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38062 Federal Register / Vol. 71, No.

128 / Wednesday, July 5, 2006 / Rules and Regulations

The Director of the Federal Register landing. This action is intended to airplanes do not have SM8 pins that are
approved the incorporation by reference of address the identified unsafe condition. affected by the actions in this proposed
these documents in accordance with 5 U.S.C. AD.
DATES: Effective August 9, 2006.
552(a) and 1 CFR part 51. Contact Airbus, 1 We agree. Airbus Model A340–541
Rond Point Maurice Bellonte, 31707 Blagnac The incorporation by reference of
certain publications listed in the airplanes are not included in either the
Cedex, France, for a copy of this service
information. You may review copies at the regulations is approved by the Director French airworthiness directives or the
Docket Management Facility, U.S. of the Federal Register as of August 9, all-operators telexes (AOTs) that are
Department of Transportation, 400 Seventh 2006. referenced in the proposed AD. We
Street, SW., Room PL–401, Nassif Building, ADDRESSES: The service information
included the Airbus Model A340–541
Washington, DC; on the Internet at http:// referenced in this AD may be obtained inadvertently in our proposed AD. We
dms.dot.gov; or at the National Archives and have revised the final rule to exclude
Records Administration (NARA). For
from Airbus, 1 Rond Point Maurice
this airplane model.
information on the availability of this Bellonte, 31707 Blagnac Cedex, France.
material at the NARA, call (202) 741–6030, This information may be examined at Request To Revise Compliance Time in
or go to http://www.archives.gov/ the Federal Aviation Administration Paragraph (e)(1) of the Proposed AD
federal_register/code_of_federal_regulations/ (FAA), Transport Airplane Directorate, Airbus also observes that the
ibr_locations.html. Rules Docket, 1601 Lind Avenue, SW., proposed AD includes in paragraph
Issued in Renton, Washington, on June 23, Renton, Washington. (e)(1) the requirement to make all
2006. FOR FURTHER INFORMATION CONTACT: Dan necessary repairs and unblock any
Kalene C. Yanamura, Rodina, Aerospace Engineer, blocked greaseway ‘‘before further
Acting Manager, Transport Airplane International Branch, ANM–116, FAA, flight.’’ Airbus suggests that we may
Directorate, Aircraft Certification Service. Transport Airplane Directorate, 1601 have misunderstood the intent of the
[FR Doc. 06–5944 Filed 7–3–06; 8:45 am] Lind Avenue, SW., Renton, Washington French airworthiness directives and the
BILLING CODE 4910–13–P 98055–4056; telephone (425) 227–2125; AOTs, and requests that we change this
fax (425) 227–1149. compliance time to agree with the time
SUPPLEMENTARY INFORMATION: A in those documents. Instead of ‘‘before
DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal further flight,’’ Airbus states that the
Aviation Regulations (14 CFR part 39) to compliance time should be ‘‘within 700
Federal Aviation Administration include an airworthiness directive (AD) flight hours.’’
that is applicable to certain Airbus We agree. We have changed paragraph
14 CFR Part 39 Model A330 series airplanes; Airbus (e)(1) of the final rule to state that
Model A340–300 series airplanes; and operators should comply with the
[Docket No. 2002–NM–247–AD; Amendment actions in that paragraph ‘‘within 700
Airbus Model A340–541 airplanes was
39–14673; AD 2006–14–02]
published in the Federal Register on flight hours after the general visual
RIN 2120–AA64 April 1, 2004 (69 FR 17088). That action inspection’’ rather than ‘‘before further
proposed to require lubrication of the flight.’’ We have determined that
Airworthiness Directives; Airbus Model upper and lower shortening mechanism extending the compliance time will not
A330–200 and A330–300 Series (SM) link of the main landing gear, and adversely affect safety.
Airplanes, and Airbus Model A340–200 consequent detection of resistance or Requests To Revise Compliance Time in
and A340–300 Series Airplanes blockage of the greaseway. Depending Paragraph (e)(2) of the Proposed AD
upon the resistance finding and upon
AGENCY: Federal Aviation whether or not the airplane has a certain Air Transportation Association, on
Administration, DOT. modification, that action also proposed behalf of U.S. Airways, expresses
ACTION: Final rule. to require various other actions concern over the facilities needed to
including unblocking the greaseway; perform the ‘‘tall’’ airplane jacking that
SUMMARY: This amendment adopts a must be done to accomplish the SM8
accomplishing all necessary repairs;
new airworthiness directive (AD), performing various inspections; and pin replacement. U.S. Airways notes
applicable to certain Airbus Model accomplishing the eventual replacement that this jacking procedure must be
A330–200 and A330–300 series of the SM8 pin, if necessary. accomplished indoors and requires
airplanes; and Airbus Model A340–200 equipment and a facility capable of
and A340–300 series airplanes. This AD Comments handling the abnormal jacking height.
requires lubrication of the upper and Interested persons have been afforded U.S. Airways recommends that we
lower shortening mechanism (SM) link an opportunity to participate in the revise paragraph (e)(2) of the proposed
of the main landing gear, and making of this amendment. Due AD to allow 180 flight cycles for
consequent detection of resistance or consideration has been given to the operators to plan for the pin
blockage of the greaseway. Depending comments received. replacement after a finding in
upon the resistance finding and upon accordance with paragraph (e) of the
whether or not the airplane has a certain Support for the Proposed AD proposed AD. ATA supports the
modification, this AD also requires US Airways expresses support for the observation and recommends that we
various other actions including proposed AD. Northwest Airlines notes adopt U.S. Airways’ recommendation.
unblocking the greaseway; that it does not operate any airplanes We partially agree. We agree with the
accomplishing all necessary repairs; affected by the proposed AD. commenters that a grace period should
performing various inspections; and be added. We disagree with the
accomplishing the eventual replacement Request To Remove Certain Airplanes proposed 180 flight cycles. Instead, we
of the SM8 pin, if necessary. This action From Applicability have changed paragraph (e)(2) of the
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is necessary to prevent failure of the Airbus notes that the applicability of final rule to require that the actions in
landing gear lengthening system, which the proposed AD should not include paragraph (e)(2) be performed ‘‘within
could result in reduced controllability Airbus Model A340–541 airplanes. 20 flight cycles after the general visual
of the airplane on the ground during Airbus states that Model A340–541 inspection’’ to match the intent of the

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Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations 38063

French airworthiness directives and the Cost Impact the States, on the relationship between
AOTs. We estimate that 9 Model A330 series the national Government and the States,
airplanes of U.S. registry will be affected or on the distribution of power and
Explanation of Further Changes to
by this AD, that it will take responsibilities among the various
Applicability
approximately 1 work hour per airplane levels of government. Therefore, it is
We have revised the applicability of to accomplish the proposed lubrication, determined that this final rule does not
the proposed AD to identify model and that the average labor rate is $65 per have federalism implications under
designations as published in the most work hour. Based on these figures, the Executive Order 13132.
recent type certificate data sheet for the For the reasons discussed above, I
cost impact of the AD on U.S. operators
affected models. certify that this action (1) is not a
is estimated to be $585, or $65 per
‘‘significant regulatory action’’ under
We also have made minor editorial airplane.
Executive Order 12866; (2) is not a
changes to clarify the applicability and The cost impact figure discussed
‘‘significant rule’’ under DOT
paragraph (b)(1) of this AD, as follows. above is based on assumptions that no
Regulatory Policies and Procedures (44
We changed the phrases ‘‘original operator has yet accomplished any of
FR 11034, February 26, 1979); and (3)
Airworthiness Certificate’’ to ‘‘original the requirements of this AD action, and
will not have a significant economic
French standard Airworthiness that no operator would accomplish
impact, positive or negative, on a
Certificate,’’ and ‘‘Export Certificate of those actions in the future if this AD
substantial number of small entities
Airworthiness’’ to ‘‘original Export were not adopted. The cost impact
under the criteria of the Regulatory
Certificate of Airworthiness. We also figures discussed in AD rulemaking
Flexibility Act. A final evaluation has
removed an unnecessary phrase, actions represent only the time
been prepared for this action and it is
‘‘whichever occurs later,’’ from the necessary to perform the specific actions
contained in the Rules Docket. A copy
applicability. In addition, we revised actually required by the AD. These
of it may be obtained from the Rules
paragraph (b)(1) of this AD to remove an figures typically do not include
Docket at the location provided under
unnecessary phrase—‘‘whichever occurs incidental costs, such as the time
the caption ADDRESSES.
first.’’ required to gain access and close up,
Furthermore, we inadvertently planning time, or time necessitated by List of Subjects in 14 CFR Part 39
excluded Airbus Model A340–200 series other administrative actions. Air transportation, Aircraft, Aviation
airplanes from the applicability of the Currently, there are no affected Model safety, Incorporation by reference,
NPRM. Both French airworthiness A340 airplanes on the U.S. Register. Safety.
directive 2002–265(B) R2, dated January However, if an affected airplane is
imported and placed on the U.S. Adoption of the Amendment
8, 2003, and Airbus AOT 323A4189,
dated March 26, 2002, are applicable to Register in the future, it would take ■ Accordingly, pursuant to the authority
both A340–200 and A340–300 series approximately 1 work hour per airplane delegated to me by the Administrator,
airplanes. Since there are no affected to accomplish the proposed lubrication the Federal Aviation Administration
A340–200 series airplanes on the U.S. at an average labor rate of $65 per work amends part 39 of the Federal Aviation
register, we find that this correction hour. Based on these figures, we Regulations (14 CFR part 39) as follows:
does not expand the scope of the NPRM. estimate the cost of the lubrication
We have revised the final rule to required by this AD for these airplanes PART 39—AIRWORTHINESS
include the Model A340–200 series to be $65 per airplane. DIRECTIVES
airplanes. Authority for this Rulemaking ■ 1. The authority citation for part 39
Clarification of Editorial Changes to AD Title 49 of the United States Code continues to read as follows:
specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.
We have clarified paragraphs (b), (c), rules on aviation safety. Subtitle I,
(e), and (f) of the AD to reference Section 106, describes the authority of § 39.13 [Amended]
specific paragraphs of the AOT that are the FAA Administrator. Subtitle VII, ■ 2. Section 39.13 is amended by adding
necessary for accomplishing the Aviation Programs, describes in more the following new airworthiness
specified actions. detail the scope of the Agency’s directive:
Clarification of Alternative Method of authority. 2006–14–02 Airbus: Amendment 39–14673.
Compliance (AMOC) Paragraph We are issuing this rulemaking under Docket 2002–NM–247–AD.
the authority described in Subtitle VII, Applicability: Model A330–201, –202,
We have revised this action to clarify Part A, Subpart III, Section 44701, –203, –223, –243, –301, –321, –322, –323,
the appropriate procedure for notifying ‘‘General requirements.’’ Under that –341, –342, and –343 airplanes; and Model
the principal inspector before using any section, Congress charges the FAA with A340–211, –212, –213, –311, –312, and –313
approved AMOC on any airplane to promoting safe flight of civil aircraft in airplanes, certificated in any category; having
which the AMOC applies. a date of issuance of the original French
air commerce by prescribing regulations standard Airworthiness Certificate or the date
Conclusion for practices, methods, and procedures of issuance of the original Export Certificate
the Administrator finds necessary for of Airworthiness of May 24, 2002, or earlier.
After careful review of the available safety in air commerce. This regulation Compliance: Required as indicated, unless
data, including the comments noted is within the scope of that authority accomplished previously.
above, we have determined that air because it addresses an unsafe condition To prevent failure of the landing gear
safety and the public interest require the that is likely to exist or develop on lengthening system, which could result in
adoption of the rule with the changes products identified in this rulemaking reduced controllability of the airplane on the
previously described. We have ground during landing, accomplish the
action.
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following:
determined that these changes will
neither increase the economic burden Regulatory Impact All Operators Telex Reference
on any operator nor increase the scope The regulations adopted herein will (a) The term ‘‘all operators telex,’’ or
of the AD. not have a substantial direct effect on ‘‘AOT,’’ as used in this AD, means the Short-

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38064 Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations

Term Action section of the following AOTs, AD at intervals not to exceed 20 flight cycles Incorporation by Reference
as applicable: until the action in paragraph (e)(3) is (i) Unless otherwise specified in this AD,
(1) For Model A330–201, –202, –203, –223, accomplished. the actions must be done in accordance with
–243, –301, –321, –322, –323, –341, –342, (3) If the inspection required by paragraph Airbus A330 All Operators Telex 32A3151,
and –343 airplanes: Airbus A330 AOT (e) of this AD reveals a migration of the SM8 dated March 26, 2002; and Airbus A340 All
32A3151, dated March 26, 2002; and pin end caps to a gap of 3.0 mm or greater: Operators Telex 32A4189, dated March 26,
(2) For Model A340–211, –212, –213, –311, Before further flight, remove the SM8 pin, 2002; as applicable. This incorporation by
–312, and –313 airplanes: Airbus A340 AOT and perform a general visual inspection of reference was approved by the Director of the
32A4189, dated March 26, 2002. the SM upper link, SM lower link, and SM8 Federal Register in accordance with 5 U.S.C.
pin for damage or blockage, and make all 552(a) and 1 CFR part 51. To get copies of
Lubrication necessary repairs before further flight in this service information, contact Airbus, 1
(b) At the later of the compliance times in accordance with paragraph 4.3 of the
Rond Point Maurice Bellonte, 31707 Blagnac
paragraphs (b)(1) and (b)(2) of this AD: applicable AOT.
Cedex, France. To inspect copies of this
Lubricate the upper and lower shortening Note 1: For the purposes of this AD, a service information, go to the FAA, Transport
mechanism (SM) link of the main landing general visual inspection is defined as: ‘‘A Airplane Directorate, 1601 Lind Avenue,
gear in accordance with paragraph 4.2.1 of visual examination of an interior or exterior SW., Renton, Washington; or to the National
the applicable AOT. area, installation, or assembly to detect Archives and Records Administration
(1) Within 6 months after the date of obvious damage, failure, or irregularity. This (NARA). For information on the availability
issuance of the original French standard level of inspection is made from within of this material at the NARA, call (202) 741–
Airworthiness Certificate or the date of touching distance unless otherwise specified. 6030, or go to http://www.archives.gov/
issuance of the original Export Certificate of A mirror may be necessary to enhance visual federal_register/code_of_federal_regulations/
Airworthiness. access to all exposed surfaces in the ibr_locations.html.
(2) Within 700 flight hours or 60 days after inspection area. This level of inspection is
the effective date of this AD, whichever made under normally available lighting Effective Date
occurs first. conditions such as daylight, hangar lighting, (j) This amendment becomes effective on
(c) If, during the lubrication required by flashlight, or drop light and may require August 9, 2006.
paragraph (b) of this AD, any corrective removal or opening of access panels or doors.
Issued in Renton, Washington, on June 22,
actions are required, do paragraph (c)(1) or Stands, ladders, or platforms may be required
2006.
(c)(2) of this AD, as applicable. to gain proximity to the area being checked.’’
(1) If Airbus Modification 46904 has been Kalene C. Yanamura,
accomplished, the corrective actions must be Detailed Inspections and Corrective Actions Acting Manager, Transport Airplane
performed in accordance with paragraphs (f) If no noticeable resistance or blockage Directorate, Aircraft Certification Service.
4.2.2 and 4.3 of the applicable AOT. of the greaseway is noted during the [FR Doc. 06–5943 Filed 7–3–06; 8:45 am]
(2) If Airbus Modification 46904 has not lubrication required by paragraph (b) of this BILLING CODE 4910–13–P
been accomplished, do the applicable AD: Within 700 flight hours after the
inspection and all necessary corrective effective date of this AD, do a detailed
actions in accordance with paragraph 4.3 of inspection of the SM8 pin for damage or
corrosion; unblock any blocked greaseway; DEPARTMENT OF TRANSPORTATION
the applicable AOT.
(d) If, during the lubrication required by and replace any damaged or corroded pin
with a new part; in accordance with Federal Aviation Administration
paragraph (b) of this AD, there is noticeable
resistance or blockage of the greaseway: paragraph 4.2.2 of the applicable AOT.
Before further flight, do the applicable 14 CFR Part 97
Note 2: For the purposes of this AD, a
inspection and all necessary corrective detailed inspection is defined as: ‘‘An [Docket No. 30501; Amdt. No. 3173]
actions in paragraphs (e) and (f) of this AD. intensive visual examination of a specific
Inspections and Corrective Action structural area, system, installation, or Standard Instrument Approach
assembly to detect damage, failure, or Procedures; Miscellaneous
(e) For airplanes on which Airbus irregularity. Available lighting is normally
Modification 46904 has been incorporated Amendments
supplemented with a direct source of good
that have a discrepant greaseway per lighting at intensity deemed appropriate by AGENCY: Federal Aviation
paragraph (d) of this AD; and for airplanes on the inspector. Inspection aids such as mirror, Administration (FAA), DOT.
which Airbus Modification 46904 has not magnifying lenses, etc., may be used. Surface
been incorporated that do not have a ACTION: Final rule.
cleaning and elaborate access procedures
discrepant greaseway: Before further flight may be required.’’ SUMMARY: This amendment amends
following the lubrication required by
paragraph (b) of this AD, do a general visual No Reporting Requirements Standard Instrument Approach
inspection for clearance of the end caps of (g) Although the AOTs referenced in this Procedures (SIAPs) for operations at
the SM8 pin, and the presence of the split AD specify to report inspection results to the certain airports. These regulatory
pin, the nut, the end caps, and the bolts; in manufacturer, this AD does not include such actions are needed because of changes
accordance with paragraph 4.2.2 of the a requirement. occurring in the National Airspace
applicable AOT. System, such as the commissioning of
(1) If the combined gap of both end caps Alternative Methods of Compliance
new navigational facilities, addition of
to the outer flanges of the bushes in the lower (h)(1) In accordance with 14 CFR 39.19, the
new obstacles, or changes in air traffic
SM is less than 0.75 mm: Within 700 flight Manager, International Branch, ANM–116,
hours after the general visual inspection, Transport Airplane Directorate, FAA, is requirements. These changes are
make all necessary repairs and unblock any authorized to approve alternative methods of designed to provide safe and efficient
blocked greaseway, in accordance with compliance (AMOCs) for this AD. use of the navigable airspace and to
paragraphs 4.2.2 and 4.3 of the applicable (2) Before using any AMOC approved in promote safe flight operations under
AOT. accordance with § 39.19 on any airplane to instrument flight rules at the affected
(2) If the inspection required by paragraph which the AMOC applies, notify the airports.
(e) of this AD reveals a migration of the SM8 appropriate principal inspector in the FAA
Flight Standards Certificate Holding District DATES: This rule is effective July 5,
pin end caps to a gap of 0.75 mm to 3.0 mm:
2006. The compliance date for each
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Within 20 flight cycles after the general Office.


visual inspection, unblock any blocked Note 3: The subject of this AD is addressed SIAP is specified in the amendatory
greaseway in accordance with paragraph 4.3 in French airworthiness directives 2002– provisions.
of the applicable AOT, and repeat the 262(B) R1, and 2002–265(B) R2, both dated The incorporation by reference of
inspection required by paragraph (e) of this January 8, 2003. certain publications listed in the

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