of this AD: Do the inspections within 3 

months after the effective date of this AD. 

(g) For Model A330 series airplanes on 

which Airbus Modification 53882 was done 

during production or on which Airbus 

Service Bulletin A330–57–3087, dated 

February 15, 2005, has been done: Perform 

the applicable inspections required by 

paragraph (f) of this AD at the earliest of the 

initial inspection thresholds specified in 

Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of 

Airbus Service Bulletin A330–57–3085, 

Revision 01, dated March 25, 2005; or within 

6 months after the effective date of this AD, 

whichever is later. Repeat the inspections 

required by paragraph (f) of this AD at the 

time specified in paragraph (f) of this AD. 

(h) For Model A340 series airplanes on 

which Airbus Modification 53882 was not 

done during production: Perform inspections 

required by paragraph (f) of this AD at the 

applicable time specified in paragraph (h)(1), 

(h)(2), or (h)(3) of this AD. Perform the 

inspections by doing all the actions in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A340–

57–4093, Revision 01, dated March 25, 2005. 

Repeat the inspections thereafter at intervals 

not to exceed 8,000 flight cycles or 30,200 

flight hours, whichever is first. 

(1) For airplanes that have accumulated 

7,999 or fewer total flight cycles and 30,199 

or fewer total flight hours as of the effective 

date of this AD: Do the inspections at the 

later of the times specified in paragraphs 

(h)(1)(i) and (h)(1)(ii) of this AD. 

(i) Before the accumulation of 8,000 total 

flight cycles or 30,200 total flight hours after 

the effective date of this AD, whichever is 

first. 

(ii) Within 8 months after the effective date 

of this AD. 

(2) For airplanes that have accumulated 

8,000 or more but fewer than 10,000 total 

flight cycles or 30,200 or more but less than 

43,700 total flight hours, as of the effective 

date of this AD: Do the inspections at the 

later of the times specified in paragraphs 

(h)(2)(i) and (h)(2)(ii) of this AD. 

(i) Before the accumulation of 10,000 total 

flight cycles or 43,700 total flight hours after 

the effective date of this AD, whichever is 

first. 

(ii) Within 8 months after the effective date 

of this AD. 

(3) For airplanes that have accumulated 

10,000 or more total flight cycles or 43,700 

or more total flight hours as of the effective 

date of this AD: Do the inspections within 3 

months after the effective date of this AD. 

(i) For Model A340 series airplanes on 

which Airbus Modification 53882 was done 

during production or on which Airbus 

Service Bulletin A340–57–4095, dated 

February 15, 2005, has been done: Perform 

the applicable inspections required by 

paragraph (f) of this AD at the earliest of the 

initial inspection thresholds specified in 

Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of 

Airbus Service Bulletin A340–57–4093, 

Revision 01, dated March 25, 2005; or within 

6 months after the effective date of this AD, 

whichever is later. Repeat the inspections 

required by paragraph (f) of this AD at the 

time specified in paragraph (h) of this AD. 

Optional Modification 

(j) For airplanes on which no cracking is 

found during any inspection required by this 

AD: Accomplishing the modification of the 

fuel pipe connector and the fastener holes of 

support rib 6 on both wings by doing all the 

actions specified in the Accomplishment 

Instructions of Airbus Service Bulletin A330–

57–3087, or A340–57–4095, both dated 

February 15, 2005, as applicable, would 

extend the interval for the next inspection to 

the applicable post-mod inspection threshold 

specified in Figure 4, Sheet 1, ‘‘Inspection 

Flow Chart’’ of Airbus Service Bulletins 

A330–57–3085 and A340–57–4093, both 

Revision 01, both dated March 25, 2005, as 

applicable. After accomplishing that 

inspection, repeat the applicable inspections 

required by paragraph (f) or (h) of this AD at 

the applicable repetitive inspection interval 

specified in Figure 4. 

Note 2: There is currently no terminating 

action available for the repetitive inspections 

required by this AD. 

61930 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 

1Energy Policy Act of 2005, Pub. L. 109–58, 119 

Stat. 594 (2005). 

2 15 U.S.C. 717 et al. (2004). 

3 16 U.S.C. 791a et al. (2004). 

4Securities and Exchange Act of 1934, 15 U.S.C. 

78j(b) (2005) (Exchange Act). 

5 17 CFR 240.10b–5 (2005). 

6This reliance on the use of SEC precedent is 

consistent with Congress’ expressed intent in 

sections 315 and 1283 that any ‘‘manipulative or 

deceptive device or contrivance’’ is prohibited ‘‘as 

those terms are used in section 10(b) of the 

Securities and Exchange Act of 1934’’ and Congress’

modeling sections 315 and 1283 of EPAct 2005 after 

section 10(b) of the Exchange Act. 

Inspections Accomplished According to 

Previous Issue of Service Bulletins 

(k) Inspections accomplished before the 

effective date of this AD according to Airbus 

All Operator Telexes A330–57–3085 and 

A340–57–4093, both dated December 15, 

2004; are considered acceptable for 

compliance with the corresponding 

inspections specified in this AD. 

Repair 

(l) Except as required by paragraph (m) of 

this AD: If any cracking is found during any 

inspection required by this AD: Repair before 

further flight and get a schedule for 

subsequent inspections, according to a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate; or the Direction 

Ge ́ne ́rale de l’Aviation (DGAC) (or its 

delegated agent). 

Hard or Overweight Landing 

(m) For Model A330 series airplanes with 

8,000 or more total flight cycles or 25,000 or 

more total flight hours, and Model A340 

series airplanes with 8,000 or more total 

flight cycles or 30,200 or more total flight 

hours that have not been modified in 

accordance with paragraph (j) of this AD: 

Before further flight after any hard or 

overweight landing of the airplane, 

accomplish the applicable follow-on 

inspections and any applicable corrective 

actions according to a method approved by 

either the Manager, International Branch, 

ANM–116; or the DGAC (or its delegated 

agent). Accomplishing the inspections in 

Airbus A330/A340 Airplane Maintenance 

Manual, Chapter 05–51–11, dated April 1, 

2005, titled ‘‘Inspection After Hard/ 

Overweight Landing—Inspection/Check,’’ or 

Airbus Technical Disposition (TD) TD/J1/S3/ 

00608/2005, dated April 26, 2005, titled 

‘‘Inspections following hard landing, both 

wings,’’ is considered one approved method. 

(Operators can obtain the TD from Airbus.) 

Reporting Requirement 

(n) If any crack is found during any 

inspection required by this AD: Submit a 

report of the findings to Airbus Repair 

Engineering, Dept SER–1, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. Submit the report at the applicable 

time specified in paragraph (n)(1) or (n)(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 the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, International Branch, 

ANM–116, 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 

(p) French airworthiness directives F–

2005–071 and F–2005–072, both dated April 

27, 2005, also address the subject of this AD. 

Issued in Renton, Washington, on October 

20, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21429 Filed 10–26–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 47 and 159 

[Docket No. RM06–3–000] 

Prohibition of Energy Market 

Manipulation 

Issued October 20, 2005. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Pursuant to Title III, Subtitle 

B, and Title XII, Subtitle G of the Energy 

Policy Act of 2005, the Federal Energy 

Regulatory Commission (Commission) is 

proposing rules to implement new 

section 222 of the Federal Power Act 

and new section 4A of the Natural Gas 

Act, prohibiting the employment of 

manipulative or deceptive devices or 

contrivances. The Commission seeks 

public comment on the regulations 

proposed herein. 

DATES: Comments are due November 17, 

2005. Reply comments are due 

November 25, 2005. 

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE., Washington, DC 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Frank Karabetsos, Office of General 

Counsel, Federal Energy Regulatory, 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–8133, 

Frank.Karabetsos@ferc.gov. 

Mark Higgins, Office of Market 

Oversight and Investigations, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

(202) 502–8273, Mark.Higgins@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

1. On August 8, 2005, the Energy 

Policy Act of 2005 (EPAct 2005) 1 was 

signed into law. Sections 315 and 1283 

of EPAct 2005, amending the Natural 

Gas Act 2 and the Federal Power Act,3

respectively, are virtually identical, and 

prohibit the use or employment of 

manipulative or deceptive devices or 

contrivances in connection with the 

purchase or sale of natural gas, electric 

energy, or transportation or 

transmission services subject to the 

jurisdiction of the Commission. These 

anti-manipulation sections of EPAct 

2005 closely track the prohibited 

conduct language in section 10(b) of the 

Securities Exchange Act of 1934,4 and 

specifically dictate that the terms 

‘‘manipulative or deceptive device or 

contrivance’’ are to be used ‘‘as those 

terms are used in section 10(b).’’

2. The Securities and Exchange 

Commission (SEC) has adopted Rule 

10b–5,5 which implemented section 

10(b) of the Exchange Act, and has 

developed a significant body of legal 

precedent related to both section 10(b) 

of the Exchange Act and Rule 10b–5. 

Consistent with the mandate that the 

Commission’s new authority be 

exercised in a manner consistent with 

section 10(b) of the Exchange Act, the 

Commission has modeled its proposed 

regulations on Rule 10b–5.6 This 

approach should provide benefits to 

entities subject to the new rule because 

there is a substantial body of precedent