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Federal Register / Vol. 70, No.

151 / Monday, August 8, 2005 / Proposed Rules 45585

(2) If an inspection required by paragraph with modified smoke detectors. This invite comments on the overall
(i) of this AD was done before the effective proposed AD is prompted by a report regulatory, economic, environmental,
date of this AD: Submit a report within 30 indicating that the affected smoke and energy aspects of the proposed AD.
days after the effective date of this AD. detectors can ‘‘lock up’’ during We will consider all comments
Parts Installation electrical power transfer from the submitted by the closing date and may
(l) As of the effective date of this AD, no auxiliary power unit to the engines. We amend the proposed AD in light of those
person may install an aileron or elevator are proposing this AD to identify and comments.
actuator having a P/N and S/N specified in provide corrective action for a We will post all comments we
the applicable customer bulletin on any potentially inoperative smoke detector receive, without change, to http://
airplane, unless the actuator has been and to ensure that the flightcrew is dms.dot.gov, including any personal
inspected according to paragraph (i) of this alerted in the event of a fire. information you provide. We will also
AD. post a report summarizing each
DATES: We must receive comments on
Special Flight Permit Prohibited this proposed AD by September 22, substantive verbal contact with FAA
(m) Special flight permits (14 CFR 21.197 2005. personnel concerning this proposed AD.
and 21.199) are not allowed if any broken Using the search function of that Web
ADDRESSES: Use one of the following site, anyone can find and read the
damper shaft is found during any inspection
required by paragraph (i) of this AD.
addresses to submit comments on this comments in any of our dockets,
proposed AD. including the name of the individual
Alternative Methods of Compliance • DOT Docket Web site: Go to who sent the comment (or signed the
(AMOCs) http://dms.dot.gov and follow the comment on behalf of an association,
(n) The Manager, Atlanta ACO, FAA, has instructions for sending your comments business, labor union, etc.). You can
the authority to approve AMOCs for this AD, electronically. review DOT’s complete Privacy Act
if requested in accordance with the • Government-wide Rulemaking Web Statement in the Federal Register
procedures found in 14 CFR 39.19. site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR
Issued in Renton, Washington, on August and follow the instructions for sending 19477–78), or you can visit http://
2, 2005. your comments electronically. dms.dot.gov.
Kevin Mullin, • Mail: Docket Management Facility,
Acting Manager, Transport Airplane U.S. Department of Transportation, 400 Examining the Docket
Directorate, Aircraft Certification Service. Seventh Street SW., Nassif Building, You can examine the AD docket on
[FR Doc. 05–15589 Filed 8–5–05; 8:45 am] room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in
BILLING CODE 4910–13–P
• By Fax: (202) 493–2251. person at the Docket Management
• Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5
the plaza level of the Nassif Building, p.m., Monday through Friday, except
DEPARTMENT OF TRANSPORTATION 400 Seventh Street SW., Washington, Federal holidays. The Docket
DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone
Federal Aviation Administration through Friday, except Federal holidays. (800) 647–5227) is located on the plaza
For service information identified in level of the Nassif Building at the DOT
14 CFR Part 39 this proposed AD, contact Meggitt street address stated in the ADDRESSES
Safety Systems Inc., 1915 Voyager section. Comments will be available in
[Docket No. FAA–2005–22031; Directorate
Avenue, Simi Valley, California 93063. the AD docket shortly after the DMS
Identifier 2004–NM–259–AD]
You can examine the contents of this receives them.
RIN 2120–AA64 AD docket on the Internet at http://
dms.dot.gov, or in person at the Docket Discussion
Airworthiness Directives; Meggitt Management Facility, U.S. Department We have received a report indicating
Model 602 Smoke Detectors Approved of Transportation, 400 Seventh Street that an unsafe condition may exist on
Under Technical Standard Order (TSO) SW., room PL–401, on the plaza level of transport category airplanes equipped
TSO–C1C and Installed on Various the Nassif Building, Washington, DC. with certain smoke detectors. The
Transport Category Airplanes, This docket number is FAA–2005– affected smoke detectors are Meggitt
Including But Not Limited to 22031; the directorate identifier for this Model 602 smoke detectors approved
Aerospatiale Model ATR42 and ATR72 docket is 2004–NM–259–AD. under Technical Standard Order (TSO)
Airplanes; Boeing Model 727 and 737 FOR FURTHER INFORMATION CONTACT: Ken TSO–C1C and having certain part
Airplanes; McDonnell Douglas Model Sujishi, Aerospace Engineer, Cabin numbers (P/Ns) 8930–( ). Testing
DC–10–10, DC–10–10F, DC–10–15, DC– Safety, Mechanical, and Environmental indicated a design discrepancy
10–30 and DC–10–30F (KC–10A and Branch, ANM–150L, FAA, Los Angeles involving the operation of these smoke
KDC–10), DC–10–40, DC–10–40F, MD– Aircraft Certification Office, 3960 detectors. During a test on McDonnell
10–10F, MD–10–30F, MD–11, and MD– Paramount Boulevard, Lakewood, Douglas Model MD–11F airplanes, 31 of
11F Airplanes California 90712–4137; telephone (562) 33 smoke detectors ‘‘locked up’’ when
AGENCY: Federal Aviation 627–5353; fax (562) 627–5210. the power to the smoke detectors was
Administration (FAA), Department of SUPPLEMENTARY INFORMATION: interrupted during power transfer from
Transportation (DOT). the auxiliary power unit (APU) to the
Comments Invited engines. Investigation revealed that the
ACTION: Notice of proposed rulemaking
(NPRM). We invite you to submit any relevant smoke detector circuit does not meet
written data, views, or arguments power interrupt requirements during a
SUMMARY: The FAA proposes to adopt a regarding this proposed AD. Send your power transfer between ground power,
new airworthiness directive (AD) for comments to an address listed under APU power, and main engine power
certain smoke detectors installed on ADDRESSES. Include ‘‘Docket No. FAA– sources on the airplane. When the
various transport category airplanes. 2005–22031; Directorate Identifier smoke detector locks up, the flightcrew
This proposed AD would require 2004–NM–259–AD’’ in the subject line is unaware of the inoperative smoke
replacing the affected smoke detectors of your comments. We specifically detector unless they test the smoke

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45586 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

detection system. The smoke detector conditions, the flightcrew would not be other airplanes equipped with an
remains inoperative until power to the alerted in the event of a fire. affected smoke detector. Included in
unit is cycled off and on. Under these This lock-up condition may also be that group are airplanes listed in the
produced by electrical power transfer on following table:
AFFECTED AIRPLANES
Manufacturer Model

Aerospatiale .................................... ATR42 and ATR72 airplanes.


Boeing ............................................. 727 and 737 airplanes.
McDonnell Douglas ......................... DC–10–10 and DC–10–10F; DC–10–15; DC–10–30 and DC–10–30F (KC–10A and KDC–10); and DC–
10–40 and DC–10–40F airplanes.
..................................................... MD–10–10F and MD–10–30F airplanes.
..................................................... MD–11 and MD–11F airplanes.

Therefore, all of these airplanes may type design. Therefore, we are States, on the relationship between the
be subject to the identified unsafe proposing this AD, which would require national Government and the States, or
condition. accomplishing the actions specified in on the distribution of power and
the service information described responsibilities among the various
Related AD
previously. levels of government.
On January 12, 2005, we issued AD For the reasons discussed above, I
2005–02–04, amendment 39–13949 (70 Costs of Compliance
certify that the proposed regulation:
FR 3296, January 24, 2005), for all It would take about 1 work hour per
1. Is not a ‘‘significant regulatory
McDonnell Douglas Model MD–10–10F, airplane, at an average hourly labor rate
action’’ under Executive Order 12866;
MD–10–30F, MD–11F, DC–10–10F, and of $65, to replace a smoke detector
DC–10–30F airplanes. AD 2005–02–04 installed on the airplane. Replacement 2. Is not a ‘‘significant rule’’ under the
requires identifying the part number of parts would be provided at no cost to DOT Regulatory Policies and Procedures
the cargo compartment smoke detectors the operators. We have been advised (44 FR 11034, February 26, 1979); and
and, if necessary, revising the that about 4,637 smoke detectors have 3. Will not have a significant
Limitations section of the airplane flight already been replaced. We estimate that economic impact, positive or negative,
manual to include procedures for testing affected smoke detectors are installed on on a substantial number of small entities
the smoke detection system after the last 318 U.S.-registered airplanes. There may under the criteria of the Regulatory
engine is started. That AD also provides be as many as 28 affected smoke Flexibility Act.
for the optional replacement of the detectors on an airplane. This proposed We prepared a regulatory evaluation
subject smoke detectors with modified AD could cost as much as $1,820 per of the estimated costs to comply with
smoke detectors, which would airplane. this proposed AD. See the ADDRESSES
terminate the operational limitation. section for a location to examine the
Similar to this new proposed AD, AD Authority for This Rulemaking
regulatory evaluation.
2005–02–04 was prompted by a report Title 49 of the United States Code
indicating that these smoke detectors specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39
can ‘‘lock up’’ during electrical power rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation
transfer from the APU to the engines. section 106, describes the authority of safety, Safety.
We issued that AD to identify and the FAA Administrator. Subtitle VII,
provide corrective action for a Aviation Programs, describes in more The Proposed Amendment
potentially inoperative smoke detector detail the scope of the Agency’s Accordingly, under the authority
in the cargo compartment and to ensure authority. delegated to me by the Administrator,
that the flightcrew is alerted in the event We are issuing this rulemaking under the FAA proposes to amend 14 CFR part
of a cargo compartment fire. the authority described in subtitle VII,
39 as follows:
When this new AD becomes effective, part A, subpart III, section 44701,
we will rescind AD 2005–02–04. ‘‘General requirements.’’ Under that PART 39—AIRWORTHINESS
section, Congress charges the FAA with DIRECTIVES
Relevant Service Information promoting safe flight of civil aircraft in
We have reviewed Meggitt Safety air commerce by prescribing regulations 1. The authority citation for part 39
Systems Service Information Letter (SIL) for practices, methods, and procedures continues to read as follows:
8930–26–01, dated November 8, 2004. the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701.
The SIL provides procedures for, among safety in air commerce. This regulation
other things, replacing the affected is within the scope of that authority § 39.13 [Amended]
smoke detectors with modified smoke because it addresses an unsafe condition 2. The FAA amends § 39.13 by adding
detectors, which is intended to that is likely to exist or develop on the following new airworthiness
adequately address the unsafe products identified in this rulemaking directive (AD):
condition. action.
Transport Category Airplanes: Docket No.
FAA’s Determination and Requirements Regulatory Findings FAA–2005–22031; Directorate Identifier
of the Proposed AD We have determined that this 2004–NM–259–AD.
We have evaluated all pertinent proposed AD would not have federalism Comments Due Date
information and identified an unsafe implications under Executive Order (a) The Federal Aviation Administration
condition that is likely to exist or 13132. This proposed AD would not (FAA) must receive comments on this AD
develop on other airplanes of this same have a substantial direct effect on the action by September 22, 2005.

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45587

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

TABLE 1.—CERTAIN AFFECTED AIRPLANES


Manufacturer Model

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


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

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

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