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Federal Register / Vol. 70, No.

151 / Monday, August 8, 2005 / Proposed Rules 45587

Affected ADs Applicability: (c) This AD applies to Information Letter 8930–26–01, as installed
(b) Accomplishment of certain actions Meggitt Model 602 smoke detectors approved on various transport category airplanes,
required by this AD terminates certain under Technical Standard Order (TSO) TSO– certificated in any category, including but not
requirements of AD 2005–02–04, amendment C1C and having any P/N 8930–( ) identified limited to the airplane models listed in Table
39–13949. in Meggitt Safety Systems Service 1 of this AD.

TABLE 1.—CERTAIN AFFECTED AIRPLANES


Manufacturer Model

Aerospatiale .................................... ATR42–200, –300, –320, and –500 airplanes.


ATR72–101, –201, –102, –202, –211, –212, and –212A airplanes.
Boeing ............................................. 727, 727C, 727–100, 727 –100C, 727–200, and 727–200F series airplanes.
737–100, –200, –200C, –300, –400, –500, –600, –700, –700C, –800 and –900 series airplanes.
McDonnell Douglas ......................... DC–10–10 and DC–10–10F; DC–10–15; DC–10–30 and DC–10–30F, (KC–10A and KDC–10); and DC–
10–40 and DC–10–40F airplanes.
MD–10–10F and MD–10–30F airplanes.
MD–11 and MD–11F airplanes.

Unsafe Condition Issued in Renton, Washington, on August ADDRESSES: Use one of the following
(d) This AD is prompted by a report 1, 2005. addresses to submit comments on this
indicating that the affected smoke detectors Ali Bahrami, proposed AD.
can ‘‘lock up’’ during electrical power Manager, Transport Airplane Directorate, • DOT Docket Web site: Go to
transfer from the auxiliary power unit (APU) Aircraft Certification Service. http://dms.dot.gov and follow the
to the engines. We are issuing this AD to [FR Doc. 05–15590 Filed 8–5–05; 8:45 am] instructions for sending your comments
identify and provide corrective action for a BILLING CODE 4910–13–P electronically.
potentially inoperative smoke detector and to • Government-wide Rulemaking Web
ensure that the flightcrew is alerted in the site: Go to http://www.regulations.gov
event of a fire. DEPARTMENT OF TRANSPORTATION and follow the instructions for sending
Compliance: (e) You are responsible for your comments electronically.
having the actions required by this AD Federal Aviation Administration • Mail: Docket Management Facility,
performed within the compliance times U.S. Department of Transportation, 400
specified, unless the actions have already 14 CFR Part 39 Seventh Street SW., Nassif Building,
been done. Room PL–401, Washington, DC 20590.
[Docket No. FAA–2005–22032; Directorate • Fax: (202) 493–2251.
Smoke Detector Identification/Replacement Identifier 2005–NM–049–AD]
• Hand Delivery: Room PL–401 on
(f) Within 6 months after the effective date the plaza level of the Nassif Building,
of this AD, replace the affected smoke RIN 2120–AA64 400 Seventh Street SW., Washington,
detector with a modified smoke detector, in
Airworthiness Directives; Airbus Model DC, between 9 a.m. and 5 p.m., Monday
accordance with Meggitt Safety Systems
A300 B4–620, A310–304, A310–324, through Friday, except Federal holidays.
Service Information Letter 8930–26–01.
and A310–325 Airplanes Contact Airbus, 1 Rond Point Maurice
Effect on AD 2005–02–04 Bellonte, 31707 Blagnac Cedex, France,
(g) For airplanes subject to the AGENCY: Federal Aviation for service information identified in this
requirements of AD 2005–02–04: After all Administration (FAA), Department of proposed AD.
affected smoke detectors have been replaced Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Tim
with modified smoke detectors in accordance ACTION: Notice of proposed rulemaking Backman, Aerospace Engineer,
with paragraph (f) of this AD, the operational (NPRM). International Branch, ANM–116, FAA,
limitation required by paragraph (h) of AD Transport Airplane Directorate, 1601
2005–02–04 is terminated and may be SUMMARY: The FAA proposes to adopt a Lind Avenue, SW., Renton, Washington
removed from the airplane flight manual. new airworthiness directive (AD) for 98055–4056; telephone (425) 227–2797;
certain Airbus Model A300 B4–620, fax (425) 227–1149.
Parts Installation A310–304, A310–324, and A310–325
SUPPLEMENTARY INFORMATION:
(h) As of the effective date of this AD, no airplanes. This proposed AD would
person may install on any airplane a Meggitt require installing fused adaptors Comments Invited
Model 602 smoke detector having any P/N between the external wiring harness and We invite you to submit any relevant
8930–( ) identified in Meggitt Service the in-tank wiring at the connectors on written data, views, or arguments
Information Letter 8930–26–01, dated the fuel tank wall of the auxiliary center regarding this proposed AD. Include the
November 8, 2004. tank (ACT). This proposed AD is docket number ‘‘Docket No. FAA–2005–
Alternative Methods of Compliance prompted by the results of fuel system 22032; Directorate Identifier 2005–NM–
(AMOCs) reviews conducted by the manufacturer. 049–AD’’ at the beginning of your
We are proposing this AD to prevent an comments. We specifically invite
(i) The Manager, Los Angeles Aircraft
ignition source in the ACT, which, in comments on the overall regulatory,
Certification Office, FAA, has the authority to
combination with flammable fuel economic, environmental, and energy
approve AMOCs for this AD, if requested in
vapors, could result in a fuel tank aspects of the proposed AD. We will
accordance with the procedures found in 14
explosion and consequent loss of the consider all comments received by the
CFR 39.19.
airplane. closing date and may amend the
DATES: We must receive comments on proposed AD in light of those
this proposed AD by September 7, 2005. comments.

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45588 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

We will post all comments we we issued a regulation titled ‘‘Transport experience. For all four criteria, the
receive, without change, to http:// Airplane Fuel Tank System Design evaluations included consideration of
dms.dot.gov, including any personal Review, Flammability Reduction and previous actions taken that may mitigate
information you provide. We will also Maintenance and Inspection the need for further action.
post a report summarizing each Requirements’’ (67 FR 23086, May 7, The Joint Aviation Authorities (JAA)
substantive verbal contact with FAA 2001). In addition to new airworthiness has issued a regulation that is similar to
personnel concerning this proposed AD. standards for transport airplanes and SFAR 88. (The JAA is an associated
Using the search function of our docket new maintenance requirements, this body of the European Civil Aviation
Web site, anyone can find and read the rule included Special Federal Aviation Conference (ECAC) representing the
comments in any of our dockets, Regulation No. 88 (‘‘SFAR 88,’’ civil aviation regulatory authorities of a
including the name of the individual Amendment 21–78, and subsequent number of European States who have
who sent the comment (or signed the Amendments 21–82 and 21–83). agreed to co-operate in developing and
comment on behalf of an association, Among other actions, SFAR 88 implementing common safety regulatory
business, labor union, etc.). You may requires certain type design (i.e., type standards and procedures.) Under this
review the DOT’s complete Privacy Act certificate (TC) and supplemental type regulation, the JAA stated that all
Statement in the Federal Register certificate (STC)) holders to substantiate members of the ECAC that hold type
published on April 11, 2000 (65 FR that their fuel tank systems can prevent certificates for transport category
19477–78), or you may visit http:// ignition sources in the fuel tanks. This airplanes are required to conduct a
dms.dot.gov. requirement applies to type design design review against explosion risks.
holders for large turbine-powered The Direction Générale de l’Aviation
Examining the Docket
transport airplanes and for subsequent Civile (DGAC), which is the
You may examine the AD docket on modifications to those airplanes. It airworthiness authority for France,
the Internet at http://dms.dot.gov, or in requires them to perform design reviews notified us that an unsafe condition may
person at the Docket Management and to develop design changes and exist on certain Airbus Model A300 B4–
Facility office between 9 a.m. and 5 maintenance procedures if their designs 620, A310–304, A310–324, and A310–
p.m., Monday through Friday, except do not meet the new fuel tank safety 325 airplanes. The DGAC advises that
Federal holidays. The Docket standards. As explained in the preamble the electrical wiring for the fuel quantity
Management Facility office (telephone to the rule, we intended to adopt indicators (FQIs) of the auxiliary center
(800) 647–5227) is located on the plaza airworthiness directives to mandate any tank (ACT) is installed in harnesses that
level of the Nassif Building at the DOT changes found necessary to address also contain 115V wiring that supplies
street address stated in the ADDRESSES unsafe conditions identified as a result other systems. The DGAC further
section. Comments will be available in of these reviews. advises that, pursuant to SFAR 88 and
the AD docket shortly after the Docket In evaluating these design reviews, we JAA reviews, the electrical routing of
Management System receives them. have established four criteria intended the ACT FQI wiring should be improved
to define the unsafe conditions by segregating it from the 115V wiring.
Discussion
associated with fuel tank systems that Wiring that is not segregated could
The FAA has examined the require corrective actions. The result in an ignition source in the ACT,
underlying safety issues involved in percentage of operating time during which, in combination with flammable
recent fuel tank explosions on several which fuel tanks are exposed to fuel vapors, could result in a fuel tank
large transport airplanes, including the flammable conditions is one of these explosion and consequent loss of the
adequacy of existing regulations, the criteria. The other three criteria address airplane.
service history of airplanes subject to the failure types under evaluation:
those regulations, and existing single failures, single failures in Relevant Service Information
maintenance practices for fuel tank combination with another latent Airbus has issued the service
systems. As a result of those findings, condition(s), and in-service failure bulletins in the following table.

AIRBUS SERVICE BULLETINS


Service bulletin Revision Date Model

A300–28–6073 ................................ Original .... December 23, 2004 A300 B4–620 airplanes.
A310–28–2149 ................................ Original .... September 29, A310–304, A310–324, and A310–325 airplanes.
2004.

These service bulletins describe continued airworthiness of these kept the FAA informed of the situation
procedures for installing fused adaptors airplanes in France. described above. We have examined the
between the external wiring harness and FAA’s Determination and Requirements DGAC’s findings, evaluated all pertinent
the in-tank wiring at the connectors on of the Proposed AD information, and determined that we
the fuel tank wall of the ACT. need to issue an AD for airplanes of this
Accomplishing the actions specified in These airplane models are type design that are certificated for
manufactured in France and are type
the service information is intended to operation in the United States.
certificated for operation in the United
adequately address the unsafe Therefore, we are proposing this AD,
States under the provisions of section
condition. The DGAC mandated the 21.29 of the Federal Aviation which would require accomplishing the
service information and issued French Regulations (14 CFR 21.29) and the actions specified in the service
airworthiness directive F–2005–021, applicable bilateral airworthiness information described previously.
dated February 2, 2005, to ensure the agreement. Pursuant to this bilateral
airworthiness agreement, the DGAC has

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45589

Difference Between the French section 106, describes the authority of The Proposed Amendment
Airworthiness Directive and This the FAA Administrator. Subtitle VII, Accordingly, under the authority
Proposed AD Aviation Programs, describes in more delegated to me by the Administrator,
The applicability of French detail the scope of the Agency’s the FAA proposes to amend 14 CFR part
airworthiness directive F–2005–021 authority. 39 as follows:
excludes airplanes on which Airbus We are issuing this rulemaking under
Service Bulletin A300–28–6073 or the authority described in subtitle VII, PART 39—AIRWORTHINESS
Airbus Service Bulletin A310–28–2149 part A, subpart III, section 44701, DIRECTIVES
was accomplished in service. However, ‘‘General requirements.’’ Under that
section, Congress charges the FAA with 1. The authority citation for part 39
we have not excluded those airplanes in
promoting safe flight of civil aircraft in continues to read as follows:
the applicability of this proposed AD;
rather, this proposed AD includes a air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701.
requirement to accomplish the actions for practices, methods, and procedures
the Administrator finds necessary for § 39.13 [Amended]
specified in those service bulletins. This
requirement would ensure that the safety in air commerce. This regulation 2. The Federal Aviation
actions specified in the service bulletins is within the scope of that authority Administration (FAA) amends § 39.13
and required by this proposed AD are because it addresses an unsafe condition by adding the following new
accomplished on all affected airplanes. that is likely to exist or develop on airworthiness directive (AD):
Operators must continue to operate the products identified in this rulemaking Airbus: Docket No. FAA–2005–22032;
airplane in the configuration required action. Directorate Identifier 2005–NM–049–AD.
by this proposed AD unless an Regulatory Findings Comments Due Date
alternative method of compliance is
We have determined that this (a) The FAA must receive comments on
approved. This difference has been this AD action by September 7, 2005.
coordinated with the DGAC. proposed AD would not have federalism
implications under Executive Order Affected ADs
Costs of Compliance 13132. This proposed AD would not (b) None.
This proposed AD would affect about have a substantial direct effect on the Applicability: (c) This AD applies to Airbus
2 airplanes of U.S. registry. The States, on the relationship between the Model A300 B4–620, A310–304, A310–324,
proposed actions would take about 52 national Government and the States, or and A310–325 airplanes, certificated in any
work hours per airplane, at an average on the distribution of power and category; equipped with one or more
labor rate of $65 per work hour. responsibilities among the various auxiliary center tank (ACT), except those on
which Airbus Modification 12471 has been
Required parts would cost about $5,410 levels of government. accomplished in production.
per ACT (up to two ACTs per airplane). For the reasons discussed above, I
Based on these figures, the estimated certify that the proposed regulation: Unsafe Condition
cost of the proposed AD for U.S. 1. Is not a ‘‘significant regulatory (d) This AD is prompted by the results of
operators is $8,790 per ACT, per action’’ under Executive Order 12866; fuel system reviews conducted by the
airplane. manufacturer. We are issuing this AD to
2. Is not a ‘‘significant rule’’ under the prevent an ignition source in the ACT,
Currently, there are no Model A300
DOT Regulatory Policies and Procedures which, in combination with flammable fuel
B4–620 airplanes of U.S. registry with
(44 FR 11034, February 26, 1979); and vapors, could result in a fuel tank explosion
one or more ACTs. However, if an
3. Will not have a significant and consequent loss of the airplane.
affected airplane is imported and placed Compliance: (e) You are responsible for
on the U.S. Register in the future, the economic impact, positive or negative,
on a substantial number of small entities having the actions required by this AD
required actions would take about 52 performed within the compliance times
work hours, at an average labor rate of under the criteria of the Regulatory specified, unless the actions have already
$65 per work hour. Required parts Flexibility Act. been done.
would cost about $10,730 per ACT, per We prepared a regulatory evaluation
Modification
airplane. Based on these figures, we of the estimated costs to comply with
this proposed AD. See the ADDRESSES (f) Within 24 months after the effective
estimate the cost of this AD to be
section for a location to examine the date of this AD: Install fused adaptors
$14,110 per ACT. between the external wiring harness and the
regulatory evaluation.
Authority for This Rulemaking in-tank wiring at the connectors on the fuel
List of Subjects in 14 CFR Part 39 tank wall of the ACT by doing all the actions
Title 49 of the United States Code specified in the Accomplishment
specifies the FAA’s authority to issue Air transportation, Aircraft, Aviation Instructions of the applicable service bulletin
rules on aviation safety. Subtitle I, safety, Safety. in Table 1 of this AD.

TABLE 1.—AIRBUS SERVICE BULLETINS


Airbus service bulletin Revision Date Model

A300–28–6073 ................................ Original .... December 23, 2004 A300 B4–620 airplanes.
A310–28–2149 ................................ Original .... September 29, A310–304, A310–324, and A310–325 airplanes.
2004.

Alternative Methods of Compliance to approve AMOCs for this AD, if requested Related Information
(AMOCs) in accordance with the procedures found in (h) French airworthiness directive F–2005–
(g) The Manager, ANM–116, Transport 14 CFR 39.19. 021, dated February 2, 2005, also addresses
Airplane Directorate, FAA, has the authority the subject of this AD.

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45590 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

Issued in Renton, Washington, on August for sending your comments comment on behalf of an association,
2, 2005. electronically. business, labor union, etc.). You can
Kevin Mullin, • Government-wide Rulemaking Web review the DOT’s complete Privacy Act
Acting Manager, Transport Airplane Site: Go to http://www.regulations.gov Statement in the Federal Register
Directorate, Aircraft Certification Service. and follow the instructions for sending published on April 11, 2000 (65 FR
[FR Doc. 05–15591 Filed 8–5–05; 8:45 am] your comments electronically. 19477–78), or you can visit http://
BILLING CODE 4910–13–P • Mail: Docket Management Facility; dms.dot.gov.
U.S. Department of Transportation, 400
Examining the Docket
Seventh Street SW., Nassif Building,
DEPARTMENT OF TRANSPORTATION room PL–401, Washington, DC 20590. You can examine the AD docket on
• Fax: (202) 493–2251. the Internet at http://dms.dot.gov, or in
Federal Aviation Administration • Hand Delivery: Room PL–401 on person at the Docket Management
the plaza level of the Nassif Building, Facility office between 9 a.m. and 5
14 CFR Part 39 400 Seventh Street SW., Washington, p.m., Monday through Friday, except
[Docket No. FAA–2005–22033; Directorate DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket
Identifier 2004–NM–218–AD] through Friday, except Federal holidays. Management Facility office (telephone
For service information identified in (800) 647–5227) is located on the plaza
RIN 2120–AA64 level of the Nassif Building at the DOT
this proposed AD, contact Empresa
Brasileira de Aeronautica S.A. street address stated in the ADDRESSES
Airworthiness Directives; Empresa
(EMBRAER), P.O. Box 343—CEP 12.225, section. Comments will be available in
Brasileira de Aeronautica S.A.
Sao Jose dos Campos—SP, Brazil. the AD docket shortly after the DMS
(EMBRAER) Model EMB–135 Airplanes
You can examine the contents of this receives them.
and Model EMB–145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP AD docket on the Internet at http:// Discussion
Airplanes dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department On April 21, 2003, we issued AD
AGENCY: Federal Aviation of Transportation, 400 Seventh Street 2003–09–03, amendment 39–13132 (68
Administration (FAA), Department of SW., room PL–401, on the plaza level of FR 22585, dated April 29, 2003), for
Transportation (DOT). the Nassif Building, Washington, DC. certain EMBRAER Model EMB–135
ACTION: Notice of proposed rulemaking This docket number is FAA–2005– airplanes and Model EMB–145, –145ER,
(NPRM). 22033; the directorate identifier for this –145MR, –145LR, –145XR, –145MP, and
docket is 2004–NM–218–AD. –145EP airplanes. That AD requires
SUMMARY: The FAA proposes to repetitive inspections of the spring
FOR FURTHER INFORMATION CONTACT:
supersede an existing airworthiness cartridges of the elevator gust lock
Todd Thompson, Aerospace Engineer,
directive (AD) that applies to certain system to determine if the lock washer
International Branch, ANM–116, FAA,
EMBRAER Model EMB–135 airplanes projection correctly fits the slots in the
Transport Airplane Directorate, 1601
and Model EMB–145, –145ER, –145MR, cartridge flange, and corrective action if
Lind Avenue, SW., Renton, Washington
–145LR, –145XR, –145MP, and –145EP necessary. That AD also provides for
98055–4056; telephone (425) 227–1175;
airplanes. The existing AD currently interim optional terminating action for
fax (425) 227–1149.
requires repetitive inspections of the the repetitive inspections for certain
SUPPLEMENTARY INFORMATION: airplanes. That AD was prompted by
spring cartridges of the elevator gust
lock system to determine if the lock Comments Invited reports of spring cartridges unscrewing
washer projection correctly fits the slots in the electromechanical gust lock
We invite you to submit any relevant system. We issued that AD to prevent
in the cartridge flange, and corrective
written data, views, or arguments the elevator from jamming due to the
action if necessary. The existing AD also
regarding this proposed AD. Send your spring cartridges unscrewing in the gust
provides for interim optional
comments to an address listed under lock system, which could result in
terminating action for the repetitive
ADDRESSES. Include ‘‘Docket No. FAA–
inspections for certain airplanes. This reduced controllability of the airplane.
2005–22033; Directorate Identifier
proposed AD would retain the Action Since Existing AD Was Issued
2004–NM–218–AD’’ at the beginning of
requirements of the existing AD, and
your comments. We specifically invite Since we issued AD 2003–09–03, the
provide for final terminating action for
comments on the overall regulatory, Departmento de Aviacao Civil (DAC),
all affected airplanes. This proposed AD
economic, environmental, and energy which is the airworthiness authority for
is prompted by reports of an improperly
aspects of the proposed AD. We will Brazil, issued Brazilian airworthiness
fitting lock washer causing the clevis of
consider all comments received by the directive 2003–01–03R1, dated July 26,
the spring cartridge in the
closing date and may amend the 2004, to mandate replacing the existing
electromechanical elevator gust lock
proposed AD in light of those spring cartridges with improved spring
system to become unscrewed. We are
comments. cartridges having a new part number.
proposing this AD to prevent
We will post all comments we
unscrewing of the spring cartridge clevis Relevant Service Information
receive, without change, to http://
from jamming the elevator, which could
dms.dot.gov, including any personal EMBRAER has issued Service Bulletin
lead to reduced controllability of the
information you provide. We will also 145LEG–27–0012, Revision 01, dated
airplane.
post a report summarizing each April 12, 2004 (for Model EMB–135BJ
DATES: We must receive comments on substantive verbal contact with FAA airplanes); and Service Bulletin 145–27–
this proposed AD by September 7, 2005. personnel concerning this proposed AD. 0102, Revision 02, dated January 20,
ADDRESSES: Use one of the following Using the search function of our docket 2005 (for Model EMB–135ER, –135KE,
addresses to submit comments on this Web site, anyone can find and read the –135KL, –135LR, –145, –145ER,
proposed AD. comments in any of our dockets, –145MR, –145LR, –145XR, –145MP, and
• DOT Docket Web Site: Go to http:/ including the name of the individual –145EP airplanes). The service bulletins
/dms.dot.gov and follow the instructions who sent the comment (or signed the describe procedures for replacing the

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