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61078 Federal Register / Vol. 70, No.

202 / Thursday, October 20, 2005 / Proposed Rules

sector of the economy, productivity, For purposes of determining whether DEPARTMENT OF TRANSPORTATION
competition, jobs, the environment, this rulemaking would constitute an
public health or safety, or state, local, or ‘‘economically significant regulatory Federal Aviation Administration
tribal governments or communities. action,’’ as defined by E.O. 12866, and
* * * ’’ 22 Regulatory actions that to assist any economic analysis that E.O. 14 CFR Part 39
satisfy one or more of these criteria are 12866 may require, OCC and OTS
called ‘‘economically significant encourage commenters to provide [Docket No. FAA–2005–22739; Directorate
Identifier 2005–NM–098–AD]
regulatory actions.’’ information about:
If OCC or OTS determines that the • The direct and indirect costs of RIN 2120–AA64
rules implementing the domestic capital compliance with the revisions described
modifications comprise an in this ANPR; Airworthiness Directives; Airbus Model
‘‘economically significant regulatory A300 B4–600, B4–600R, and F4–600R
action,’’ then the agency making that • The effects of these revisions on Series Airplanes, and Model C4–605R
determination would be required to regulatory capital requirements; Variant F Airplanes (Collectively Called
prepare and submit to the Office of • The effects of these revisions on A300–600 Series Airplanes); and Model
Management and Budget’s (OMB) Office competition among banks; and A310–200 and A310–300 Series
of Information and Regulatory Affairs • The economic benefits of the Airplanes
(OIRA) an economic analysis. The revisions, such as the economic benefits
economic analysis must include: AGENCY: Federal Aviation
of a potentially more efficient allocation Administration (FAA), Department of
• A description of the need for the of capital that might result from
rules and an explanation of how they Transportation (DOT).
revisions to the current risk-based
will meet the need; ACTION: Notice of proposed rulemaking
capital requirements.
• An assessment of the benefits (NPRM).
anticipated from the rules (for example, OCC and OTS also encourage
the promotion of the efficient comment on any alternatives to the SUMMARY: The FAA proposes to adopt a
functioning of the economy and private revisions described in this ANPR that new airworthiness directive (AD) for
markets) together with, to the extent the Agencies should consider. certain A300–600, A310–200, and
feasible, a quantification of those Specifically, commenters are A310–300 series airplanes. This
benefits; encouraged to provide information proposed AD would require modifying
• An assessment of the costs addressing the direct and indirect costs the forward outflow valve of the
anticipated from the rules (for example, of compliance with the alternative, the pressure regulation subsystem. This
the direct cost both to the government effects of the alternative on regulatory proposed AD results from a report of
in administering the regulation and to capital requirements, the effects of the accidents resulting in injuries occurring
businesses and others in complying alternative on competition, and the on in-service airplanes when
with the regulation, and any adverse economic benefits from the alternative. crewmembers forcibly initiated opening
effects on the efficient functioning of the Quantitative information would be of passenger/crew doors against residual
economy, private markets (including the most useful to the Agencies. pressure, causing the doors to rapidly
productivity, employment, and However, commenters may also provide open. In these accidents, the buildup of
competitiveness)), together with, to the estimates of costs, benefits, or other residual pressure in the cabin was
extent feasible, a quantification of those effects, or any other information they caused by the blockage of the outflow
costs; and believe would be useful to the Agencies valve by an insulation blanket. We are
• An assessment of the costs and in making the determination. In proposing this AD to prevent an
benefits of potentially effective and addition, commenters are asked to insulation blanket or other debris from
reasonably feasible alternatives to the identify or estimate start-up, or non- being ingested into and jamming the
planned regulation (including recurring, costs separately from costs or forward outflow valve of the pressure
improving the current regulation and effects they believe would be ongoing. regulation subsystem, which could lead
reasonably viable nonregulatory to the inability to control cabin
Dated: October 6, 2005. pressurization and adversely affect
actions), and an explanation why the John C. Dugan,
planned regulatory action is preferable continued safe flight of the airplane.
to the identified potential alternatives.23 Comptroller of the Currency. DATES: We must receive comments on
By order of the Board of Governors of the this proposed AD by November 21,
22 Executive Order 12866 (September 30, 1993), Federal Reserve System, October 12, 2005. 2005.
58 FR 51735 (October 4, 1993), as amended by Jennifer J. Johnson, ADDRESSES: Use one of the following
Executive Order 13258, 67 FR 9385. For the Secretary of the Board.
complete text of the definition of ‘‘significant addresses to submit comments on this
regulatory action,’’ see E.O. 12866 at § 3(f). A Dated at Washington, DC, this 6th day of proposed AD.
‘‘regulatory action’’ is ‘‘any substantive action by an October, 2005. • DOT Docket Web site: Go to
agency (normally published in the Federal Register) http://dms.dot.gov and follow the
that promulgates or is expected to lead to the
By order of the Board of Directors, Federal
promulgation of a final rule or regulation, including Deposit Insurance Corporation. instructions for sending your comments
notices of inquiry, advance notices of proposed Robert E. Feldman, electronically.
rulemaking, and notices of proposed rulemaking.’’
Executive Secretary.
• Government-wide rulemaking Web
E.O. 12866 at § 3(e). site: Go to http://www.regulations.gov
23 The components of the economic analysis are Dated: October 6, 2005.
set forth in E.O. 12866 § 6(a)(3)(C)(i)–(iii). For a
and follow the instructions for sending
By the Office of Thrift Supervision. your comments electronically.
description of the methodology that OMB
recommends for preparing an economic analysis, John M. Reich, • Mail: Docket Management Facility,
see Office of Management and Budget Circular A– Director. U.S. Department of Transportation, 400
4, ‘‘Regulatory Analysis’’ (September 17, 2003).
This publication is available on OMB’s Web site at [FR Doc. 05–20858 Filed 10–19–05; 8:45 am] Seventh Street SW., Nassif Building,
http://www.whitehouse.gov/omb/circulars/a004/a- BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P,
room PL–401, Washington, DC 20590.
4.pdf. 6720–01–P • Fax: (202) 493–2251.

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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Proposed Rules 61079

• Hand Delivery: Room PL–401 on Discussion series airplanes), and Service Bulletin
the plaza level of the Nassif Building, The Direction Générale de l’Aviation A310–53–2121 (for Model A310–200
400 Seventh Street SW., Washington, Civile (DGAC), which is the and A310–300 series airplanes), both
DC, between 9 a.m. and 5 p.m., Monday airworthiness authority for France, dated February 25, 2005. The service
through Friday, except Federal holidays. notified us that an unsafe condition may bulletins describe procedures for
Contact Airbus, 1 Rond Point Maurice modifying the forward outflow valve of
exist on certain A300–600, A310–200,
Bellonte, 31707 Blagnac Cedex, France, the pressure regulation subsystem. The
and A310–300 series airplanes. The
for service information identified in this modification includes installing
DGAC advises that accidents resulting
proposed AD. brackets and installing a fence
in injuries have occurred on in-service
FOR FURTHER INFORMATION CONTACT: Tim (protective grating) in the area of frame
airplanes when crewmembers forcibly
Backman, Aerospace Engineer, 38.2. The DGAC mandated the service
initiated opening of passenger/crew
International Branch, ANM–116, FAA, information and issued French
doors against residual pressure (a
Transport Airplane Directorate, 1601 airworthiness directive F–2005–061 R1,
positive pressure difference between
Lind Avenue, SW., Renton, Washington dated May 25, 2005, to ensure the
inside the cabin and outside the cabin),
98055–4056; telephone (425) 227–2797; continued airworthiness of these
causing the doors to rapidly open. In
fax (425) 227–1149. airplanes in France.
these accidents, the buildup of residual
SUPPLEMENTARY INFORMATION: pressure in the cabin was caused by the FAA’s Determination and Requirements
blockage of the outflow valve by an of the Proposed AD
Comments Invited
insulation blanket, which prevented the These airplane models are
We invite you to submit any relevant valve from opening and closing during manufactured in France and are type
written data, views, or arguments flight and on the ground to maintain certificated for operation in the United
regarding this proposed AD. Send your control of cabin pressurization. States under the provisions of section
comments to an address listed in the In addition, there have been several 21.29 of the Federal Aviation
ADDRESSES section. Include the docket reports of operator difficulty Regulations (14 CFR 21.29) and the
number ‘‘FAA–2005–22739; Directorate maintaining cabin pressure during applicable bilateral airworthiness
Identifier 2005–NM–098–AD’’ at the cruise. Investigation revealed that pieces agreement. Pursuant to this bilateral
beginning of your comments. We of a cargo insulation blanket had been airworthiness agreement, the DGAC has
specifically invite comments on the ingested into the forward outflow valve kept the FAA informed of the situation
overall regulatory, economic, of the pressure regulation subsystem described above. We have examined the
environmental, and energy aspects of located at frame 39 of the fuselage. DGAC’s findings, evaluated all pertinent
the proposed AD. We will consider all These conditions, if not corrected, information, and determined that we
comments received by the closing date could lead to the inability to control need to issue an AD for airplanes of this
and may amend the proposed AD in cabin pressurization and adversely type design that are certificated for
light of those comments. affect continued safe flight of the operation in the United States.
We will post all comments we airplane. Therefore, we are proposing this AD,
receive, without change, to http:// which would require accomplishing the
dms.dot.gov, including any personal Other Relevant Rulemaking
actions specified in the service
information you provide. We will also On June 29, 2004, we issued AD information described previously.
post a report summarizing each 2004–14–08, amendment 39–13717 (69
substantive verbal contact with FAA FR 41925, July 13, 2004), for certain Difference Between French
personnel concerning this proposed AD. Airbus Model A300–600 and A310 Airworthiness Directive and This
Using the search function of that Web series airplanes. That AD requires Proposed AD
site, anyone can find and read the modification of the attachment system The applicability of French
comments in any of our dockets, of the insulation blankets of the forward airworthiness directive F–2005–061 R1,
including the name of the individual cargo compartment and related dated May 25, 2005, excludes airplanes
who sent the comment (or signed the corrective action. That AD was on which either Airbus Service Bulletin
comment on behalf of an association, prompted by several reports of operator A300–53–6149 or Airbus Service
business, labor union, etc.). You may difficulty maintaining cabin pressure Bulletin A310–53–2121 has been
review the DOT’s complete Privacy Act during cruise. Investigation revealed accomplished. However, we have not
Statement in the Federal Register that pieces of a cargo insulation blanket excluded those airplanes in the
published on April 11, 2000 (65 FR had been ingested into the forward applicability of this proposed AD;
19477–78), or you may visit http:// outflow valve of the pressure regulation rather, this proposed AD includes a
dms.dot.gov. subsystem located at frame 39 of the requirement to accomplish the actions
fuselage. We issued that AD to prevent specified in the service bulletins. This
Examining the Docket
failure of the attachment system of the requirement would ensure that the
You may examine the AD docket on cargo insulation blankets, which could actions specified in the service bulletins
the Internet at http://dms.dot.gov, or in result in detachment and consequent and required by this proposed AD are
person at the Docket Management tearing of the blankets. Such tearing accomplished on all affected airplanes.
Facility office between 9 a.m. and 5 could result in blanket pieces being Operators must continue to operate the
p.m., Monday through Friday, except ingested into and jamming the forward airplane in the configuration required
Federal holidays. The Docket outflow valve of the pressure regulation by this proposed AD unless an
Management Facility office (telephone subsystem, which could lead to cabin alternative method of compliance is
(800) 647–5227) is located on the plaza depressurization and adversely affect approved.
level of the Nassif Building at the DOT continued safe flight of the airplane.
street address stated in the ADDRESSES Costs of Compliance
section. Comments will be available in Relevant Service Information This proposed AD would affect about
the AD docket shortly after the Docket Airbus has issued Service Bulletin 169 airplanes of U.S. registry. The
Management System receives them. A300–63–6149 (for Model A300–600 proposed modification would take

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61080 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Proposed Rules

between 3 and 4 work hours per products identified in this rulemaking The Proposed Amendment
airplane, depending on airplane action.
configuration, at an average labor rate of Accordingly, under the authority
Regulatory Findings delegated to me by the Administrator,
$65 per work hour. Required parts cost
ranges between $120 and $420 per kit, We have determined that this the FAA proposes to amend 14 CFR part
(2 kits per airplane). Based on these proposed AD would not have federalism 39 as follows:
figures, the estimated cost of the implications under Executive Order
modification proposed by this AD for 13132. This proposed AD would not PART 39—AIRWORTHINESS
U.S. operators ranges between $73,515 have a substantial direct effect on the DIRECTIVES
and $185,900 or between $435 and States, on the relationship between the
national Government and the States, or 1. The authority citation for part 39
$1,100 per airplane.
on the distribution of power and continues to read as follows:
Authority for This Rulemaking responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701.
levels of government.
Title 49 of the United States Code For the reasons discussed above, I § 39.13 [Amended]
specifies the FAA’s authority to issue certify that the proposed regulation:
rules on aviation safety. Subtitle I, 1. Is not a ‘‘significant regulatory 2. The Federal Aviation
section 106, describes the authority of action’’ under Executive Order 12866; Administration (FAA) amends § 39.13
the FAA Administrator. Subtitle VII, 2. Is not a ‘‘significant rule’’ under the by adding the following new
Aviation Programs, describes in more DOT Regulatory Policies and Procedures airworthiness directive (AD):
detail the scope of the Agency’s (44 FR 11034, February 26, 1979); and Airbus: Docket No. FAA–2005–22739;
authority. 3. Will not have a significant Directorate Identifier 2005–NM–098–AD.
economic impact, positive or negative,
We are issuing this rulemaking under
on a substantial number of small entities Comments Due Date
the authority described in subtitle VII,
under the criteria of the Regulatory (a) The FAA must receive comments on
part A, subpart III, section 44701, Flexibility Act.
‘‘General requirements.’’ Under that this AD action by November 21, 2005.
We prepared a regulatory evaluation
section, Congress charges the FAA with of the estimated costs to comply with Affected ADs
promoting safe flight of civil aircraft in this proposed AD and placed it in the (b) None.
air commerce by prescribing regulations AD docket. See the ADDRESSES section
for practices, methods, and procedures Applicability
for a location to examine the regulatory
the Administrator finds necessary for evaluation. (c) This AD applies to the Airbus airplanes
safety in air commerce. This regulation identified in Table 1 of this AD, certificated
is within the scope of that authority List of Subjects in 14 CFR Part 39 in any category; except airplanes on which
because it addresses an unsafe condition Air transportation, Aircraft, Aviation Airbus Modification 12921 has been done in
that is likely to exist or develop on safety, Safety. production.

TABLE 1.—AIRBUS AIRPLANES AFFECTED BY THIS AD


As identified in
Airbus model Airbus service bul- Dated—
letin—

A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–622R, and A300 C4– A300–53–6149 February 25, 2005.
605R Variant F airplanes
A310–203, –204, –221, –222, –304, –322, –324, and –325 airplanes A310–53–2121 February 25, 2005.

Unsafe Condition Modification FAA Flight Standards Certificate Holding


(d) This AD results from a report of (f) Within 22 months after the effective District Office.
accidents resulting in injuries occurring on date of this AD: Modify the forward outflow Related Information
in-service airplanes when crewmembers value of the pressure regulation subsystem by
(h) French airworthiness directive F–2005–
forcibly initiated opening of passenger/crew doing all the actions in accordance with the
doors against residual pressure, causing the 061 R1, dated May 25, 2005, also addresses
Accomplishment Instructions of Airbus
doors to rapidly open. In these accidents, the Service Bulletin A300–63–6149 (for Model the subject of this AD.
buildup of residual pressure in the cabin was A300–600 series airplanes) or A310–53–2121 Issued in Renton, Washington, on October
caused by the blockage of the outflow valve (for Model A310–200 and A310–300 series 13, 2005.
by an insulation blanket. We are issuing this airplanes), both dated February 25, 2005; as Kalene C. Yanamura,
AD to prevent an insulation blanket or other applicable.
Acting Manager, Transport Airplane
debris from being ingested into and jamming
Alternative Methods of Compliance Directorate, Aircraft Certification Service.
the forward outflow valve of the pressure
(AMOCs) [FR Doc. 05–20965 Filed 10–19–05; 8:45 am]
regulation subsystem, which could lead to
the inability to control cabin pressurization (g)(1) The Manager, International Branch, BILLING CODE 4910–13–P
and adversely affect continued safe flight of ANM–116, Transport Airplane Directorate,
the airplane. FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
Compliance the procedures found in 14 CFR 39.19.
(e) You are responsible for having the (2) Before using any AMOC approved in
actions required by this AD performed within accordance with 14 CFR 39.19 on any
the compliance times specified, unless the airplane to which the AMOC applies, notify
actions have already been done. the appropriate principal inspector in the

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