Airworthiness Directives; Airbus Model A318-100 and A319-100 Series Airplanes; Model A320-111 Airplanes; Model A320-200, A321-200, A330-200, A330-300, A340-200, and A340-300 Series Airplanes; Model A340-541 Airplanes; and Model A340-642 Airplanes; Equipped With Certain Sogerma-Services Powered Seats, 63225-63228 [E6-17662]
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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations
Issued in Renton, Washington, on October
13, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–17650 Filed 10–27–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–23633; Directorate
Identifier 2005–NM–242–AD; Amendment
39–14801; AD 2006–22–04]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Jkt 211001
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus airplane models identified
above. This AD requires inspecting to
determine if a certain actuator is
installed in the pilot’s or co-pilot’s seat,
and doing applicable corrective actions.
For certain actuators, the AD also
requires replacing rotors on both
vertical and horizontal movements with
new rotors, and replacing the clutch cap
with a new cap. This AD results from
a report of heavy wear at the driving
gear of the rotor shaft end of the
electrical driven motor on certain
actuators of the pilot’s and co-pilot’s
seats. We are issuing this AD to prevent
uncommanded movement of the pilot’s
or co-pilot’s seat during takeoff or
landing, which could result in
interference with the operation of the
airplane and consequent temporary loss
of airplane control.
DATES: This AD becomes effective
December 4, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of December 4, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SUMMARY:
16:00 Oct 27, 2006
Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
FOR FURTHER INFORMATION CONTACT:
Examining the Docket
Airworthiness Directives; Airbus Model
A318–100 and A319–100 Series
Airplanes; Model A320–111 Airplanes;
Model A320–200, A321–200, A330–200,
A330–300, A340–200, and A340–300
Series Airplanes; Model A340–541
Airplanes; and Model A340–642
Airplanes; Equipped With Certain
Sogerma-Services Powered Seats
VerDate Aug<31>2005
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Sogerma-Services, Z.I. de
l’Arsenal—BP 109, 17303 Rochefort
Cedex, France; and Messier-Bugatti, 45
Avenue Victor Hugo—Bat. 227, 93538
Aubervilliers, France; for service
information identified in this AD.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A318–
100 and A319–100 series airplanes;
Model A320–111 airplanes; Model
A320–200, A321–200, A330–200, A330–
300, A340–200, and A340–300 series
airplanes; Model A340–541 airplanes;
and Model A340–642 airplanes;
equipped with certain Sogerma-Services
powered seats. That NPRM was
published in the Federal Register on
January 19, 2006 (71 FR 3021). That
NPRM proposed to require inspecting to
determine if a certain actuator is
installed in the pilot’s or co-pilot’s seat,
and doing applicable corrective actions.
For certain actuators, that NPRM also
proposed to require replacing rotors on
both vertical and horizontal movements
with new rotors, and replacing the
clutch cap with a new cap.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for the NPRM
Airbus supports the contents of the
NPRM. Northwest Airlines supports the
intent of the NPRM.
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63225
Request To Extend Compliance Time
Based on Parts Availability
United Airlines states that the
actuator supplier has a limited quantity
of spare actuators. United estimates that
it would require a six-month window
between the AD release date and the AD
effective date to permit sufficient time
to rotate its spares through the shop for
AD rework. United requests that we
select an AD effective date that is at
least six to eight months after the AD
release date to provide sufficient lead
time for the industry to rotate the spare
actuators and seats. The Air Transport
Association (ATA), on behalf of
USAirways, also states that its members
have spoken to the seat manufacturer
and raised concerns that there might be
part shortages. ATA states that the issue
of parts availability needs to be
addressed before the AD is released.
We infer that the commenters request
that we extend the compliance time in
paragraph (h) of the NPRM or that we
remove that paragraph from the final
rule. Regarding parts shortages, we have
confirmed with Airbus and EADS
Sogerma that the necessary parts are
available well within the time necessary
to replace the actuators. We have not
changed the final rule in this regard.
Request To Extend Compliance Time To
Match Heavy Maintenance Schedule
ATA, on behalf of USAirways,
requests that the compliance time be
extended from 56 months to 72 months.
This extension would allow USAirways
to accomplish the AD requirements
during heavy maintenance.
We do not agree with the request to
extend the compliance time based on an
operator’s heavy maintenance schedule.
We have determined that the
compliance time, as proposed,
represents the maximum interval of
time allowable for the affected airplanes
to continue to safely operate before the
inspection is done. Since maintenance
schedules vary among operators, there
would be no assurance that the airplane
would be inspected during that
maximum interval. We have not
changed the final rule in this regard.
However, operators may request
approval of an alternative method of
compliance in accordance with the
procedures specified in paragraph (i) of
this AD.
Request To Reduce Compliance Time
The Airline Pilot’s Association
(ALPA) recommends that the
compliance time for the actuator/
component replacement should be no
greater than 50 percent of the
component time-in-service that would
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result in the noted unsafe wear
condition. ALPA states that if the
compliance time meets this criterion,
then the NPRM, as written, is
satisfactory; if not, the proposed
compliance time should be reduced
accordingly.
We disagree with the need to reduce
the compliance time based on the stated
criterion. In developing the compliance
time for this AD, we considered not
only the safety implications of the
identified unsafe condition, but the
average utilization rate of the affected
fleet, the practical aspects of doing the
required actions during regular
maintenance periods, the availability of
required parts, and the time necessary
for the rulemaking process. We find that
the compliance time, as proposed in the
NPRM, provides an acceptable level of
safety. We have not changed the final
rule in this regard.
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Request To Remove Requirement To
Replace Rotors and Clutch Cap
JetBlue Airways states that the NPRM
refers to a work scope that includes
replacing vertical and horizontal rotors
and replacing the clutch cap. JetBlue
points out that Sogerma-Services
Service Bulletin TAAI1–25–617, dated
February 1, 2005, refers to replacing
only the affected motor/actuator as a
unit for the vertical direction and marks
the seat data plate. (Sogerma-Services
Service Bulletin TAAI1–25–617 was
referenced in the NPRM as an
appropriate source of service
information for accomplishing certain
actions). JetBlue states that a flow chart
on page 4 of the service bulletin
provides a more accurate and easier-tounderstand work scope for operators to
implement.
We agree. Paragraph (f) of the NPRM
refers to Part 3., ‘‘OPERATING
INSTRUCTIONS,’’ of Sogerma-Services
Service Bulletin TAAI1–25–617 for
instructions regarding replacing the
vertical and horizontal rotors and
replacing the clutch cap. As JetBlue
points out, the flow chart on page 4 of
Sogerma-Services Service Bulletin
TAAI1–25–617 provides an accurate
and easy-to-understand work scope for
operators to implement. Therefore, we
have changed paragraph (f) of the AD to
refer to the flow chart in Part 1,
paragraph D., ‘‘DESCRIPTION,’’ of the
service bulletin.
Request To Reference Service
Information Letter (SIL)
Sogerma/Barfield states that the
correct service information for
inspecting the seats is not SogermaServices Service Bulletin TAAI1–25–
617, dated February 1, 2005, as
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16:00 Oct 27, 2006
Jkt 211001
specified in the NPRM, but SogermaServices SIL, SIL–TAAI1–25–059, dated
February 8, 2005.
We clarify that, for airplanes on
which the part number and serial
number are not visible on the seat base,
Sogerma-Services SIL SIL–TAAI1–25–
059 provides service information for
inspecting the seats to determine their
identity. In addition, Airbus Operator
Information Telex (OIT) SE 999.0040/
05/FB, dated May 27, 2005, also
provides service information for
inspecting the seats. Therefore, we have
added Note 1 to the AD to identify these
two documents as additional sources of
service information for doing the
inspection required by paragraph (f) of
the AD.
Requests To Reference Serial Numbers
(S/Ns) for Replacement, and To Clarify
Table 2 and Paragraph (h) of the AD
Sogerma/Barfield points out that
paragraph (f) of the NPRM specifies
replacing all actuators listed in Table 2
of the NPRM. Sogerma/Barfield requests
we change that paragraph to specify that
only Labinal actuators with the part
number (P/N) identified in Table 2 of
the NPRM must be replaced, that all
actuators having P/N 4136290005 must
be replaced, and that P/N 4136290004
must be replaced only if the serial
number of the part is lower than 5079.
Sogerma/Barfield states that Aviac and
Artus actuators are not affected.
JetBlue confirms Sogerma/Barfield’s
statements about Table 2 and points out
that the statement regarding the
installation of spare parts in paragraph
(h) of the NPRM is also incorrect
because it references Table 2. JetBlue
states that the incorrect information in
Table 2 could mislead inspectors and
operators into replacing actuators that
are not affected and are not potentially
defective.
United also requests that we clarify
paragraph (h) of the NPRM to specify
that only Labinal actuators are affected,
and that the Aviac or Artus actuators
can still be installed provided the seat
amendment label is installed.
We agree with revising the P/N and S/
N references for the Labinal actuators, as
well as with the fact that Aviac and
Artus actuators are not affected by the
required actions. Airbus has confirmed
that these requested changes are correct.
In addition, French airworthiness
directive F–2005–164, issued September
28, 2005, which is the parallel
airworthiness directive for this AD,
states that actuators having P/Ns
4136290004 and 4136290005 with S/Ns
below 5080 must be removed from
service. All P/N 4136290005 S/Ns are
currently in the below-5080 range.
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We have revised table 2 and
paragraph (f) of the AD to change the
part number references. In addition, we
have removed paragraph (h) of the
NPRM from this final rule because we
agree that it could be misleading.
Request To Add Procedure for
Identifying Actuator Installed on the
Seats
United points out that the NPRM
requires identifying the actuator
installed on the seats in accordance
with part 1, paragraph A.,
‘‘EFFECTIVITY,’’ pages 2 and 3, of
Sogerma-Services Service Bulletin
TAAI1–25–617. United believes that the
Labinal actuator cannot be identified
only by checking for the label on the
seat at the location specified in the
service bulletin. United points out that
the actuator may have been replaced
with other affected part numbers many
times since the seat was originally
delivered, and the actuator
identification label might not be on the
seat. United quotes a note in the service
bulletin, paragraph A., which states,
‘‘Seats equipped with ARTUS actuators,
have not actuator identification label.’’
United suggests adding the following
procedure to the service bulletin: ‘‘In
order to accurately identify the actuator
installed in the seat, open the seat back
shroud to view the identification
nameplate on the actuator.’’
We disagree with the need to add the
specified words to the final rule. As
noted under ‘‘Requests to Reference
Serial Numbers for Replacement, and to
Clarify Table 2 and Paragraph (h) of the
AD,’’ above, we have revised the AD to
remove reference to the Artus actuators.
In addition, the airplane manufacturer
states that each time a new actuator is
shipped to a repair center or
maintenance center, a placard with
relevant information about the actuator
is delivered that is ready to be
incorporated into the seat. It is the
maintenance organization’s or airline
operator’s responsibility to ensure that
the correct placard is located on the
seat. For actuators on which the relevant
P/N or S/N is not visible, Airbus OIT SE
999.0040/05/FB provides service
information for inspecting the seats. As
stated above, reference to this OIT is
now included in Note 1 of the AD.
Request To Include Additional Work
Hours
JetBlue requests that we take into
account the work that would be
required to comply with the AD once
the actual affected motor actuator has
been identified by boroscope probe
visual inspection. JetBlue points out
that the visual inspection portion by
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itself will take only one hour per seat
assembly, as shown in the Costs of
Compliance section of the NPRM.
However, JetBlue states that once the
defective motor actuator has been
identified, it will take more hours to
complete the required tasks. JetBlue
states that the AD should have realistic
information about the time required per
airplane. This information is
approximately four hours with two
mechanics, or 16 work hours per
airplane, as specified in SogermaServices Service Bulletin TAAI1–25–
617.
JetBlue also states that the NPRM does
not mention that the manufacturer is
offering the replacement compliant
motor/actuators free of charge. JetBlue
states that this information might
provide incentive to operators to
perform the initial inspections and any
necessary replacement sooner rather
than later.
ATA, on behalf of Northwest Airlines,
also states that the costs quoted in the
NPRM need to match those of the
referenced service bulletin. Northwest
Airlines points out that Airbus Service
Bulletins A320–25–1430, dated May 31,
2005, and A320–25–3270, dated May 4,
2005, specify 1.5 hours for doing the
same inspection that is detailed in the
costs of compliance of the NPRM.
We partially agree. We disagree that is
necessary to increase the work hours
required to do the inspections. The costs
of compliance that are discussed in AD
rulemaking actions represent only the
time necessary to perform the specific
actions actually required by the AD. In
this case, the only action required by the
AD for all airplanes is the inspection to
determine if an affected actuator is
installed. The costs of compliance also
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.
We agree with including the costs to
do the replacement once a defective
actuator is identified. We also note that
the manufacturer states that it will
supply required parts to the operators at
no cost. We have revised the Costs of
Compliance section accordingly.
Request To Correct Addresses
Sogerma/Barfield requests that we
correct the addresses for SogermaServices and for Messier-Bugatti, which
were given incorrectly in the NPRM.
We agree, and have corrected the
addresses as requested.
Clarification of Reporting Requirement
Although Sogerma-Services Service
Bulletin TAAI1–25–617, dated February
VerDate Aug<31>2005
16:00 Oct 27, 2006
Jkt 211001
1, 2005, specifies sending certain
information to the manufacturer, this
AD does not require that action. We
have added a new paragraph (h) to the
AD to clarify that the report is not
required.
Explanation of Changes to Applicability
of This AD
We have revised the applicability
statement to include the word ‘‘not’’ in
the following phrase, ‘‘on which the
actuator has not been replaced .* * * ’’
This change matches the effectivity of
French airworthiness directive F–2005–
164. Adding the word ‘‘not’’ does not
expand the applicability of the AD.
We have also revised paragraphs (c)(5)
and (c)(7) of the applicability statement
of this AD to include Airbus Model
A321–111, –112, and 131 airplanes, and
Model A330–302 and –303 airplanes.
These airplane models are covered in
the applicability of French
airworthiness directive F–2005–164.
None of these models are on the U.S.
register.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 743 airplanes of
U.S. registry. The inspection takes about
1 work hour per airplane, at an average
labor rate of $65 per work hour. Based
on these figures, the estimated cost of
the inspection for U.S. operators is
$48,295, or $65 per airplane.
The replacement takes about 8 work
hours per seat per airplane, for a
potential total of 16 work hours per
airplane, depending on the number of
actuators identified, at an average labor
rate of $65 per work hour. The
manufacturer states that it will supply
required parts to the operators at no
cost. Based on these figures, the
estimated cost of the replacement for
U.S. operators is between $386,360 and
$772,720, or between $520 and $1,040
per airplane.
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
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63227
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 this AD:
(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.
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
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. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations
2006–22–04 Airbus: Amendment 39–
14801. Docket No. FAA–2006–23633;
Directorate Identifier 2005–NM–242–AD.
Effective Date
(a) This AD becomes effective December 4,
2006.
Table 2 of this AD is found installed, within
56 months after the effective date of this AD,
do the applicable corrective actions in
accordance with Paragraph D.,
‘‘DESCRIPTION,’’ of the service bulletin.
TABLE 2.—AFFECTED ACTUATORS
Affected ADs
(b) None.
Manufacturer
Applicability
(c) This AD applies to the airplanes
identified in Table 1 of this AD, certificated
in any category; equipped with any SogermaServices pilot or co-pilot seat identified in
Sogerma-Services Service Bulletin TAAI1–
25–617, dated February 1, 2005, excluding
any seat having part number (P/N) TAAI3–
03PE00–01, TAAI3–03PE01–01, TAAI3–
03CE00–01, and TAAI3–03CE01–01, with a
serial number (S/N) higher than 791, on
which the actuator has not been replaced
after the date of issuance of the original
standard airworthiness certificate or date of
issuance of the original export certificate of
airworthiness.
TABLE 1.—APPLICABILITY
Airbus model
(1) A318–111 and –112 airplanes.
(2) A319–111, –112, –113, –114, –115,
–131, –132, and –133 airplanes.
(3) A320–111 airplanes.
(4) A320–211, –212, –214, –231, –232, and
–233 airplanes.
(5) A321–111, –112, –131, –211 and –231
airplanes.
(6) A330–201, –202, –203, –223, and –243
airplanes.
(7) A330–301, –302, –303, –321, –322,
–323, –341, –342, and –343 airplanes.
(8) A340–211, –212, and –213 airplanes.
(9) A340–311, –312, and –313 airplanes.
(10) A340–541 airplanes.
(11) A340–642 airplanes.
Unsafe Condition
(d) This AD results from a report of heavy
wear at the driving gear of the rotor shaft end
of the electrical driven motor on certain
actuators of the pilot’s and co-pilot’s seats.
We are issuing this AD to prevent
uncommanded movement of the pilot’s or copilot’s seat during takeoff or landing, which
could result in interference with the
operation of the airplane and consequent
temporary loss of airplane control.
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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.
Inspection for the P/N of the Actuator
(f) Within 56 months after the effective
date of this AD, inspect to determine if an
actuator identified in Table 2 of this AD is
installed in the pilot’s or co-pilot’s seat, in
accordance with Part 1, Paragraph D.,
‘‘DESCRIPTION,’’ of Sogerma-Services
Service Bulletin TAAI1–25–617, dated
February 1, 2005. If any actuator identified in
VerDate Aug<31>2005
16:00 Oct 27, 2006
Jkt 211001
(1) Messier-Bugatti ....
(2) Messier-Bugatti ....
Actuator P/N
4136290004, S/Ns
5079 and below.
4136290005, S/Ns
5079 and below.
Note 1: Sogerma-Services Service
Information Letter SIL–TAAI1–25–059, dated
February 8, 2005, and Airbus Operator
Information Telex SE 999.0040/05/FB, dated
May 27, 2005, are additional sources of
service information for inspecting the seats.
Concurrent Replacements
(g) For Messier-Bugatti actuators identified
in Table 2 of this AD: Concurrently with the
applicable corrective action required by
paragraph (f) of this AD, replace the rotors on
both vertical and horizontal movements with
new rotors, and replace the clutch cap with
a new cap, in accordance with MessierBugatti Service Bulletin 4136290004–25–05
or 4136290005–25–02, both dated April
2005, as applicable.
No Report Required
(h) Although Sogerma-Services Service
Bulletin TAAI1–25–617, dated February 1,
2005, specifies sending certain information to
the manufacturer, this AD does not require
that action.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(j) French airworthiness directive F–2005–
164, issued September 28, 2005, also
addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use Messier-Bugatti Service
Bulletin 4136290004–25–05, dated April
2005, or Messier-Bugatti Service Bulletin
4136290005–25–02, dated April 2005; and
Sogerma-Services Service Bulletin TAAI1–
25–617, dated February 1, 2005; as
applicable; 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 Sogerma-Services, Z.I. de l’Arsenal—
BP 109—17303 Rochefort Cedex, France; and
Messier-Bugatti, 45 Avenue Victor Hugo—
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Fmt 4700
Sfmt 4700
Bat. 227—93538 Aubervilliers, 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.
Issued in Renton, Washington, on October
11, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–17662 Filed 10–27–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 30519 Amdt. No. 3190]
Standard Instrument Approach
Procedures, Weather Takeoff
Minimums; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment establishes,
amends, suspends, or revokes Standard
Instrument Approach Procedures
(SIAPs) and/or Weather Takeoff
Minimums for operations at certain
airports. These regulatory actions are
needed because of the adoption of new
or revised criteria, or because of changes
occurring in the National Airspace
System, such as the commissioning of
new navigational facilities, addition of
new obstacles, or changes in air traffic
requirements. These changes are
designed to provide safe and efficient
use of the navigable airspace and to
promote safe flight operations under
instrument flight rules at the affected
airports.
DATES: This rule is effective October 30,
2006. The compliance date for each
SIAP and/or Weather Takeoff
Minimums is specified in the
amendatory provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of October 30,
2006.
ADDRESSES: Availability of matters
incorporated by reference in the
amendment is as follows:
E:\FR\FM\30OCR1.SGM
30OCR1
Agencies
[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Pages 63225-63228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17662]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-23633; Directorate Identifier 2005-NM-242-AD;
Amendment 39-14801; AD 2006-22-04]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318-100 and A319-100
Series Airplanes; Model A320-111 Airplanes; Model A320-200, A321-200,
A330-200, A330-300, A340-200, and A340-300 Series Airplanes; Model
A340-541 Airplanes; and Model A340-642 Airplanes; Equipped With Certain
Sogerma-Services Powered Seats
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus airplane models identified above. This AD requires
inspecting to determine if a certain actuator is installed in the
pilot's or co-pilot's seat, and doing applicable corrective actions.
For certain actuators, the AD also requires replacing rotors on both
vertical and horizontal movements with new rotors, and replacing the
clutch cap with a new cap. This AD results from a report of heavy wear
at the driving gear of the rotor shaft end of the electrical driven
motor on certain actuators of the pilot's and co-pilot's seats. We are
issuing this AD to prevent uncommanded movement of the pilot's or co-
pilot's seat during takeoff or landing, which could result in
interference with the operation of the airplane and consequent
temporary loss of airplane control.
DATES: This AD becomes effective December 4, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 4,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Sogerma-Services, Z.I. de l'Arsenal--BP 109, 17303
Rochefort Cedex, France; and Messier-Bugatti, 45 Avenue Victor Hugo--
Bat. 227, 93538 Aubervilliers, France; for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Airbus Model
A318-100 and A319-100 series airplanes; Model A320-111 airplanes; Model
A320-200, A321-200, A330-200, A330-300, A340-200, and A340-300 series
airplanes; Model A340-541 airplanes; and Model A340-642 airplanes;
equipped with certain Sogerma-Services powered seats. That NPRM was
published in the Federal Register on January 19, 2006 (71 FR 3021).
That NPRM proposed to require inspecting to determine if a certain
actuator is installed in the pilot's or co-pilot's seat, and doing
applicable corrective actions. For certain actuators, that NPRM also
proposed to require replacing rotors on both vertical and horizontal
movements with new rotors, and replacing the clutch cap with a new cap.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the NPRM
Airbus supports the contents of the NPRM. Northwest Airlines
supports the intent of the NPRM.
Request To Extend Compliance Time Based on Parts Availability
United Airlines states that the actuator supplier has a limited
quantity of spare actuators. United estimates that it would require a
six-month window between the AD release date and the AD effective date
to permit sufficient time to rotate its spares through the shop for AD
rework. United requests that we select an AD effective date that is at
least six to eight months after the AD release date to provide
sufficient lead time for the industry to rotate the spare actuators and
seats. The Air Transport Association (ATA), on behalf of USAirways,
also states that its members have spoken to the seat manufacturer and
raised concerns that there might be part shortages. ATA states that the
issue of parts availability needs to be addressed before the AD is
released.
We infer that the commenters request that we extend the compliance
time in paragraph (h) of the NPRM or that we remove that paragraph from
the final rule. Regarding parts shortages, we have confirmed with
Airbus and EADS Sogerma that the necessary parts are available well
within the time necessary to replace the actuators. We have not changed
the final rule in this regard.
Request To Extend Compliance Time To Match Heavy Maintenance Schedule
ATA, on behalf of USAirways, requests that the compliance time be
extended from 56 months to 72 months. This extension would allow
USAirways to accomplish the AD requirements during heavy maintenance.
We do not agree with the request to extend the compliance time
based on an operator's heavy maintenance schedule. We have determined
that the compliance time, as proposed, represents the maximum interval
of time allowable for the affected airplanes to continue to safely
operate before the inspection is done. Since maintenance schedules vary
among operators, there would be no assurance that the airplane would be
inspected during that maximum interval. We have not changed the final
rule in this regard. However, operators may request approval of an
alternative method of compliance in accordance with the procedures
specified in paragraph (i) of this AD.
Request To Reduce Compliance Time
The Airline Pilot's Association (ALPA) recommends that the
compliance time for the actuator/component replacement should be no
greater than 50 percent of the component time-in-service that would
[[Page 63226]]
result in the noted unsafe wear condition. ALPA states that if the
compliance time meets this criterion, then the NPRM, as written, is
satisfactory; if not, the proposed compliance time should be reduced
accordingly.
We disagree with the need to reduce the compliance time based on
the stated criterion. In developing the compliance time for this AD, we
considered not only the safety implications of the identified unsafe
condition, but the average utilization rate of the affected fleet, the
practical aspects of doing the required actions during regular
maintenance periods, the availability of required parts, and the time
necessary for the rulemaking process. We find that the compliance time,
as proposed in the NPRM, provides an acceptable level of safety. We
have not changed the final rule in this regard.
Request To Remove Requirement To Replace Rotors and Clutch Cap
JetBlue Airways states that the NPRM refers to a work scope that
includes replacing vertical and horizontal rotors and replacing the
clutch cap. JetBlue points out that Sogerma-Services Service Bulletin
TAAI1-25-617, dated February 1, 2005, refers to replacing only the
affected motor/actuator as a unit for the vertical direction and marks
the seat data plate. (Sogerma-Services Service Bulletin TAAI1-25-617
was referenced in the NPRM as an appropriate source of service
information for accomplishing certain actions). JetBlue states that a
flow chart on page 4 of the service bulletin provides a more accurate
and easier-to-understand work scope for operators to implement.
We agree. Paragraph (f) of the NPRM refers to Part 3., ``OPERATING
INSTRUCTIONS,'' of Sogerma-Services Service Bulletin TAAI1-25-617 for
instructions regarding replacing the vertical and horizontal rotors and
replacing the clutch cap. As JetBlue points out, the flow chart on page
4 of Sogerma-Services Service Bulletin TAAI1-25-617 provides an
accurate and easy-to-understand work scope for operators to implement.
Therefore, we have changed paragraph (f) of the AD to refer to the flow
chart in Part 1, paragraph D., ``DESCRIPTION,'' of the service
bulletin.
Request To Reference Service Information Letter (SIL)
Sogerma/Barfield states that the correct service information for
inspecting the seats is not Sogerma-Services Service Bulletin TAAI1-25-
617, dated February 1, 2005, as specified in the NPRM, but Sogerma-
Services SIL, SIL-TAAI1-25-059, dated February 8, 2005.
We clarify that, for airplanes on which the part number and serial
number are not visible on the seat base, Sogerma-Services SIL SIL-
TAAI1-25-059 provides service information for inspecting the seats to
determine their identity. In addition, Airbus Operator Information
Telex (OIT) SE 999.0040/05/FB, dated May 27, 2005, also provides
service information for inspecting the seats. Therefore, we have added
Note 1 to the AD to identify these two documents as additional sources
of service information for doing the inspection required by paragraph
(f) of the AD.
Requests To Reference Serial Numbers (S/Ns) for Replacement, and To
Clarify Table 2 and Paragraph (h) of the AD
Sogerma/Barfield points out that paragraph (f) of the NPRM
specifies replacing all actuators listed in Table 2 of the NPRM.
Sogerma/Barfield requests we change that paragraph to specify that only
Labinal actuators with the part number (P/N) identified in Table 2 of
the NPRM must be replaced, that all actuators having P/N 4136290005
must be replaced, and that P/N 4136290004 must be replaced only if the
serial number of the part is lower than 5079. Sogerma/Barfield states
that Aviac and Artus actuators are not affected.
JetBlue confirms Sogerma/Barfield's statements about Table 2 and
points out that the statement regarding the installation of spare parts
in paragraph (h) of the NPRM is also incorrect because it references
Table 2. JetBlue states that the incorrect information in Table 2 could
mislead inspectors and operators into replacing actuators that are not
affected and are not potentially defective.
United also requests that we clarify paragraph (h) of the NPRM to
specify that only Labinal actuators are affected, and that the Aviac or
Artus actuators can still be installed provided the seat amendment
label is installed.
We agree with revising the P/N and S/N references for the Labinal
actuators, as well as with the fact that Aviac and Artus actuators are
not affected by the required actions. Airbus has confirmed that these
requested changes are correct. In addition, French airworthiness
directive F-2005-164, issued September 28, 2005, which is the parallel
airworthiness directive for this AD, states that actuators having P/Ns
4136290004 and 4136290005 with S/Ns below 5080 must be removed from
service. All P/N 4136290005 S/Ns are currently in the below-5080 range.
We have revised table 2 and paragraph (f) of the AD to change the
part number references. In addition, we have removed paragraph (h) of
the NPRM from this final rule because we agree that it could be
misleading.
Request To Add Procedure for Identifying Actuator Installed on the
Seats
United points out that the NPRM requires identifying the actuator
installed on the seats in accordance with part 1, paragraph A.,
``EFFECTIVITY,'' pages 2 and 3, of Sogerma-Services Service Bulletin
TAAI1-25-617. United believes that the Labinal actuator cannot be
identified only by checking for the label on the seat at the location
specified in the service bulletin. United points out that the actuator
may have been replaced with other affected part numbers many times
since the seat was originally delivered, and the actuator
identification label might not be on the seat. United quotes a note in
the service bulletin, paragraph A., which states, ``Seats equipped with
ARTUS actuators, have not actuator identification label.'' United
suggests adding the following procedure to the service bulletin: ``In
order to accurately identify the actuator installed in the seat, open
the seat back shroud to view the identification nameplate on the
actuator.''
We disagree with the need to add the specified words to the final
rule. As noted under ``Requests to Reference Serial Numbers for
Replacement, and to Clarify Table 2 and Paragraph (h) of the AD,''
above, we have revised the AD to remove reference to the Artus
actuators. In addition, the airplane manufacturer states that each time
a new actuator is shipped to a repair center or maintenance center, a
placard with relevant information about the actuator is delivered that
is ready to be incorporated into the seat. It is the maintenance
organization's or airline operator's responsibility to ensure that the
correct placard is located on the seat. For actuators on which the
relevant P/N or S/N is not visible, Airbus OIT SE 999.0040/05/FB
provides service information for inspecting the seats. As stated above,
reference to this OIT is now included in Note 1 of the AD.
Request To Include Additional Work Hours
JetBlue requests that we take into account the work that would be
required to comply with the AD once the actual affected motor actuator
has been identified by boroscope probe visual inspection. JetBlue
points out that the visual inspection portion by
[[Page 63227]]
itself will take only one hour per seat assembly, as shown in the Costs
of Compliance section of the NPRM. However, JetBlue states that once
the defective motor actuator has been identified, it will take more
hours to complete the required tasks. JetBlue states that the AD should
have realistic information about the time required per airplane. This
information is approximately four hours with two mechanics, or 16 work
hours per airplane, as specified in Sogerma-Services Service Bulletin
TAAI1-25-617.
JetBlue also states that the NPRM does not mention that the
manufacturer is offering the replacement compliant motor/actuators free
of charge. JetBlue states that this information might provide incentive
to operators to perform the initial inspections and any necessary
replacement sooner rather than later.
ATA, on behalf of Northwest Airlines, also states that the costs
quoted in the NPRM need to match those of the referenced service
bulletin. Northwest Airlines points out that Airbus Service Bulletins
A320-25-1430, dated May 31, 2005, and A320-25-3270, dated May 4, 2005,
specify 1.5 hours for doing the same inspection that is detailed in the
costs of compliance of the NPRM.
We partially agree. We disagree that is necessary to increase the
work hours required to do the inspections. The costs of compliance that
are discussed in AD rulemaking actions represent only the time
necessary to perform the specific actions actually required by the AD.
In this case, the only action required by the AD for all airplanes is
the inspection to determine if an affected actuator is installed. The
costs of compliance also 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.
We agree with including the costs to do the replacement once a
defective actuator is identified. We also note that the manufacturer
states that it will supply required parts to the operators at no cost.
We have revised the Costs of Compliance section accordingly.
Request To Correct Addresses
Sogerma/Barfield requests that we correct the addresses for
Sogerma-Services and for Messier-Bugatti, which were given incorrectly
in the NPRM.
We agree, and have corrected the addresses as requested.
Clarification of Reporting Requirement
Although Sogerma-Services Service Bulletin TAAI1-25-617, dated
February 1, 2005, specifies sending certain information to the
manufacturer, this AD does not require that action. We have added a new
paragraph (h) to the AD to clarify that the report is not required.
Explanation of Changes to Applicability of This AD
We have revised the applicability statement to include the word
``not'' in the following phrase, ``on which the actuator has not been
replaced .* * * '' This change matches the effectivity of French
airworthiness directive F-2005-164. Adding the word ``not'' does not
expand the applicability of the AD.
We have also revised paragraphs (c)(5) and (c)(7) of the
applicability statement of this AD to include Airbus Model A321-111, -
112, and 131 airplanes, and Model A330-302 and -303 airplanes. These
airplane models are covered in the applicability of French
airworthiness directive F-2005-164. None of these models are on the
U.S. register.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 743 airplanes of U.S. registry. The
inspection takes about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of the inspection for U.S. operators is $48,295, or $65 per airplane.
The replacement takes about 8 work hours per seat per airplane, for
a potential total of 16 work hours per airplane, depending on the
number of actuators identified, at an average labor rate of $65 per
work hour. The manufacturer states that it will supply required parts
to the operators at no cost. Based on these figures, the estimated cost
of the replacement for U.S. operators is between $386,360 and $772,720,
or between $520 and $1,040 per airplane.
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 this AD:
(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.
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):
[[Page 63228]]
2006-22-04 Airbus: Amendment 39-14801. Docket No. FAA-2006-23633;
Directorate Identifier 2005-NM-242-AD.
Effective Date
(a) This AD becomes effective December 4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in Table 1 of
this AD, certificated in any category; equipped with any Sogerma-
Services pilot or co-pilot seat identified in Sogerma-Services
Service Bulletin TAAI1-25-617, dated February 1, 2005, excluding any
seat having part number (P/N) TAAI3-03PE00-01, TAAI3-03PE01-01,
TAAI3-03CE00-01, and TAAI3-03CE01-01, with a serial number (S/N)
higher than 791, on which the actuator has not been replaced after
the date of issuance of the original standard airworthiness
certificate or date of issuance of the original export certificate
of airworthiness.
Table 1.--Applicability
------------------------------------------------------------------------
Airbus model
-------------------------------------------------------------------------
(1) A318-111 and -112 airplanes.
(2) A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.
(3) A320-111 airplanes.
(4) A320-211, -212, -214, -231, -232, and -233 airplanes.
(5) A321-111, -112, -131, -211 and -231 airplanes.
(6) A330-201, -202, -203, -223, and -243 airplanes.
(7) A330-301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes.
(8) A340-211, -212, and -213 airplanes.
(9) A340-311, -312, and -313 airplanes.
(10) A340-541 airplanes.
(11) A340-642 airplanes.
------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from a report of heavy wear at the driving
gear of the rotor shaft end of the electrical driven motor on
certain actuators of the pilot's and co-pilot's seats. We are
issuing this AD to prevent uncommanded movement of the pilot's or
co-pilot's seat during takeoff or landing, which could result in
interference with the operation of the airplane and consequent
temporary loss of airplane control.
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.
Inspection for the P/N of the Actuator
(f) Within 56 months after the effective date of this AD,
inspect to determine if an actuator identified in Table 2 of this AD
is installed in the pilot's or co-pilot's seat, in accordance with
Part 1, Paragraph D., ``DESCRIPTION,'' of Sogerma-Services Service
Bulletin TAAI1-25-617, dated February 1, 2005. If any actuator
identified in Table 2 of this AD is found installed, within 56
months after the effective date of this AD, do the applicable
corrective actions in accordance with Paragraph D., ``DESCRIPTION,''
of the service bulletin.
Table 2.--Affected Actuators
------------------------------------------------------------------------
Manufacturer Actuator P/N
------------------------------------------------------------------------
(1) Messier-Bugatti....................... 4136290004, S/Ns 5079 and
below.
(2) Messier-Bugatti....................... 4136290005, S/Ns 5079 and
below.
------------------------------------------------------------------------
Note 1: Sogerma-Services Service Information Letter SIL-TAAI1-
25-059, dated February 8, 2005, and Airbus Operator Information
Telex SE 999.0040/05/FB, dated May 27, 2005, are additional sources
of service information for inspecting the seats.
Concurrent Replacements
(g) For Messier-Bugatti actuators identified in Table 2 of this
AD: Concurrently with the applicable corrective action required by
paragraph (f) of this AD, replace the rotors on both vertical and
horizontal movements with new rotors, and replace the clutch cap
with a new cap, in accordance with Messier-Bugatti Service Bulletin
4136290004-25-05 or 4136290005-25-02, both dated April 2005, as
applicable.
No Report Required
(h) Although Sogerma-Services Service Bulletin TAAI1-25-617,
dated February 1, 2005, specifies sending certain information to the
manufacturer, this AD does not require that action.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with 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
(j) French airworthiness directive F-2005-164, issued September
28, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use Messier-Bugatti Service Bulletin 4136290004-25-
05, dated April 2005, or Messier-Bugatti Service Bulletin
4136290005-25-02, dated April 2005; and Sogerma-Services Service
Bulletin TAAI1-25-617, dated February 1, 2005; as applicable; 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 Sogerma-Services, Z.I. de
l'Arsenal--BP 109--17303 Rochefort Cedex, France; and Messier-
Bugatti, 45 Avenue Victor Hugo--Bat. 227--93538 Aubervilliers,
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.
Issued in Renton, Washington, on October 11, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-17662 Filed 10-27-06; 8:45 am]
BILLING CODE 4910-13-P