Airworthiness Directives; Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 Series Airplanes; and Model A320-111 Airplanes, 76378-76381 [05-24344]
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76378
Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
than $750,000. Small agricultural
service firms, which include handlers
regulated under the order, are defined as
those with annual receipts of less than
$6,000,000.
Industry and USDA statistics indicate
that there are approximately 1,850 pear
growers in Oregon and Washington. Of
that total, 1,345 growers report fresh
Bartlett pear production. There are 55
handlers that handle fresh Bartlett pears
produced in Oregon and Washington.
According to the Non-citrus Fruits
and Nuts 2004 Summary issued in July
2005 by the National Agricultural
Statistics Service, the total farm gate
value of fresh Bartlett pears grown in
Oregon and Washington for 2004 was
$41,371,000. Therefore, the 2004
average gross revenue for a fresh Bartlett
pear grower in Oregon and Washington
was $30,759. Based on records of the
Committee and recent f.o.b. prices for
pears, over 76 percent of the handlers
ship less than $6,000,000 worth of pears
on an annual basis. Thus, it can be
concluded that the majority of growers
and handlers of Oregon and Washington
fresh Bartlett pears may be classified as
small entities.
This final rule terminates the
marketing order covering fresh Bartlett
pears grown in Oregon and Washington
and the rules and regulations
established under the order.
On May 21, 2005, Marketing Order
No. 927 was amended to include
regulatory authority over Bartlett pears
grown in Oregon and Washington,
historically regulated by the order.
Washington and Oregon pear growers
voting in a mail referendum held March
22 through April 8, 2005, favored the
consolidation of the two marketing
orders into one program.
On September 8, 2005, at a
NWFBPMC telephone meeting,
committee members motioned and
voted to terminate the order. A record
of the members voting, and
confirmation in writing of the votes by
each member as required by the
NWFBPMC Bylaws regarding mail
ballots, was submitted to USDA on
September 28, 2005. The record
indicates that the NWFBPMC voted
unanimously in favor of terminating the
order and transferring the program’s
assets to the Fresh Pear Committee,
newly established under Marketing
Order No. 927.
Given that the provisions of the order
have been incorporated into Marketing
Order No. 927 and that the handling of
fresh Bartlett pears will continue to be
regulated under Marketing Order No.
927, USDA has determined that small
growers or handlers will not be unduly
or disproportionately burdened by the
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17:10 Dec 23, 2005
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termination of this order. The
termination reflects a shift in the
regulatory oversight of fresh Bartlett
pears from Marketing Order No. 931 to
Marketing Order No. 927.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
requirements being terminated by this
rule were previously approved by the
Office of Management and Budget
(OMB) under OMB No. 0581–0189,
‘‘Generic OMB Fruit Crops.’’ The total
annual reporting burden for Fresh
Bartlett Pears Grown in Oregon and
Washington is 904.62 burden hours. The
information collection for fresh Bartlett
pears (Marketing Order No. 931) will be
incorporated with Marketing Order No.
927, Pears Grown in Oregon and
Washington (formerly Winter Pears
Grown in Oregon and Washington),
which is also part of the Generic OMB
Fruit Crops package.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this final rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
It is further found that it is
impractical, unnecessary, and contrary
to the public interest to give preliminary
notice, and that good cause exists for
not postponing the effective date of this
rule until 30 days after publication in
the Federal Register (5 U.S.C. 553)
because: (1) This action relieves
restrictions on handlers by terminating
the requirements of the marketing order;
(2) handlers were given notice of
amendments made to Federal Marketing
Order No. 927 on May 21, 2005, which
now regulates all pears grown in Oregon
and Washington; and (3) no useful
purpose would be served by delaying
the effective date.
After consideration of all relevant
matter presented it is hereby found that
the order, and the rules and regulations
in effect under the order, no longer tend
to effectuate the declared policy of the
Act and, therefore, are terminated.
List of Subjects in 7 CFR Part 931
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
PART 931—[REMOVED]
For the reasons set forth in the
preamble, and under the authority of 7
I
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U.S.C. 601–674, 7 CFR part 931 is
removed.
Dated: December 21, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–24487 Filed 12–23–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23382; Directorate
Identifier 2005–NM–221–AD; Amendment
39–14428; AD 2005–26–07]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318–100, A319–100, A320–200, A321–
100, and A321–200 Series Airplanes;
and Model A320–111 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Model A318–100, A319–100,
A320–200, A321–100, and A321–200
series airplanes; and Model A320–111
airplanes. This AD requires revising the
airplane flight manual by incorporating
new procedures to follow in the event
of a fuel leak. This AD results from a
determination that, once a fuel leak is
detected, fuel management procedures
are a critical factor in limiting the
consequences of the leak. We are issuing
this AD to ensure that the flightcrew is
advised of appropriate procedures to
follow in the event of a fuel leak, such
as isolating the fuel tanks, stopping any
fuel transfers, and landing as soon as
possible. Failure to follow these
procedures could result in excessive
fuel loss that could cause the engines to
shut down during flight.
DATES: This AD becomes effective
January 11, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 11, 2006.
We must receive comments on this
AD by February 27, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
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:
Discussion
´ ´
The Direction Generale de l′Aviation
Civile (DGAC), which is the
airworthiness authority for France,
notified us that an unsafe condition may
exist on all Airbus Model A318–100,
A319–100, A320–200, A321–100, and
A321–200 series airplanes; and Model
A320–111 airplanes. The DGAC advises
of an incident in which an Airbus
A330–200 series airplane was diverted
due to an extensive fuel leak. During the
diversion, both engines shut down due
to lack of fuel. The airplane made a
successful emergency landing. This
event and a subsequent review of major
fuel leaks demonstrated that, after a fuel
leak is detected, the flightcrew’s fuel
management procedures are a critical
factor in limiting the consequences of a
fuel leak. Failure to follow proper
procedures in the event of a fuel leak
could result in excessive fuel loss that
could cause the engines to shut down
during flight.
The fuel systems on Airbus Model
A318–100, A319–100, A320–200, A321–
100, and A321–200 series airplanes; and
Model A320–111 airplanes; is similar to
that on the affected Model A330–200
series airplane. Therefore, Airbus Model
A318–100, A319–100, A320–200, A321–
100, and A321–200 series airplanes; and
Model A320–111 airplanes; may be
subject to the unsafe condition revealed
on the Model A330–200 series airplane.
Relevant Service Information
Airbus has issued the temporary
revisions (TRs) to the Limitations
section of the A318/A319/A320/A321
Airplane Flight Manual (AFM) listed in
the table below.
AIRBUS AFM TRS
Affected Airbus Airplane Models/Series
AFM TR
A320–111 airplanes and A320–200 series airplanes on which Airbus Modification 20024 has not been
done.
A320–111 airplanes; and A318–100, A319–100, and A320–200 series airplanes; on which Airbus
Modification 20024 has been done.
A321–100 and A321–200 series airplanes ................................................................................................
The TRs describe new procedures to
follow in the event of a fuel leak. These
procedures involve isolating the fuel
tanks and stopping any fuel transfers in
order to determine the location of a fuel
leak, and landing as soon as possible.
The DGAC mandated the TRs and
issued French airworthiness directive
F–2005–165, dated September 28, 2005,
to ensure the continued airworthiness of
these airplanes in France.
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FAA’s Determination and Requirements
of This AD
These airplane models are
manufactured in France and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the DGAC has
kept the FAA informed of the situation
described above. We have examined the
DGAC’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for products of this
type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to
ensure that the flightcrew is advised of
appropriate procedures to follow in the
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17:10 Dec 23, 2005
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event of a fuel leak. Failure to follow
these procedures could result in
excessive fuel loss that could cause the
engines to shut down during flight. This
AD requires revising the AFM to
include the TRs described previously.
Differences Between the AD and French
Airworthiness Directive
The French airworthiness directive
requires revising the AFM before further
flight. This AD requires revising the
AFM within 15 days after the effective
date of the AD. In developing an
appropriate compliance time for this
AD, we considered the DGAC’s
recommendation in the French
airworthiness directive and the degree
of urgency associated with the subject
unsafe condition. In light of all of these
factors, we find that a 15-day
compliance time represents an
appropriate interval of time for affected
airplanes to continue to operate without
compromising safety.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD; therefore, providing notice and
opportunity for public comment before
the AD is issued is impracticable, and
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Date
4.02.00/28
February 21, 2005.
4.02.00/29
February 22, 2005.
4.02.00/30
February 23, 2005.
good cause exists to make this AD
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements that affect flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to submit any
relevant written data, views, or
arguments regarding this AD. Send your
comments to an address listed in the
ADDRESSES section. Include ‘‘Docket No.
FAA–2005–23382; Directorate Identifier
2005–NM–221–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the AD that might suggest a
need to modify it.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this AD. Using the
search function of that Web site, anyone
can find and read the comments in any
of our dockets, including the name of
the individual who sent the comment
(or signed the comment on behalf of an
association, business, labor union, etc.).
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78), or you may visit
https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the Docket
Management System receives them.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
2005–26–07 Airbus: Amendment 39–14428.
Docket No. FAA–2005–23382;
Directorate Identifier 2005–NM–221–AD.
Effective Date
(a) This AD becomes effective January 11,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model
A318–111, A318–112, A319–111, A319–112,
A319–113, A319–114, A319–115, A319–131,
A319–132, A319–133, A320–111, A320–211,
A320–212, A320–214, A320–231, A320–232,
A320–233, A321–111, A321–112, A321–131,
A321–211, and A321–231 airplanes;
certificated in any category.
Unsafe Condition
(d) This AD results from a determination
that, once a fuel leak is detected, fuel
management procedures are a critical factor
in limiting the consequences of the leak. We
are issuing this AD to ensure that the
flightcrew is advised of appropriate
procedures to follow in the event of a fuel
leak, such as isolating the fuel tanks,
stopping any fuel transfers, and landing as
soon as possible. Failure to follow these
procedures could result in excessive fuel loss
that could cause the engines to shut down
during flight.
Compliance
PART 39—AIRWORTHINESS
DIRECTIVES
(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.
1. The authority citation for part 39
continues to read as follows:
Airplane Flight Manual (AFM) Revision
I
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):
I
(f) Within 15 days after the effective date
of this AD, revise the Limitations section of
the A318/A319/A320/A321 AFM to include
the information in the applicable temporary
revision (TR) listed in Table 1 of this AD.
Thereafter, operate the airplane according to
the limitations and procedures in the
applicable TR.
TABLE 1.—AIRBUS AFM TRS
Airbus models
AFM TR
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A320–111, A320–211, A320–212, A320–214, A320–231, A320–232, and A320–233 airplanes; on which
Airbus Modification 20024 has not been done.
A318–111, A318–112, A319–111, A319–112, A319–113, A319–114, A319–115, A319–131, A319–132,
A319–133, A320–111, A320–211, A320–212, A320–214, A320–231, A320–232, and A320–233 airplanes; on which Airbus Modification 20024 has been done.
A321–111, A321–112, A321–131, A321–211, and A321–231 airplanes ......................................................
Note 1: The action required by paragraph
(f) of this AD may be done by inserting in the
AFM a copy of the applicable TR listed in
Table 1 of this AD. When this TR has been
included in general revisions of the AFM, the
general revisions may be inserted in the
AFM, provided the relevant information in
the general revision is identical to that in the
applicable TR listed in Table 1 of this AD.
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Special Flight Permits
(g) Special flight permits, as described in
Section 21.197 (‘‘Special flight permits’’) and
Section 21.199 (‘‘Issue of special flight
permits’’) of the Federal Aviation Regulations
(14 CFR 21.197 and 21.199), are not allowed.
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Date
4.02.00/28
February 21, 2005.
4.02.00/29
February 22, 2005.
4.02.00/30
February 23, 2005.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(i) French airworthiness directive F–2005–
165, dated September 28, 2005, also
addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use the documents listed in
Table 2 of this AD to perform the actions that
are required by this AD, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of these documents in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France, for a copy of this service information.
You may review copies at the Docket
Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW.,
Room PL–401, Nassif Building, Washington,
DC; on the Internet at https://dms.dot.gov; or
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
TABLE 2.—MATERIAL INCORPORATED
BY REFERENCE
Airbus Temporary
Revision to the A318/
A319/A320/A321 Airplane Flight Manual
4.02.00/28 ................
4.02.00/29 ................
4.02.00/30 ................
Date
February 21, 2005.
February 22, 2005.
February 23, 2005.
Issued in Renton, Washington, on
December 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24344 Filed 12–23–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23072; Directorate
Identifier 2005–NE–38–AD; Amendment 39–
14430; AD 2005–26–09]
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RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney JT9D–7R4 Turbofan Engines
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
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17:10 Dec 23, 2005
Jkt 208001
Final rule; request for
comments.
ACTION:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for Pratt &
Whitney (PW) JT9D–7R4 turbofan
engines. This AD requires inspection of
the blade root thickness of 1st stage fan
blades identified by part number (P/N)
and serial number (SN) in this AD, by
a repair station approved by PW to
perform the inspection. This AD results
from a report that a repair station
created their own repair and performed
it on 520 1st stage fan blades, without
approval from PW. We are issuing this
AD to prevent 1st stage fan blade
fracture and uncontained engine failure,
resulting in possible damage to the
airplane.
This AD becomes effective
January 11, 2006.
We must receive any comments on
this AD by February 27, 2006.
ADDRESSES: Use one of the following
addresses to comment on this AD:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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–
0001.
• 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.
FOR FURTHER INFORMATION CONTACT:
Kevin Donovan, Aerospace Engineer,
Engine Certification Office, FAA, Engine
and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803–5299; telephone (781) 238–7743,
fax (781) 238–7199.
SUPPLEMENTARY INFORMATION: In May
2005, we received a report from Airfoil
Technologies International (ATI), of the
United Kingdom, that their repair
station created their own repair and
performed it on 520 1st stage fan blades,
without approval from PW. The repairs
were made to a critical area of the fan
blade root. PW requires source
demonstration by each repair station
before they approve the repair station to
perform blade repairs, including the
repair that should have been performed
to these 1st stage fan blades, known as
Repair-23. This requirement exists due
to PW’s concern with proper blending
DATES:
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76381
in a critical area of the blade root. This
condition, if not corrected, could result
in 1st stage fan blade fracture and
uncontained engine failure, resulting in
possible damage to the airplane.
FAA’s Determination and Requirements
of this AD
The unsafe condition described
previously is likely to exist or develop
on other PW JT9D–7R4 turbofan engines
of the same type design. For that reason,
we are issuing this AD to prevent 1st
stage fan blade fracture and uncontained
engine failure, resulting in possible
damage to the airplane. This AD
requires, before installing the 1st stage
fan blades that are listed by P/N and SN
in Table 1 of this AD, or if already
installed, at the next 1st stage fan blade
exposure:
• Checking the 1st stage fan blade for
a circled, letter I, on the approved
marking area of the outboard side of the
blade platform. If the blade has this
marking, no further action is required.
• Removing 1st stage fan blades
without a circled, letter I, on the
approved marking area of the outboard
side of the blade platform if installed;
and
• Sending 1st stage fan blades to a
source-substantiation-approved repair
station, approved by PW, for inspection
of the blade root thickness; and
• Returning to service 1st stage fan
blades that pass the inspection, after
properly marking the blade.
FAA’s Determination of the Effective
Date
Since an unsafe condition exists that
requires the immediate adoption of this
AD, we have found that notice and
opportunity for public comment before
issuing this AD are impracticable, and
that good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to send us any
written relevant data, views, or
arguments regarding this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘AD Docket No.
FAA–2005–23072; Directorate Identifier
2005–NE–38–AD’’ in the subject line of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the rule that might suggest a
need to modify it.
We will post all comments we
receive, without change, to https://
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Agencies
[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Pages 76378-76381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24344]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23382; Directorate Identifier 2005-NM-221-AD;
Amendment 39-14428; AD 2005-26-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318-100, A319-100, A320-
200, A321-100, and A321-200 Series Airplanes; and Model A320-111
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200
series airplanes; and Model A320-111 airplanes. This AD requires
revising the airplane flight manual by incorporating new procedures to
follow in the event of a fuel leak. This AD results from a
determination that, once a fuel leak is detected, fuel management
procedures are a critical factor in limiting the consequences of the
leak. We are issuing this AD to ensure that the flightcrew is advised
of appropriate procedures to follow in the event of a fuel leak, such
as isolating the fuel tanks, stopping any fuel transfers, and landing
as soon as possible. Failure to follow these procedures could result in
excessive fuel loss that could cause the engines to shut down during
flight.
DATES: This AD becomes effective January 11, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 11,
2006.
We must receive comments on this AD by February 27, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
[[Page 76379]]
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Tim 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:
Discussion
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, notified us that an
unsafe condition may exist on all Airbus Model A318-100, A319-100,
A320-200, A321-100, and A321-200 series airplanes; and Model A320-111
airplanes. The DGAC advises of an incident in which an Airbus A330-200
series airplane was diverted due to an extensive fuel leak. During the
diversion, both engines shut down due to lack of fuel. The airplane
made a successful emergency landing. This event and a subsequent review
of major fuel leaks demonstrated that, after a fuel leak is detected,
the flightcrew's fuel management procedures are a critical factor in
limiting the consequences of a fuel leak. Failure to follow proper
procedures in the event of a fuel leak could result in excessive fuel
loss that could cause the engines to shut down during flight.
The fuel systems on Airbus Model A318-100, A319-100, A320-200,
A321-100, and A321-200 series airplanes; and Model A320-111 airplanes;
is similar to that on the affected Model A330-200 series airplane.
Therefore, Airbus Model A318-100, A319-100, A320-200, A321-100, and
A321-200 series airplanes; and Model A320-111 airplanes; may be subject
to the unsafe condition revealed on the Model A330-200 series airplane.
Relevant Service Information
Airbus has issued the temporary revisions (TRs) to the Limitations
section of the A318/A319/A320/A321 Airplane Flight Manual (AFM) listed
in the table below.
Airbus AFM TRs
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Affected Airbus Airplane Models/Series AFM TR Date
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A320-111 airplanes and A320-200 series airplanes 4.02.00/28 February 21, 2005.
on which Airbus Modification 20024 has not been
done.
A320-111 airplanes; and A318-100, A319-100, and 4.02.00/29 February 22, 2005.
A320-200 series airplanes; on which Airbus
Modification 20024 has been done.
A321-100 and A321-200 series airplanes........... 4.02.00/30 February 23, 2005.
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The TRs describe new procedures to follow in the event of a fuel
leak. These procedures involve isolating the fuel tanks and stopping
any fuel transfers in order to determine the location of a fuel leak,
and landing as soon as possible. The DGAC mandated the TRs and issued
French airworthiness directive F-2005-165, dated September 28, 2005, to
ensure the continued airworthiness of these airplanes in France.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to ensure that the flightcrew is
advised of appropriate procedures to follow in the event of a fuel
leak. Failure to follow these procedures could result in excessive fuel
loss that could cause the engines to shut down during flight. This AD
requires revising the AFM to include the TRs described previously.
Differences Between the AD and French Airworthiness Directive
The French airworthiness directive requires revising the AFM before
further flight. This AD requires revising the AFM within 15 days after
the effective date of the AD. In developing an appropriate compliance
time for this AD, we considered the DGAC's recommendation in the French
airworthiness directive and the degree of urgency associated with the
subject unsafe condition. In light of all of these factors, we find
that a 15-day compliance time represents an appropriate interval of
time for affected airplanes to continue to operate without compromising
safety.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23382; Directorate Identifier 2005-NM-221-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of that Web
site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
[[Page 76380]]
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-26-07 Airbus: Amendment 39-14428. Docket No. FAA-2005-23382;
Directorate Identifier 2005-NM-221-AD.
Effective Date
(a) This AD becomes effective January 11, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A318-111, A318-112,
A319-111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-
132, A319-133, A320-111, A320-211, A320-212, A320-214, A320-231,
A320-232, A320-233, A321-111, A321-112, A321-131, A321-211, and
A321-231 airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from a determination that, once a fuel leak
is detected, fuel management procedures are a critical factor in
limiting the consequences of the leak. We are issuing this AD to
ensure that the flightcrew is advised of appropriate procedures to
follow in the event of a fuel leak, such as isolating the fuel
tanks, stopping any fuel transfers, and landing as soon as possible.
Failure to follow these procedures could result in excessive fuel
loss that could cause the engines to shut down during flight.
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.
Airplane Flight Manual (AFM) Revision
(f) Within 15 days after the effective date of this AD, revise
the Limitations section of the A318/A319/A320/A321 AFM to include
the information in the applicable temporary revision (TR) listed in
Table 1 of this AD. Thereafter, operate the airplane according to
the limitations and procedures in the applicable TR.
Table 1.--Airbus AFM TRs
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Airbus models AFM TR Date
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A320-111, A320-211, A320-212, A320-214, A320-231, A320- 4.02.00/28 February 21, 2005.
232, and A320-233 airplanes; on which Airbus
Modification 20024 has not been done.
A318-111, A318-112, A319-111, A319-112, A319-113, A319- 4.02.00/29 February 22, 2005.
114, A319-115, A319-131, A319-132, A319-133, A320-111,
A320-211, A320-212, A320-214, A320-231, A320-232, and
A320-233 airplanes; on which Airbus Modification 20024
has been done.
A321-111, A321-112, A321-131, A321-211, and A321-231 4.02.00/30 February 23, 2005.
airplanes.
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Note 1:
The action required by paragraph (f) of this AD may be done by
inserting in the AFM a copy of the applicable TR listed in Table 1
of this AD. When this TR has been included in general revisions of
the AFM, the general revisions may be inserted in the AFM, provided
the relevant information in the general revision is identical to
that in the applicable TR listed in Table 1 of this AD.
Special Flight Permits
(g) Special flight permits, as described in Section 21.197
(``Special flight permits'') and Section 21.199 (``Issue of special
flight permits'') of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
[[Page 76381]]
(2) Before using any AMOC approved in accordance with Sec.
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-2005-165, dated September
28, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use the documents listed in Table 2 of this AD to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
Room PL-401, Nassif Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Table 2.--Material Incorporated by Reference
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Airbus Temporary Revision to the
A318/A319/A320/A321 Airplane Flight Date
Manual
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4.02.00/28.......................... February 21, 2005.
4.02.00/29.......................... February 22, 2005.
4.02.00/30.......................... February 23, 2005.
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Issued in Renton, Washington, on December 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24344 Filed 12-23-05; 8:45 am]
BILLING CODE 4910-13-P