Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes, 3871-3874 [05-1514]
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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Rules and Regulations
Alternative Methods of Compliance
(u) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Material Incorporated by Reference
(v) You must use Pratt & Whitney (PW)
Alert Service Bulletin (ASB) No. JT8D A6224,
Revision 5, dated June 11, 2004, to perform
the inspections required by this AD. 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. You can get a copy from Pratt &
Whitney, 400 Main St., East Hartford, CT
06108; telephone (860) 565–8770, fax (860)
565–4503. You can review copies at the FAA,
New England Region, Office of the Regional
Counsel, 12 New England Executive Park,
Burlington, MA; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Related Information
(w) None.
Issued in Burlington, Massachusetts, on
January 14, 2005.
Francis A. Favara,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 05–1463 Filed 1–26–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; Raytheon
Aircraft Company 90, 99, 100, 200, and
300 Series Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: This document makes a
correction to Airworthiness Directive
(AD) 2005–01–04, which was published
in the Federal Register on January 6,
2005 (70 FR 1169) and applies to certain
Raytheon Aircraft Company 90, 99, 100,
200, and 300 series airplanes. We
incorrectly referenced an airplane
model number in the applicability
section of this AD. This action corrects
the applicability section of AD 2005–
01–04, Amendment 39–13928.
EFFECTIVE DATE: The effective date of
this AD remains January 6, 2005.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000–NM–70–AD; Amendment
39–13954; AD 2005–02–09]
Discussion
RIN 2120–AA64
On December 27, 2004, FAA issued
AD 2005–01–04, Amendment 39–13928
(70 FR 1169, January 6, 2005), which
applies to certain Raytheon Aircraft
Company 90, 99, 100, 200, and 300
series airplanes. That AD requires you
to check the airplane maintenance
records from January 1, 1994, up to and
including the effective date of that AD,
for any MIL–H–6000B fuel hose
replacements on the affected airplanes;
inspecting any replaced rubber fuel hose
for a spiral or diagonal external wrap
with a red or orange-red stripe along the
length of the hose with 94519 printed
along the stripe; and replacing any MIL–
H–6000B rubber fuel hose matching this
description with an FAA-approved hose
having a criss-cross or braided external
wrap.
Airworthiness Directives; Airbus Model
A319, A320, and A321 Series Airplanes
Need for the Correction
The FAA incorrectly referenced
airplane model number C90B in the
applicability section of the original AD.
Model C90B should be changed to read
C90A. This correction is needed to
prevent confusion in the field regarding
the applicability of this AD.
Accordingly, the publication of
January 6, 2005 (70 FR 1169), of
Amendment 39–13928; AD 2005–01–04,
which was the subject of FR Doc. 05–35,
is corrected as follows:
I
[Docket No. 2000–CE–38–AD; Amendment
39–13928; AD 2005–01–04]
19:04 Jan 26, 2005
SUPPLEMENTARY INFORMATION:
Correction of Publication
14 CFR Part 39
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FOR FURTHER INFORMATION CONTACT:
Jeffrey A. Pretz, Aerospace Engineer,
ACE–116W, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone:
(316) 946–4153; facsimile: (316) 946–
4407.
3871
§ 39.13
[Corrected]
On page 1171, in section 39.13
[Amended], 2., paragraph (c) (6) of the
AD, change reference from C90B to
C90A.
Action is taken herein to correct this
reference in AD 2005–01–04 and to add
this AD correction to section 39.13 of
the Federal Aviation Regulations (14
CFR 39.13).
The effective date remains January 6,
2005.
I
Issued in Kansas City, Missouri, on January
20, 2005.
David A. Downey,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–1513 Filed 1–26–05; 8:45 am]
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Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
applicable to all Airbus Model A319,
A320, and A321 series airplanes, that
requires operators to revise the
Airworthiness Limitations section (ALS)
of the Instructions for Continued
Airworthiness to incorporate new and
more restrictive service life limits for
certain items, and new and more
restrictive inspections to detect fatigue
cracking, accidental damage, or
corrosion in certain structures. The
actions specified by this AD are
intended to ensure the continued
structural integrity of these airplanes.
This action is intended to address the
identified unsafe condition.
DATES: Effective March 3, 2005.
ADDRESSES: The service information
referenced in this AD may be obtained
from Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France.
This information may be examined at
the Federal Aviation Administration
(FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2141;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION: A
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an airworthiness directive (AD)
that is applicable to all Airbus Model
A319, A320, and A321 series airplanes
was published as a supplemental notice
of proposed rulemaking (NPRM) in the
Federal Register on March 11, 2004 (69
FR 11558). That action proposed to
require operators to revise the ALS of
the Instructions for Continued
Airworthiness to incorporate new and
more restrictive service life limits for
certain items, and new and more
restrictive inspections to detect fatigue
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cracking, accidental damage, or
corrosion in certain structures.
Comments
Interested persons have been afforded
an opportunity to participate in the
making of this amendment. Due
consideration has been given to the
comments received.
Request To Change Paragraph (a)
One commenter asks that the FAA
either approve Airbus Service
Information Letter (SIL) 32–098, dated
December 22, 2003, as a method for
assigning accumulated life on parts not
previously tracked, or provide another
method for tracking these parts in
paragraph (a) of the proposed AD. The
commenter notes that incorporation of
Revision 06 of ALS sub-Sections 9–1–2
and 9–1–3 of the Maintenance Planning
Document (MPD) would require
incorporation of Airbus SIL 32–098, as
specified in Section 9–1, ‘‘Life Limits/
Monitored Parts,’’ of the MPD. The
commenter adds that certain
information contained in the SIL was
´ ´
not approved by the Direction Generale
de l’Aviation Civile (DGAC), which is
the airworthiness authority for France,
that would probably necessitate FAA
approval of an alternative method of
compliance (AMOC).
We agree with the commenter for the
reasons provided. We have added a new
Note 1 to the final rule to specify that
Airbus SIL 32–098 may be used as a
source of service information for
managing life-limited and demonstrated
fatigue life parts that were not
previously tracked. Additionally, under
the provisions of paragraph (e) of the
final rule, we may approve requests for
other methods for assigning
accumulated life on life-limited and
demonstrated fatigue life parts that were
not previously tracked if data are
submitted to substantiate that such
other methods would provide an
acceptable level of safety.
Requests for Changes to Compliance
Times
One commenter asks that the
compliance time specified in paragraph
(a) of the proposed AD be changed, but
the commenter does not suggest a new
compliance time. The commenter states
that paragraph (a) of the proposed AD
requires the revision of the ALS on ‘‘Life
Limits/Monitored Parts,’’ and
‘‘Demonstrated Fatigue Life Parts,’’
within 2 months after the effective date
of the AD. The commenter notes that
this would require the tracking,
assignment of accumulated life, if
unknown, and serialization/marking of
parts if not serialized. The commenter
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adds that this date cannot be achieved,
for the following reasons:
• The incorporation of Revision 06 of
ALS sub-Sections 9–1–2 and 9–1–3 of
the MPD would require incorporation of
Airbus SIL 32–098, as specified in
Section 9–1, ‘‘Life Limits/Monitored
Parts,’’ of the MPD when the complete
life history of a part is unknown.
• There are a number of items that
were not tracked in the original
certification of the airplane, and
detailed information about these items
was not provided by the manufacturer
after production.
• Airbus Operator Information Telex
SE999.0072/03/CL indicates the subject
SIL was available in September 2003,
but the SIL was not available until
December 2003, so operators were not
able to start the investigation
immediately.
• The SIL refers to five service
bulletins needed for serialization/
marking of certain in-service parts. Four
of the five bulletins are not yet
available; therefore, operators would not
have the proper instructions to serialize/
mark in-service parts.
We agree with the commenter that all
the documents necessary to manage
parts not previously tracked were not
available at the time of publication of
the proposed AD; we also agree that
more time is necessary to manage those
parts (track and assign accumulated
life). Therefore, for those reasons, we
have changed the compliance time
specified in paragraph (a) of the final
rule from 2 months to 6 months. In
addition, we have verified that the five
service bulletins referenced in the SIL
have since been issued, and that proper
instructions to manage parts not
previously tracked are now available.
The same commenter asks that the
compliance time specified in paragraph
(b) of the proposed AD be changed from
2 months to 6 months. The commenter
states that paragraph (b) would require
the revision of the ALS on
Airworthiness Limitation Items (ALI)
within 2 months after the effective date
of the AD. The commenter adds that this
date cannot be achieved for the
following reasons:
• Revision 06 of the MPD, subSection 9–2, introduced weight variants
to determine effectivity that would
require more time to ensure the proper
tracking of ALI tasks relative to existing
Significant Structural Items.
• Revision 06 of the MPD, subSection 9–2, lowered the inspection
threshold of certain ALI tasks. There
may be airplanes in service that already
exceed the new reduced thresholds and
some of these inspections cannot be
easily accomplished when airplanes are
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outside maintenance checks. Neither the
MPD nor the proposed AD provided any
clear instructions for the phase-in of
those inspections should airplanes have
already exceeded the new, reduced
inspection threshold.
We have reviewed and agree with the
commenter’s supporting data, and we
have changed the compliance time
specified in paragraph (b) of the final
rule from 2 months to 6 months.
Extending the compliance time allows
operators more time to determine
weight variant effectivity, and time to
phase in any inspections that have
exceeded the new or revised inspection
thresholds and intervals since the ALS
revisions were issued. In addition, we
agree that some provision for phase-in
of future revisions of the ALS that may
introduce more restrictive life limits or
inspections is necessary. We have
requested that Airbus add phase-in
criteria to future revisions of the ALS to
avoid potential problems with
complying with new or revised
inspection thresholds and intervals.
Credit for Accomplishing Repetitive
Ultrasonic Inspections in Related AD
Two commenters request that we
approve incorporation of Issue 6 of the
ALI as an acceptable AMOC for
accomplishing the ultrasonic
inspections required by AD 2004–03–
06, amendment 39–13450 (69 FR 5909,
February 9, 2004). The commenters note
that ALI tasks 571170–01–1 and –2
specify the same ultrasonic inspection
of the wing/fuselage joint cruciform
fittings that is required by AD 2004–03–
06, but at a different threshold and
interval. The commenters add that there
is a conflict between the inspection
threshold and intervals in this proposed
AD and between the inspection
threshold and interval for the same
inspection required by AD 2004–03–06.
We agree with the commenters that
there is a conflict, as stated above.
Although AD 2004–03–06 was not
referenced in the proposed AD, it is a
related AD which requires repetitive
ultrasonic inspections for fatigue
cracking in the wing/fuselage joint
cruciform fittings. We have determined
that the inspection threshold and
repetitive interval in Issue 6 of the ALI
should be used as the appropriate
threshold and repetitive interval for the
inspection in this final rule. Therefore,
we have added a new paragraph (c) to
this final rule, as follows: ‘‘For Model
A319 and A320 series airplanes:
Accomplishing the approved revision of
the ALS specified in paragraph (b) of
this AD terminates the repetitive
inspections required by paragraphs (b)
and (c) of AD 2004–03–06.’’ We have re-
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numbered subsequent paragraphs
accordingly.
the reference to paragraphs (a) and (b)
due to this change.
Clarification of Paragraph (b)
Conclusion
One commenter asks for clarification
that the revision of the ALS, as specified
in paragraph (b) of the proposed AD,
must be done in accordance with only
Airbus A318/A319/A320/A321 ALI AI/
SE–M4/95A.0252/96, Issue 6, dated May
15, 2003 (approved by the DGAC on July
15, 2003). The commenter states that
Revision 06 of the MPD dated June 13,
2003, did not revise sub-Section 9–2.
We agree that Revision 06 of the MPD
did not revise sub-Section 9–2. This AD
specifies incorporation of both MPD
sub-Section 9–2, Revision 06, and
Airbus ALI AI/SE–M4/95A.0252/96,
Issue 6, dated May 15, 2003; MPD subSection 9–2 references Airbus ALI AI/
SE–M4/95A.0252/96 as the official
repository for the ALI; both documents
need to be incorporated to avoid any
confusion. In addition, we have
determined that the references in both
paragraphs (a) and (b) of this final rule
need clarification. The reference to
incorporating into the ALS sub-Section
9–1–2 and sub-Section 9–1–3, as
specified in paragraph (a) of the
proposed AD, is the wrong reference
and should instead specify
incorporating Airbus A318/A319/A320/
A321 MPD, sub-Section 9–1–2 and subSection 9–1–3. Additionally, an
incorrect title was used in the proposed
AD for sub-Section 9–1–2, ‘‘Life Limits/
Monitored Parts.’’ That title should be
‘‘Life Limited Parts.’’ We have corrected
that title in this final rule. The reference
to incorporating into the ALS subSection 9–2, as specified in paragraph
(b) of the proposed AD, is the wrong
reference and should instead reference
incorporating Airbus A318/A319/A320/
A321 MPD, sub-Section 9–2.
After careful review of the available
data, including the comments noted
above, we have determined that air
safety and the public interest require the
adoption of the rule with the changes
previously described. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Change to Final Rule
We have changed paragraphs (a) and
(b) of this final rule to specify that the
actions must be done in accordance
with a method approved by the
Manager, International Branch, ANM–
116, Transport Airplane Directorate,
FAA; or the DGAC (or its delegated
agent). In addition, incorporating Airbus
A318/A319/A320/A321 Maintenance
Planning Document (MPD), sub-Section
9–1–2, ‘‘Life Limited Parts,’’ and subSection 9–1–3, ‘‘Demonstrated Fatigue
Life Parts,’’ and Airbus A318/A319/
A320/A321 MPD, sub-Section 9–2,
‘‘Airworthiness Limitation Items,’’ are
listed as approved methods of
compliance for accomplishing the
actions. We have also changed
paragraph (d) of this final rule to remove
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Cost Impact
There are approximately 605
airplanes of U.S. registry affected by this
AD. It takes approximately 1 work hour
per airplane to accomplish the revision
to the ALS, at an average labor rate of
$65 per work hour. Based on these
figures, the cost impact of the AD on
U.S. operators is estimated to be
$39,325, or $65 per airplane.
The cost impact figure discussed
above is based on assumptions that no
operator has yet accomplished any of
the requirements of this AD action, and
that no operator would accomplish
those actions in the future if this AD
were not adopted. The cost impact
figures discussed in AD rulemaking
actions represent only the time
necessary to perform the specific actions
actually required by the AD. These
figures typically do not include
incidental costs, such as the time
required to gain access and close up,
planning time, or time necessitated by
other administrative actions.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
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
AD.
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3873
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 this action (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979); and (3)
will not have a significant economic
impact, positive or negative, on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act. A final evaluation has
been prepared for this action and it is
contained in the Rules Docket. A copy
of it may be obtained from the Rules
Docket at the location provided under
the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
the following new airworthiness
directive:
I
2005–02–09 Airbus: Amendment 39–13954.
Docket 2000–NM–70–AD.
Applicabilty: All Model A319, A320, and
A321 series airplanes; certificated in any
category.
Compliance: Required as indicated, unless
accomplished previously.
To ensure continued structural integrity of
these airplanes, accomplish the following:
Revise Airworthiness Limitations Section
(ALS)
(a) For all airplanes: Within 6 months after
the effective date of this AD, revise the ALS
of the Instructions for Continued
Airworthiness in accordance with a method
approved by the Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA; or the Direction Generale
de l’Aviation Civile (DGAC) (or its delegated
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agent). One approved method of compliance
is incorporating Airbus A318/A319/A320/
A321 Maintenance Planning Document
(MPD), sub-Section 9–1–2, ‘‘Life Limited
Parts,’’ and sub-Section 9–1–3,
‘‘Demonstrated Fatigue Life Parts,’’ both
Revision 06, both dated June 13, 2003.
Note 1: Airbus Service Information Letter
32–098, dated December 22, 2003, may be
used as a source of service information for
managing life limited and demonstrated
fatigue life parts that were not previously
tracked.
(b) For all airplanes except Model A319
series airplanes on which Airbus
Modification 28238, 28162, and 28342 was
incorporated during production: Within 6
months after the effective date of this AD,
revise the ALS of the Instructions for
Continued Airworthiness in accordance with
a method approved by the Manager,
International Branch, ANM–116; or the
DGAC (or its delegated agent). One approved
method of compliance is incorporating both
Airbus A318/A319/A320/A321 MPD, subSection 9–2, ‘‘Airworthiness Limitation
Items’’ (ALI), Revision 06, dated June 13,
2003; and Airbus A318/A319/A320/A321
ALI, AI/SE–M4/95A.0252/96, Issue 6, dated
May 15, 2003 (approved by the DGAC on July
15, 2003).
(c) For Model A319 and A320 series
airplanes: Accomplishing the approved
revision of the ALS specified in paragraph (b)
of this AD terminates the repetitive
inspections required by paragraphs (b) and
(c) of AD 2004–03–06, amendment 39–13450.
(d) Except as provided by paragraph (e) of
this AD: After the actions specified in
paragraphs (a) and (b) of this AD have been
accomplished, no alternative life limits,
inspections, or inspection intervals may be
used.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the
Manager, International Branch, ANM–116, is
authorized to approve alternative methods of
compliance for this AD.
Note 2: The subject of this AD is addressed
in French airworthiness directive F–2004–
018, dated February 4, 2004; and in French
airworthiness directive F–2004–032, dated
February 18, 2004.
Effective Date
(f) This amendment becomes effective on
March 3, 2005.
Issued in Renton, Washington, on January
18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–1514 Filed 1–26–05; 8:45 am]
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FEDERAL TRADE COMMISSION
16 CFR part 305
Rule Concerning Disclosures
Regarding Energy Consumption and
Water Use of Certain Home Appliances
and Other Products Required Under
the Energy Policy and Conservation
Act (‘‘Appliance Labeling Rule’’)
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Federal Trade
Commission (‘‘Commission’’) amends
its Appliance Labeling Rule (‘‘Rule’’) by
publishing new ranges of comparability
to be used on required labels for
compact and standard-sized clothes
washers. The Commission is also
making several technical corrections to
language in the Rule related to clothes
washers and dishwashers.
EFFECTIVE DATE: The amendments
announced in this document will
become effective on April 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, Division
of Enforcement, Federal Trade
Commission, Washington, DC 20580
(202) 326–2889.
SUPPLEMENTARY INFORMATION: The Rule
was issued by the Commission in 1979,
44 FR 66466 (Nov. 19, 1979), in
response to a directive in the Energy
Policy and Conservation Act of 1975
(‘‘EPCA’’).1 The Rule covers several
categories of major household
appliances including clothes washers.
I. Background
The Rule requires manufacturers of all
covered appliances to disclose specific
energy consumption or efficiency
information (derived from the DOE test
procedures) at the point of sale in the
form of an ‘‘EnergyGuide’’ label and in
catalogs. The Rule requires
manufacturers to include, on labels and
fact sheets, an energy consumption or
efficiency figure and a ‘‘range of
comparability.’’ This range shows the
highest and lowest energy consumption
or efficiencies for all comparable
appliance models so consumers can
compare the energy consumption or
efficiency of other models (perhaps
competing brands) similar to the labeled
model. The Rule also requires
manufacturers to include, on labels for
some products, a secondary energy
usage disclosure in the form of an
1 42 U.S.C. 6294. The statute also requires the
Department of Energy (‘‘DOE’’) to develop test
procedures that measure how much energy the
appliances use, and to determine the representative
average cost a consumer pays for the different types
of energy available.
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estimated annual operating cost based
on a specified DOE national average cost
for the fuel the appliance uses.
Section 305.8(b) of the Rule requires
manufacturers, after filing an initial
report, to report certain information
annually to the Commission by
specified dates for each product type.2
These reports, which assist the
Commission in preparing the ranges of
comparability, contain the estimated
annual energy consumption or energy
efficiency ratings for the appliances
derived from tests performed pursuant
to the DOE test procedures. Because
manufacturers regularly add new
models to their lines, improve existing
models, and drop others, the data base
from which the ranges of comparability
are calculated is constantly changing.
To keep the required information on
labels consistent with these changes, the
Commission will publish new ranges if
an analysis of the new information
indicates that the upper or lower limits
of the ranges have changed by more
than 15%. Otherwise, the Commission
will publish a statement that the prior
ranges remain in effect for the next year.
II. 2004 Clothes Washer Ranges
The Commission has analyzed the
2004 annual data submissions for
clothes washers. The data submissions
show a significant change in the range
of comparability scale for both compact
and standard-size clothes washers.
Accordingly, the Commission is
publishing new ranges of comparability
for clothes washers in Appendix F1 and
Appendix F2 of the Rule.3
In addition to using these new ranges,
manufacturers of clothes washers must
now base the disclosures of estimated
annual operating cost required at the
bottom of EnergyGuide labels for clothes
washers on the 2004 Representative
Average Unit Costs of Energy for
electricity (8.60 cents per kiloWatt-hour)
and natural gas (91.0 cents per therm)
that were published by DOE on January
27, 2004 (69 FR 3907) and by the
Commission on April 30, 2004 (69 FR
23650). The new ranges will become
effective April 27, 2005. Manufacturers
may begin using the new ranges before
that date.
The Commission is also making a
minor correction to the capacity
designations in Appendices F1 and F2.
2 Reports
for clothes washers are due October 1.
2003, the Commission published
amendments to the clothes washer label to require
advisory language related to the new test procedure
on labels for all models produced beginning on
January 1, 2004 (see 68 FR 36458 (June 18, 2003)).
The data submitted to FTC this year reflects the
results of the new test procedure (10 CFR Part 430,
Subpt. B, App. J1).
3 In
E:\FR\FM\27JAR1.SGM
27JAR1
]]>Agencies
[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Rules and Regulations]
[Pages 3871-3874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1514]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-70-AD; Amendment 39-13954; AD 2005-02-09]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Airbus Model A319, A320, and A321 series airplanes,
that requires operators to revise the Airworthiness Limitations section
(ALS) of the Instructions for Continued Airworthiness to incorporate
new and more restrictive service life limits for certain items, and new
and more restrictive inspections to detect fatigue cracking, accidental
damage, or corrosion in certain structures. The actions specified by
this AD are intended to ensure the continued structural integrity of
these airplanes. This action is intended to address the identified
unsafe condition.
DATES: Effective March 3, 2005.
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington 98055-4056.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2141; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all Airbus Model A319, A320, and
A321 series airplanes was published as a supplemental notice of
proposed rulemaking (NPRM) in the Federal Register on March 11, 2004
(69 FR 11558). That action proposed to require operators to revise the
ALS of the Instructions for Continued Airworthiness to incorporate new
and more restrictive service life limits for certain items, and new and
more restrictive inspections to detect fatigue
[[Page 3872]]
cracking, accidental damage, or corrosion in certain structures.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Change Paragraph (a)
One commenter asks that the FAA either approve Airbus Service
Information Letter (SIL) 32-098, dated December 22, 2003, as a method
for assigning accumulated life on parts not previously tracked, or
provide another method for tracking these parts in paragraph (a) of the
proposed AD. The commenter notes that incorporation of Revision 06 of
ALS sub-Sections 9-1-2 and 9-1-3 of the Maintenance Planning Document
(MPD) would require incorporation of Airbus SIL 32-098, as specified in
Section 9-1, ``Life Limits/Monitored Parts,'' of the MPD. The commenter
adds that certain information contained in the SIL was not approved by
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which
is the airworthiness authority for France, that would probably
necessitate FAA approval of an alternative method of compliance (AMOC).
We agree with the commenter for the reasons provided. We have added
a new Note 1 to the final rule to specify that Airbus SIL 32-098 may be
used as a source of service information for managing life-limited and
demonstrated fatigue life parts that were not previously tracked.
Additionally, under the provisions of paragraph (e) of the final rule,
we may approve requests for other methods for assigning accumulated
life on life-limited and demonstrated fatigue life parts that were not
previously tracked if data are submitted to substantiate that such
other methods would provide an acceptable level of safety.
Requests for Changes to Compliance Times
One commenter asks that the compliance time specified in paragraph
(a) of the proposed AD be changed, but the commenter does not suggest a
new compliance time. The commenter states that paragraph (a) of the
proposed AD requires the revision of the ALS on ``Life Limits/Monitored
Parts,'' and ``Demonstrated Fatigue Life Parts,'' within 2 months after
the effective date of the AD. The commenter notes that this would
require the tracking, assignment of accumulated life, if unknown, and
serialization/marking of parts if not serialized. The commenter adds
that this date cannot be achieved, for the following reasons:
The incorporation of Revision 06 of ALS sub-Sections 9-1-2
and 9-1-3 of the MPD would require incorporation of Airbus SIL 32-098,
as specified in Section 9-1, ``Life Limits/Monitored Parts,'' of the
MPD when the complete life history of a part is unknown.
There are a number of items that were not tracked in the
original certification of the airplane, and detailed information about
these items was not provided by the manufacturer after production.
Airbus Operator Information Telex SE999.0072/03/CL
indicates the subject SIL was available in September 2003, but the SIL
was not available until December 2003, so operators were not able to
start the investigation immediately.
The SIL refers to five service bulletins needed for
serialization/marking of certain in-service parts. Four of the five
bulletins are not yet available; therefore, operators would not have
the proper instructions to serialize/mark in-service parts.
We agree with the commenter that all the documents necessary to
manage parts not previously tracked were not available at the time of
publication of the proposed AD; we also agree that more time is
necessary to manage those parts (track and assign accumulated life).
Therefore, for those reasons, we have changed the compliance time
specified in paragraph (a) of the final rule from 2 months to 6 months.
In addition, we have verified that the five service bulletins
referenced in the SIL have since been issued, and that proper
instructions to manage parts not previously tracked are now available.
The same commenter asks that the compliance time specified in
paragraph (b) of the proposed AD be changed from 2 months to 6 months.
The commenter states that paragraph (b) would require the revision of
the ALS on Airworthiness Limitation Items (ALI) within 2 months after
the effective date of the AD. The commenter adds that this date cannot
be achieved for the following reasons:
Revision 06 of the MPD, sub-Section 9-2, introduced weight
variants to determine effectivity that would require more time to
ensure the proper tracking of ALI tasks relative to existing
Significant Structural Items.
Revision 06 of the MPD, sub-Section 9-2, lowered the
inspection threshold of certain ALI tasks. There may be airplanes in
service that already exceed the new reduced thresholds and some of
these inspections cannot be easily accomplished when airplanes are
outside maintenance checks. Neither the MPD nor the proposed AD
provided any clear instructions for the phase-in of those inspections
should airplanes have already exceeded the new, reduced inspection
threshold.
We have reviewed and agree with the commenter's supporting data,
and we have changed the compliance time specified in paragraph (b) of
the final rule from 2 months to 6 months. Extending the compliance time
allows operators more time to determine weight variant effectivity, and
time to phase in any inspections that have exceeded the new or revised
inspection thresholds and intervals since the ALS revisions were
issued. In addition, we agree that some provision for phase-in of
future revisions of the ALS that may introduce more restrictive life
limits or inspections is necessary. We have requested that Airbus add
phase-in criteria to future revisions of the ALS to avoid potential
problems with complying with new or revised inspection thresholds and
intervals.
Credit for Accomplishing Repetitive Ultrasonic Inspections in Related
AD
Two commenters request that we approve incorporation of Issue 6 of
the ALI as an acceptable AMOC for accomplishing the ultrasonic
inspections required by AD 2004-03-06, amendment 39-13450 (69 FR 5909,
February 9, 2004). The commenters note that ALI tasks 571170-01-1 and -
2 specify the same ultrasonic inspection of the wing/fuselage joint
cruciform fittings that is required by AD 2004-03-06, but at a
different threshold and interval. The commenters add that there is a
conflict between the inspection threshold and intervals in this
proposed AD and between the inspection threshold and interval for the
same inspection required by AD 2004-03-06.
We agree with the commenters that there is a conflict, as stated
above. Although AD 2004-03-06 was not referenced in the proposed AD, it
is a related AD which requires repetitive ultrasonic inspections for
fatigue cracking in the wing/fuselage joint cruciform fittings. We have
determined that the inspection threshold and repetitive interval in
Issue 6 of the ALI should be used as the appropriate threshold and
repetitive interval for the inspection in this final rule. Therefore,
we have added a new paragraph (c) to this final rule, as follows: ``For
Model A319 and A320 series airplanes: Accomplishing the approved
revision of the ALS specified in paragraph (b) of this AD terminates
the repetitive inspections required by paragraphs (b) and (c) of AD
2004-03-06.'' We have re-
[[Page 3873]]
numbered subsequent paragraphs accordingly.
Clarification of Paragraph (b)
One commenter asks for clarification that the revision of the ALS,
as specified in paragraph (b) of the proposed AD, must be done in
accordance with only Airbus A318/A319/A320/A321 ALI AI/SE-M4/95A.0252/
96, Issue 6, dated May 15, 2003 (approved by the DGAC on July 15,
2003). The commenter states that Revision 06 of the MPD dated June 13,
2003, did not revise sub-Section 9-2.
We agree that Revision 06 of the MPD did not revise sub-Section 9-
2. This AD specifies incorporation of both MPD sub-Section 9-2,
Revision 06, and Airbus ALI AI/SE-M4/95A.0252/96, Issue 6, dated May
15, 2003; MPD sub-Section 9-2 references Airbus ALI AI/SE-M4/95A.0252/
96 as the official repository for the ALI; both documents need to be
incorporated to avoid any confusion. In addition, we have determined
that the references in both paragraphs (a) and (b) of this final rule
need clarification. The reference to incorporating into the ALS sub-
Section 9-1-2 and sub-Section 9-1-3, as specified in paragraph (a) of
the proposed AD, is the wrong reference and should instead specify
incorporating Airbus A318/A319/A320/A321 MPD, sub-Section 9-1-2 and
sub-Section 9-1-3. Additionally, an incorrect title was used in the
proposed AD for sub-Section 9-1-2, ``Life Limits/Monitored Parts.''
That title should be ``Life Limited Parts.'' We have corrected that
title in this final rule. The reference to incorporating into the ALS
sub-Section 9-2, as specified in paragraph (b) of the proposed AD, is
the wrong reference and should instead reference incorporating Airbus
A318/A319/A320/A321 MPD, sub-Section 9-2.
Change to Final Rule
We have changed paragraphs (a) and (b) of this final rule to
specify that the actions must be done in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the DGAC (or its delegated agent). In
addition, incorporating Airbus A318/A319/A320/A321 Maintenance Planning
Document (MPD), sub-Section 9-1-2, ``Life Limited Parts,'' and sub-
Section 9-1-3, ``Demonstrated Fatigue Life Parts,'' and Airbus A318/
A319/A320/A321 MPD, sub-Section 9-2, ``Airworthiness Limitation
Items,'' are listed as approved methods of compliance for accomplishing
the actions. We have also changed paragraph (d) of this final rule to
remove the reference to paragraphs (a) and (b) due to this change.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 605 airplanes of U.S. registry affected by
this AD. It takes approximately 1 work hour per airplane to accomplish
the revision to the ALS, at an average labor rate of $65 per work hour.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $39,325, or $65 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated 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 AD.
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 this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2005-02-09 Airbus: Amendment 39-13954. Docket 2000-NM-70-AD.
Applicabilty: All Model A319, A320, and A321 series airplanes;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure continued structural integrity of these airplanes,
accomplish the following:
Revise Airworthiness Limitations Section (ALS)
(a) For all airplanes: Within 6 months after the effective date
of this AD, revise the ALS of the Instructions for Continued
Airworthiness in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Direction Generale de l'Aviation Civile (DGAC) (or its
delegated
[[Page 3874]]
agent). One approved method of compliance is incorporating Airbus
A318/A319/A320/A321 Maintenance Planning Document (MPD), sub-Section
9-1-2, ``Life Limited Parts,'' and sub-Section 9-1-3, ``Demonstrated
Fatigue Life Parts,'' both Revision 06, both dated June 13, 2003.
Note 1: Airbus Service Information Letter 32-098, dated December
22, 2003, may be used as a source of service information for
managing life limited and demonstrated fatigue life parts that were
not previously tracked.
(b) For all airplanes except Model A319 series airplanes on
which Airbus Modification 28238, 28162, and 28342 was incorporated
during production: Within 6 months after the effective date of this
AD, revise the ALS of the Instructions for Continued Airworthiness
in accordance with a method approved by the Manager, International
Branch, ANM-116; or the DGAC (or its delegated agent). One approved
method of compliance is incorporating both Airbus A318/A319/A320/
A321 MPD, sub-Section 9-2, ``Airworthiness Limitation Items'' (ALI),
Revision 06, dated June 13, 2003; and Airbus A318/A319/A320/A321
ALI, AI/SE-M4/95A.0252/96, Issue 6, dated May 15, 2003 (approved by
the DGAC on July 15, 2003).
(c) For Model A319 and A320 series airplanes: Accomplishing the
approved revision of the ALS specified in paragraph (b) of this AD
terminates the repetitive inspections required by paragraphs (b) and
(c) of AD 2004-03-06, amendment 39-13450.
(d) Except as provided by paragraph (e) of this AD: After the
actions specified in paragraphs (a) and (b) of this AD have been
accomplished, no alternative life limits, inspections, or inspection
intervals may be used.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Note 2: The subject of this AD is addressed in French
airworthiness directive F-2004-018, dated February 4, 2004; and in
French airworthiness directive F-2004-032, dated February 18, 2004.
Effective Date
(f) This amendment becomes effective on March 3, 2005.
Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1514 Filed 1-26-05; 8:45 am]
BILLING CODE 4910-13-P
