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Federal Register / Vol. 70, No.

2 / Tuesday, January 4, 2005 / Proposed Rules 317

decision to withdraw the proposed Rond Point Maurice Bellonte, 31707 section. Comments will be available in
Subpart I. Blagnac Cedex, France. the AD docket shortly after the DMS
Dated at Rockville, Maryland, this 28th day You can examine the contents of this receives them.
of December, 2004. AD docket on the Internet at http://
For the Nuclear Regulatory Commission. dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department The Direction Générale de l’Aviation
Annette L. Vietti-Cook, Civile (DGAC), which is the
of Transportation, 400 Seventh Street
Secretary of the Commission. airworthiness authority for France,
SW., Room PL–401, on the plaza level
[FR Doc. 05–25 Filed 1–3–05; 8:45 am] notified us that an unsafe condition may
of the Nassif Building, Washington, DC.
This docket number is FAA–2004– exist on all Airbus Model A330–223,
19982; the directorate identifier for this –321, –322, and –323 airplanes. The
docket is 2004–NM–142–AD. DGAC advises that cracks have been
DEPARTMENT OF TRANSPORTATION found in the firewall of the lower aft
pylon fairing (LAPF) on several
Federal Aviation Administration Backman, Aerospace Engineer,
airplanes. This firewall is intended to
International Branch, ANM–116, FAA,
contain an engine fire inside the engine
14 CFR Part 39 Transport Airplane Directorate, 1601
core compartment. Cracking of the
Lind Avenue, SW., Renton, Washington
[Docket No. FAA–2004–19982; Directorate firewall, if not corrected, could reduce
98055–4056; telephone (425) 227–2797;
Identifier 2004–NM–142–AD] the effectiveness of the firewall and
fax (425) 227–1149.
result in an uncontrolled engine fire.
Relevant Service Information
Airworthiness Directives; Airbus Model Comments Invited
Airbus has issued Service Bulletin
A330–223, –321, –322, and –323 We invite you to submit any relevant A330–54–3021, dated February 4, 2004.
Airplanes written data, views, or arguments The service bulletin describes
AGENCY: Federal Aviation regarding this proposed AD. Send your procedures for performing repetitive
Administration (FAA), DOT. comments to an address listed under detailed visual inspections for cracking
ADDRESSES. Include ‘‘Docket No. FAA– of the LAPF firewall on the left and
ACTION: Notice of proposed rulemaking
2004–19982; Directorate Identifier right sides of the airplane. If any
2004–NM–142–AD’’ at the beginning of cracking is found, the service bulletin
SUMMARY: The FAA proposes to adopt a your comments. We specifically invite describes procedures for corrective
new airworthiness directive (AD) for all comments on the overall regulatory, actions. The corrective actions include,
Airbus Model A330–223, –321, –322, economic, environmental, and energy depending on the size of the crack, stop-
and –323 airplanes. This proposed AD aspects of the proposed AD. We will drilling the crack and applying sealant,
would require repetitive inspections of consider all comments submitted by the repairing the firewall, or replacing the
the firewall of the lower aft pylon closing date and may amend the firewall with a new firewall. The DGAC
fairing (LAPF), and corrective actions if proposed AD in light of those mandated the service information and
necessary. This proposed AD is comments. issued French airworthiness directive
prompted by reports of cracking of the We will post all comments we F–2004–028 R1, dated September 15,
LAPF firewall. We are proposing this receive, without change, to http:// 2004, to ensure the continued
AD to detect and correct this cracking, dms.dot.gov, including any personal airworthiness of these airplanes in
which could reduce the effectiveness of information you provide. We will also France. The service bulletin also
the firewall and result in an post a report summarizing each specifies to report inspection findings to
uncontrolled engine fire. substantive verbal contact with FAA the airplane manufacturer.
DATES: We must receive comments on personnel concerning this proposed AD. The Airbus service bulletin refers to
this proposed AD by February 3, 2005. Using the search function of our docket Pratt & Whitney Alert Service Bulletin
ADDRESSES: Use one of the following
Web site, anyone can find and read the PW4G–100–A54–5, dated February 13,
addresses to submit comments on this comments in any of our dockets, 2003, as an additional source of service
proposed AD. including the name of the individual information for doing the inspection
• DOT Docket Web site: Go to who sent the comment (or signed the and corrective actions.
http://dms.dot.gov and follow the comment on behalf of an association,
business, labor union, etc.). You can FAA’s Determination and Requirements
instructions for sending your comments of the Proposed AD
electronically. review the DOT’s complete Privacy Act
• Government-wide rulemaking Web Statement in the Federal Register These airplane models are
site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR manufactured in France and are type
and follow the instructions for sending 19477–78), or you can visit http:// certificated for operation in the United
your comments electronically. dms.dot.gov. States under the provisions of section
• Mail: Docket Management Facility, 21.29 of the Federal Aviation
Examining the Docket Regulations (14 CFR 21.29) and the
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building, You can examine the AD docket on applicable bilateral airworthiness
Room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in agreement. According to this bilateral
• By fax: (202) 493–2251. person at the Docket Management airworthiness agreement, the DGAC has
• Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 kept the FAA informed of the situation
the plaza level of the Nassif Building, p.m., Monday through Friday, except described above. We have examined the
400 Seventh Street SW., Washington, Federal holidays. The Docket DGAC’s findings, evaluated all pertinent
DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone information, and determined that we
through Friday, except Federal holidays. (800) 647–5227) is located on the plaza need to issue an AD for products of this
For service information identified in level of the Nassif Building at the DOT type design that are certificated for
this proposed AD, contact Airbus, 1 street address stated in the ADDRESSES operation in the United States.

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318 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules

Therefore, we are proposing this AD, labor rate of $65 per work hour. Based PART 39—AIRWORTHINESS
which would require accomplishing the on these figures, the estimated cost of DIRECTIVES
actions specified in the service the proposed AD for U.S. operators is
information described previously, $2,600, or $130 per airplane, per 1. The authority citation for part 39
except as discussed under ‘‘Differences inspection cycle. continues to read as follows:
Among Proposed AD, DGAC Action, Authority: 49 U.S.C. 106(g), 40113, 44701.
Authority for This Rulemaking
and Airbus Service Bulletin.’’
The FAA’s authority to issue rules § 39.13 [Amended]
Clarification of Inspection Terminology
regarding aviation safety is found in title
The Airbus service bulletin refers to a 49 of the United States Code. Subtitle I, 2. The FAA amends § 39.13 by adding
‘‘detailed visual inspection’’ for section 106 describes the authority of the following new airworthiness
cracking of the LAPF firewall on the left the FAA Administrator. Subtitle VII, directive (AD):
and right sides of the airplane. This Aviation Programs, describes in more Airbus: Docket No. FAA–2004–19982;
proposed AD refers to this inspection as detail the scope of the agency’s Directorate Identifier 2004–NM–142–AD.
a ‘‘detailed inspection.’’ Note 1 of this authority. Comments Due Date
proposed AD defines this type of This rulemaking is promulgated
inspection. (a) The Federal Aviation Administration
under the authority described in subtitle
must receive comments on this AD action by
Differences Among Proposed AD, VII, part A, subpart III, section 44701, February 3, 2005.
DGAC Action, and Airbus Service ‘‘General requirements.’’ Under that
section, the FAA is charged with Affected ADs
promoting safe flight of civil aircraft in (b) None.
The French airworthiness directive air commerce by prescribing regulations
and Airbus service bulletin allow for practices, methods, and procedures Applicability
continued flight with known cracks. We the Administrator finds necessary for (c) This AD applies to all Airbus Model
accept the provision allowing continued safety in air commerce. This regulation A330–223, –321, –322, and –323 airplanes;
flight with an unrepaired crack that is is within the scope of that authority certificated in any category.
less than or equal to 1.2 inches long. because it addresses an unsafe condition Unsafe Condition
This provision is acceptable to us that is likely to exist or develop on
because Airbus has provided data (d) This AD was prompted by reports of
products identified in this AD. cracking of the firewall of the lower aft pylon
showing that the LAPF firewall has no
structural function for pylon integrity Regulatory Findings fairing (LAPF). We are issuing this AD to
detect and correct this cracking, which could
and retains fireproof capability with a We have determined that this reduce the effectiveness of the firewall and
crack that is less than or equal to 1.2 proposed AD would not have federalism result in an uncontrolled engine fire.
inches long. However, we do not accept implications under Executive Order
the provision allowing continued flight Compliance
13132. This proposed AD would not
with an unrepaired firewall that has a have a substantial direct effect on the (e) You are responsible for having the
crack greater than 1.2 inches long. States, on the relationship between the actions required by this AD performed within
Airbus has not provided data showing National Government and the States, or the compliance times specified, unless the
that the fireproof capability is retained on the distribution of power and actions have already been done.
with a crack greater than 1.2 inches responsibilities among the various Repetitive Inspections
long. Thus, this proposed AD would levels of government.
require that, if any crack in the LAPF (f) Prior to the accumulation of 3,000 total
For the reasons discussed above, I flight hours on the LAPF, or within 500 flight
firewall is found that is greater than 1.2 certify that the proposed regulation: hours after the effective date of this AD,
inches long, the LAPF firewall must be
1. Is not a ‘‘significant regulatory whichever is later: Perform a detailed
repaired or replaced with a new
action’’ under Executive Order 12866; inspection for cracking of the LAPF firewall,
firewall, as applicable, before further in accordance with the Accomplishment
2. Is not a ‘‘significant rule’’ under the
flight after the crack is found. This Instructions of Airbus Service Bulletin A330–
DOT Regulatory Policies and Procedures
difference has been coordinated with 54–3021, including Appendix 01, dated
(44 FR 11034, February 26, 1979); and
the DGAC, and it expressed no concern February 4, 2004. If no cracking is found,
with our action. 3. Will not have a significant
repeat the inspection thereafter at intervals
The French airworthiness directive economic impact, positive or negative,
not to exceed 1,000 flight hours.
specifies to report inspection results to on a substantial number of small entities
under the criteria of the Regulatory Note 1: For the purposes of this AD, a
the airplane manufacturer. However, detailed inspection is: ‘‘An intensive visual
this proposed AD would require Flexibility Act.
examination of a specific structural area,
reporting inspection results to the We prepared a regulatory evaluation system, installation, or assembly to detect
airplane manufacturer only when of the estimated costs to comply with damage, failure, or irregularity. Available
cracking is found. this proposed AD. See the ADDRESSES lighting is normally supplemented with a
section for a location to examine the direct source of good lighting at intensity
Interim Action regulatory evaluation. deemed appropriate by the inspector.
We consider this proposed AD List of Subjects in 14 CFR Part 39 Inspection aids such as mirror, magnifying
interim action. If final action is later lenses, etc., may be used. Surface cleaning
identified, we may consider further Air transportation, Aircraft, Aviation and elaborate access procedures may be
rulemaking then. safety, Safety. required.’’

Costs of Compliance The Proposed Amendment Note 2: Airbus Service Bulletin A330–54–
3021, dated February 4, 2004, refers to Pratt
This proposed AD would affect about Accordingly, under the authority & Whitney Alert Service Bulletin PW4G–100-
20 airplanes of U.S. registry. The delegated to me by the Administrator, A54–5, dated February 13, 2003, as an
proposed actions would take about 2 the FAA proposes to amend 14 CFR part additional source of service information for
work hours per airplane, at an average 39 as follows: doing the inspection and corrective actions.

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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules 319

Corrective Actions and Repetitive (1) If the inspection was done after the Proposed Rulemaking in Docket No.
Inspections (Cracking Found) effective date of this AD: Submit the report RM96–1–015, issued on June 30, 2000,
(g) If any crack is found during any within 30 days after the inspection. which examined whether the
inspection required by paragraph (f) of this (2) If the inspection was done before the Commission should require pipelines to
AD, do paragraph (g)(1) or (g)(2) of this AD. effective date of this AD: Submit the report
within 30 days after the effective date of this
permit shippers to designate and rank
(1) If the crack is less than or equal to 1.2 the contracts under which gas flows on
inches long: Before further flight, stop-drill AD.
the crack and apply sealants, in accordance
their systems.
Alternative Methods of Compliance
with the Accomplishment Instructions of DATES: Comments in Docket No. RM96–
Airbus Service Bulletin A330–54–3021, 1–026 are due February 18, 2005.
including Appendix 01, dated February 4, (j) The Manager, International Branch,
ADDRESSES: Comments may be filed
2004, or do paragraph (h) of this AD. If the ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs electronically via the eFiling link on the
crack is stop-drilled and sealants applied, Commission’s Web site at http://
then repeat the inspection required by for this AD, if requested in accordance with
paragraph (f) of this AD at intervals not to the procedures found in 14 CFR 39.19. www.ferc.gov. Commenters unable to
exceed 500 flight hours, and do paragraph file comments electronically must send
Related Information
(g)(1)(i) or (g)(1)(ii) of this AD, as applicable. an original and 14 copies of their
(i) During the repeat inspections required (k) French airworthiness directive F–2004– comments to: Federal Energy Regulatory
by paragraph (g)(1) of this AD, if the existing 028 R1, dated September 15, 2004, also Commission, Office of the Secretary,
crack does not extend to be longer than 1.2 addresses the subject of this AD.
888 First Street, NE., Washington, DC
inches, and no additional crack is found: Issued in Renton, Washington, on 20426. Refer to Comment Procedures
Within 4,600 flight cycles after the crack is December 27, 2004. Section of the preamble for additional
initially found, do paragraph (h) of this AD. Kevin M. Mullin,
(ii) During any repeat inspection required
information on how to file comments.
by paragraph (g)(1) of this AD, if any crack Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT:
Directorate, Aircraft Certification Service.
that was previously less than or equal to 1.2 Jamie Chabinsky, Office of the General
inches long is found to have extended to be [FR Doc. 05–50 Filed 1–3–05; 8:45 am] Counsel, Federal Energy Regulatory
greater than 1.2 inches long; or if an BILLING CODE 4910–13–P Commission, 888 First Street, NE.,
additional crack is found: Before further Washington, DC 20426. 202–502–
flight, do paragraph (h) of this AD.
(2) If any crack is found that is greater than
DEPARTMENT OF ENERGY Marvin Rosenberg, Office of Markets,
1.2 inches long: Before further flight, do
paragraph (h) of this AD. Tariffs, and Rates, Federal Energy
Federal Energy Regulatory Regulatory Commission, 888 First
Note 3: This AD does not allow continued
Commission Street, NE., Washington, DC 20426.
flight with a known crack that is greater than
1.2 inches long. 202–502–8292.
18 CFR Part 284 Kay Morice, Office of Markets, Tariffs,
Repair or Replacement of Firewall and Rates, Federal Energy Regulatory
[Docket Nos. RM96–1–026 and RM96–1–
(h) If any crack is found: At the applicable 015] Commission, 888 First Street, NE.,
time specified in paragraph (g) of this AD, Washington, DC 20426. 202–502–
repair the LAPF firewall or replace the LAPF Standards for Business Practices of 6507.
firewall with a new firewall, as applicable, in Interstate Natural Gas Pipelines SUPPLEMENTARY INFORMATION:
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330– 1. The Federal Energy Regulatory
December 21, 2004.
54–3021, including Appendix 01, dated Commission (Commission) proposes in
AGENCY: Federal Energy Regulatory Docket No. RM96–1–026 to amend
February 4, 2004. Then, within 3,000 flight
hours after replacement of the LAPF firewall,
Commission. § 284.12 of its open access regulations
inspect the firewall in accordance with ACTION: Notice of proposed rulemaking governing standards for conducting
paragraph (f) of this AD. and termination order. business practices and electronic
Note 4: There is no terminating action at communications with interstate natural
this time for the inspections required by this SUMMARY: The Federal Energy
gas pipelines. The Commission is
AD. Regulatory Commission is proposing to proposing to adopt the most recent
amend in Docket No. RM96–1–026 its version, Version 1.7, of the consensus
Reporting Requirement regulations governing standards for standards promulgated by the
(i) If any crack is found during any conducting business practices with Wholesale Gas Quadrant (WGQ) of the
inspection required by this AD: Submit a interstate natural gas pipelines. The
report of the findings to Airbus, Department North American Energy Standards
Commission is proposing to incorporate Board (NAESB). The Commission is also
AI/SE–E5, 1 Rond Point Maurice Bellonte, by reference the most recent version of
31707 Blagnac Cedex, France. Submit the proposing to adopt the standards
the standards, Version 1.7, promulgated ratified by NAESB on June 25, 2004, to
report at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD. The
December 31, 2003, by the Wholesale implement Order No. 2004 1 and the
report must include the inspection results, a Gas Quadrant (WGQ) of the North
standards to implement gas quality
description of any discrepancies found, the American Energy Standards Board
reporting requirements ratified by
airplane serial number, and the number of (NAESB); the standards ratified by
NAESB on October 20, 2004, in
landings and flight hours on the airplane. NAESB on June 25, 2004, to implement
Recommendation R03035A, which
Submitting Appendix 01 of Airbus Service Order No. 2004, and the standards
Bulletin A330–54–3021, dated February 4, NAESB intends to include in its next
implementing gas quality reporting
2004, is an acceptable means of requirements ratified by NAESB on 1 Order No. 2004, 68 FR 69134 (Dec. 11, 2003),
accomplishing this requirement. Under the October 20, 2004. These standards can
provisions of the Paperwork Reduction Act of III FERC Stats. & Regs. Regulations Preambles ¶
1980 (44 U.S.C. 3501 et seq.), the Office of
be obtained from NAESB at 1301 31,155 (Nov. 25, 2003); Order No. 2004–A, 69 FR
Fannin, Suite 2350, Houston, TX 77002, 23562 (Apr. 29, 2004), III FERC Stats. & Regs.
Management and Budget (OMB) has Regulations Preambles ¶ 31,161 (Apr. 16, 2004);
approved the information collection 713–356–0060, http://www.naesb.org. Order No. 2004–B, 69 FR 48371 (Aug. 10, 2004) III
requirements contained in this AD and has The Commission is also terminating a FERC Stats. & Regs. Regulations and Preambles ¶
assigned OMB Control Number 2120–0056. rulemaking, instituted by a Notice of 31,166 (Aug. 2, 2004).

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