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Federal Register / Vol. 71, No.

116 / Friday, June 16, 2006 / Rules and Regulations 34817

(2) Revise the Limitations section of the Issued in Renton, Washington, on June 7, SUPPLEMENTARY INFORMATION:
AFM to incorporate the changes specified in 2006.
Airbus Temporary Revision (TR) 4.03.00/28, Kevin M. Mullin, Examining the Docket
dated May 4, 2006. This may be Acting Manager, Transport Airplane You may examine the airworthiness
accomplished by inserting a copy of the TR Directorate, Aircraft Certification Service. directive (AD) docket on the Internet at
into the AFM. When general revisions of the
[FR Doc. 06–5425 Filed 6–15–06; 8:45 am] http://dms.dot.gov or in person at the
AFM have been issued that incorporate the
revisions specified in the TR, the copy of the BILLING CODE 4910–13–P Docket Management Facility office
TR may be removed from the AFM, provided between 9 a.m. and 5 p.m., Monday
the relevant information in the general through Friday, except Federal holidays.
revision is identical to that in TR 4.03.00/28. DEPARTMENT OF TRANSPORTATION The Docket Management Facility office
(telephone (800) 647–5227) is located on
Optional Terminating Action Federal Aviation Administration the plaza level of the Nassif Building at
(h) Replacement of all subject fuel boost the street address stated in the
pumps on any airplane with boost pumps 14 CFR Part 39 ADDRESSES section.
having a P/N other than P/N 568–1–27202–
005; or with boost pumps, P/N 568–1–27202– [Docket No. FAA–2006–24431; Directorate Discussion
005, having a S/N other than 6137 and Identifier 2006–NM–011–AD; Amendment
subsequent; constitutes terminating action for 39–14648; AD 2006–12–22] The FAA issued a notice of proposed
this AD, and the limitations required by rulemaking (NPRM) to amend 14 CFR
RIN 2120–AA64
paragraph (g) of this AD may be removed part 39 to include an AD that would
from the AFM and the maintenance program Airworthiness Directives; Airbus Model apply to certain Airbus Model A319,
for that airplane. A319, A320, and A321 Airplanes A320, and A321 airplanes. That NPRM
was published in the Federal Register
Parts Installation AGENCY: Federal Aviation on April 13, 2006 (71 FR 19136). That
(i) As of the effective date of this AD, no Administration (FAA), Department of NPRM proposed to require a detailed
person may install a boost pump, P/N 568– Transportation (DOT). inspection for cracks and marks on the
1–27202–005, having S/N 6137 and ACTION: Final rule.
subsequent, on any airplane.
carbon blades of the ram air turbine
(RAT), and replacement of the RAT with
Alternative Methods of Compliance SUMMARY: The FAA is adopting a new
a new or serviceable RAT if necessary.
(AMOCs) airworthiness directive (AD) for certain
Airbus Model A319, A320, and A321 Comments
(j)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate, airplanes. This AD requires a detailed We provided the public the
FAA, has the authority to approve AMOCs inspection for cracks and marks on the opportunity to participate in the
for this AD, if requested in accordance with carbon blades of the ram air turbine development of this AD. We have
the procedures found in 14 CFR 39.19. (RAT), and replacement of the RAT with considered the one comment received.
(2) Before using any AMOC approved in a new or serviceable RAT if necessary. The commenter, Airbus, supports the
accordance with § 39.19 on any airplane to This AD results from a report of three NPRM.
which the AMOC applies, notify the chord-wise cracks on the aft side of one
appropriate principal inspector in the FAA carbon blade of a certain RAT. We are Conclusion
Flight Standards Certificate Holding District issuing this AD to detect and correct
Office. We have carefully reviewed the
cracks and/or marks on the RAT carbon available data, including the comment
Related Information blades, which could result in reduced received, and determined that air safety
(k) The European Aviation Safety Agency structural integrity of the carbon blade, and the public interest require adopting
(EASA) emergency airworthiness directive and consequent loss of the RAT as a the AD as proposed.
2006–0106–E, dated May 2, 2006, also source of hydraulic and electrical power
addresses the subject of this AD. in an emergency. Costs of Compliance
Material Incorporated by Reference DATES: This AD becomes effective July This AD will affect about 34 airplanes
(l) You must use Airbus Temporary
21, 2006. of U.S. registry. The required inspection
Revision 4.03.00/28, dated May 4, 2006, to
The Director of the Federal Register will take about 1 work hour per
perform the actions that are required by this approved the incorporation by reference airplane, at an average labor rate of $80
AD, unless the AD specifies otherwise. (The of a certain publication listed in the AD per work hour. Based on these figures,
approval date of Airbus Temporary Revision as of July 21, 2006. the estimated cost of this AD for U.S.
4.03.00/28 is only indicated on page one of ADDRESSES: You may examine the AD operators is $2,720, or $80 per airplane.
the document.) The Director of the Federal docket on the Internet at http://
Register approved the incorporation by dms.dot.gov or in person at the Docket Authority for This Rulemaking
reference of this document in accordance Management Facility, U.S. Department Title 49 of the United States Code
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice
of Transportation, 400 Seventh Street, specifies the FAA’s authority to issue
Bellonte, 31707 Blagnac Cedex, France, for a SW., Nassif Building, Room PL–401, rules on aviation safety. Subtitle I,
copy of this service information. You may Washington, DC. Section 106, describes the authority of
review copies at the Docket Management Contact Airbus, 1 Rond Point Maurice the FAA Administrator. Subtitle VII,
Facility, U.S. Department of Transportation, Bellonte, 31707 Blagnac Cedex, France, Aviation Programs, describes in more
400 Seventh Street, SW., Room PL–401, for service information identified in this detail the scope of the Agency’s
Nassif Building, Washington, DC; on the AD. authority.
Internet at http://dms.dot.gov; or at the FOR FURTHER INFORMATION CONTACT: Tim We are issuing this rulemaking under
National Archives and Records Dulin, Aerospace Engineer, the authority described in Subtitle VII,
Administration (NARA). For information on
International Branch, ANM–116, FAA, Part A, Subpart III, Section 44701,
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the availability of this material at the NARA,


call (202) 741–6030, or go to http:// Transport Airplane Directorate, 1601 ‘‘General requirements.’’ Under that
www.archives.gov/federal_register/ Lind Avenue, SW., Renton, Washington section, Congress charges the FAA with
code_of_federal_regulations/ 98055–4056; telephone (425) 227–2141; promoting safe flight of civil aircraft in
ibr_locations.html. fax (425) 227–1149. air commerce by prescribing regulations

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34818 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Rules and Regulations

for practices, methods, and procedures (3) Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701.
the Administrator finds necessary for economic impact, positive or negative,
§ 39.13 [Amended]
safety in air commerce. This regulation on a substantial number of small entities
is within the scope of that authority under the criteria of the Regulatory ■ 2. The Federal Aviation
because it addresses an unsafe condition Flexibility Act. Administration (FAA) amends § 39.13
that is likely to exist or develop on We prepared a regulatory evaluation by adding the following new
products identified in this rulemaking of the estimated costs to comply with airworthiness directive (AD):
action. this AD and placed it in the AD docket. 2006–12–22 Airbus: Amendment 39–
Regulatory Findings See the ADDRESSES section for a location 14648. Docket No. FAA–2006–24431;
to examine the regulatory evaluation. Directorate Identifier 2006–NM–011–AD.
We have determined that this AD will Effective Date
List of Subjects in 14 CFR Part 39
not have federalism implications under
(a) This AD becomes effective July 21,
Executive Order 13132. This AD will Air transportation, Aircraft, Aviation 2006.
not have a substantial direct effect on safety, Incorporation by reference,
the States, on the relationship between Safety. Affected ADs
the national government and the States, (b) None.
Adoption of the Amendment
or on the distribution of power and Applicability
responsibilities among the various ■ Accordingly, under the authority (c) This AD applies to airplanes identified
levels of government. delegated to me by the Administrator, in Table 1 of this AD, certificated in any
For the reasons discussed above, I the FAA amends 14 CFR part 39 as category; except those airplanes on which no
certify that this AD: follows: modification/replacement of the ram air
(1) Is not a ‘‘significant regulatory turbine (RAT) has been done since
PART 39—AIRWORTHINESS incorporating Airbus modification 27014
action’’ under Executive Order 12866;
DIRECTIVES (installation of a Sundstrand RAT, part
(2) Is not a ‘‘significant rule’’ under number (P/N) 766352) or 28413
DOT Regulatory Policies and Procedures ■ 1. The authority citation for part 39 (reinstallation of the Dowty RAT) in
(44 FR 11034, February 26, 1979); and continues to read as follows: production.

TABLE 1.—APPLICABILITY
Airbus model Equipped with

(1) A320 airplanes .................................................................................... A Sundstrand RAT, P/N 762308, installed by incorporating Airbus
modification 27189 in production.
(2) A319 and A321 airplanes .................................................................... A Sundstrand RAT, P/N 762308, installed by incorporating Airbus
modification 25364 in production or Airbus Service Bulletin A320–
29–1075 in service.

Unsafe Condition or assembly to detect damage, failure, or Related Information


(d) This AD results from a report of three irregularity. Available lighting is normally (i) French airworthiness directive F–2005–
chord-wise cracks on the aft side of one supplemented with a direct source of good 212, issued December 21, 2005, also
carbon blade of a certain RAT. We are issuing lighting at an intensity deemed appropriate. addresses the subject of this AD.
this AD to detect and correct cracks and/or Inspection aids such as mirrors, magnifying
marks on the RAT carbon blades, which lenses, etc., may be necessary. Surface Material Incorporated by Reference
could result in reduced structural integrity of cleaning and elaborate procedures may be (j) You must use Airbus Service Bulletin
the carbon blade, and consequent loss of the required.’’ A320–29–1124, dated November 23, 2005, to
RAT as a source of hydraulic and electrical perform the actions that are required by this
power in an emergency. Parts Installation
AD, unless the AD specifies otherwise. The
Compliance (g) As of the effective date of this AD, no Director of the Federal Register approved the
(e) You are responsible for having the person may install a Sundstrand RAT, P/N incorporation by reference of this document
actions required by this AD performed within 762308, on any airplane, unless it has been in accordance with 5 U.S.C. 552(a) and 1 CFR
the compliance times specified, unless the inspected in accordance with paragraph (f) of part 51. Contact Airbus, 1 Rond Point
actions have already been done. this AD and found to be within the limits Maurice Bellonte, 31707 Blagnac Cedex,
specified in the referenced service bulletin. France, for a copy of this service information.
Inspection and Replacement
You may review copies at the Docket
(f) Within 600 flight hours after the Alternative Methods of Compliance
(AMOCs) Management Facility, U.S. Department of
effective date of this AD, do a detailed
Transportation, 400 Seventh Street, SW.,
inspection for cracks and marks on the (h)(1) The Manager, International Branch,
carbon blades of the RAT, in accordance with Room PL–401, Nassif Building, Washington,
ANM–116, Transport Airplane Directorate, DC; on the Internet at http://dms.dot.gov; or
the Accomplishment Instructions of Airbus FAA, has the authority to approve AMOCs at the National Archives and Records
Service Bulletin A320–29–1124, dated
for this AD, if requested in accordance with Administration (NARA). For information on
November 23, 2005. If any crack or mark is
found to be outside the limits specified in the the procedures found in 14 CFR 39.19. the availability of this material at the NARA,
service bulletin, before further flight, replace (2) Before using any AMOC approved in call (202) 741–6030, or go to http://
the RAT with a new or serviceable RAT in accordance with § 39.19 on any airplane to www.archives.gov/federal_register/
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accordance with the Accomplishment which the AMOC applies, notify the code_of_federal_regulations/
Instructions of the service bulletin. appropriate principal inspector in the FAA ibr_locations.html.
Note 1: For the purposes of this AD, a Flight Standards Certificate Holding District
detailed inspection is: ‘‘An intensive Office.
examination of a specific item, installation,

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Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Rules and Regulations 34819

Issued in Renton, Washington, on June 7, being issued substantially as proposed amount required to be contributed to the
2006. with one clarification. plan by all contributing sponsors for
Kevin M. Mullin, Section 4062(e) of ERISA provides such last 5 years.’’
Acting Manager, Transport Airplane special rules that apply when ‘‘an In sum, section 4063(b) imposes
Directorate, Aircraft Certification Service. employer ceases operations at a facility liability and provides a method for
[FR Doc. 06–5424 Filed 6–15–06; 8:45 am] in any location and, as a result of such determining the amount of that
BILLING CODE 4910–13–P cessation of operations, more than 20 liability—i.e., for determining the
percent of the total number of his withdrawing employer’s portion of the
employees who are participants under a liability to the PBGC under section
PENSION BENEFIT GUARANTY plan established and maintained by him 4062(b) that would arise if the plan
CORPORATION are separated from employment’’ (a terminated.
‘‘section 4062(e) event’’). In the case of Section 4062(e) provides that, when a
29 CFR Parts 4062 and 4063 a section 4062(e) event, the employer section 4062(e) event occurs, the
‘‘shall be treated with respect to that employer is treated as a substantial
RIN 1212–AB03 plan as if he were a substantial employer under a multiple employer
employer under a plan under which plan. Thus, section 4062(e) creates
Liability Pursuant to Section 4062(e) of
more than one employer makes liability that is analogous to the section
ERISA
contributions and the provisions of 4063(b) liability arising when a
AGENCY: Pension Benefit Guaranty §§ 4063, 4064, and 4065 shall apply.’’ 1 substantial employer withdraws from a
Corporation. Thus, if a section 4062(e) event multiple employer plan. Section 4062(e)
ACTION: Final rule. occurs, the provisions of ERISA section does not, however, provide any details
4063 (among other provisions) apply to as to how this analogy is to be
SUMMARY: This rule provides a formula the employer. Section 4063(b) imposes implemented—i.e., how the liability is
for computing liability under section liability upon a substantial employer to be apportioned with respect to the
4063(b) of the Employee Retirement that withdraws from a multiple cessation of operations.
Income Security Act of 1974 (‘‘ERISA’’) employer plan. This section 4063(b) As explained above, when a
when there is a substantial cessation of liability represents the withdrawing substantial employer withdraws from a
operations by an employer as described employer’s share of the liability to the multiple employer plan, section 4063(b)
by section 4062(e) of ERISA. That PBGC under section 4062(b) that would allocates liability to that withdrawing
section provides, among other things, arise if the plan were to terminate employer based upon the ratio of the
that when a section 4062(e) event without enough assets to pay all benefit employer’s required contributions to all
occurs, liability arises under section liabilities. The section 4063(b) liability required contributions for the five years
4063 of ERISA. However, the method payment made by the employer is held preceding the withdrawal. The PBGC
described in section 4063 for in escrow by the PBGC for the benefit has found, in general, that application of
determining liability is impracticable of the plan. If the plan terminates within this statutory allocation formula is
when applied to a section 4062(e) event. five years, the section 4063(b) liability relatively straightforward when
This rule, which is narrow in scope, payment is treated as part of the plan’s determining the liability of a
provides a practicable and transparent assets. If the plan does not terminate withdrawing substantial employer from
formula for calculating employer within five years, the liability payment a multiple employer plan because it is
liability when a section 4062(e) event is returned to the employer. The statute generally easy to verify what
occurs. This rulemaking is part of the also provides that, in lieu of the liability contributions were required to be made
PBGC’s ongoing effort to streamline payment, the contributing sponsor may by the withdrawing employer and what
regulation and improve administration be required to furnish a bond to the contributions were required to be made
of the pension insurance program. PBGC in an amount not exceeding 150% by all of the contributing employers.2
EFFECTIVE DATE: July 17, 2006. For a of the section 4063(b) liability. In contrast, when there is a section
discussion of applicability of these The statute also specifies a method of 4062(e) event, there is by definition only
amendments, see the Applicability computing the amount of the section one employer that contributes to the
section in SUPPLEMENTARY INFORMATION. 4063(b) liability. Section 4063(b) plan. When there is only one employer,
provides that ‘‘[t]he amount of liability the numerator and denominator used to
FOR FURTHER INFORMATION CONTACT: John
shall be computed on the basis of an determine the liability under section
H. Hanley, Director, Legislative and
amount determined by the [PBGC] to be 4063(b) would always be equal. Thus,
Regulatory Department, or James L.
the amount described in section 4062 the literal application of the allocation
Beller, Jr., Attorney, Legislative and
for the entire plan, as if the plan had method described in section 4063(b) to
Regulatory Department, PBGC, 1200 K
been terminated by the [PBGC] on the determine the liability arising upon a
Street, NW., Washington, DC 20005–
date of the withdrawal, multiplied by a section 4062(e) event is impracticable.
4026; 202–326–4024. (TTY/TDD users
fraction (1) the numerator of which is Instead, the PBGC has been using the
should call the Federal relay service by
the total amount required to be method prescribed in this rule to
dialing 711 and ask for 202–326–4024.)
contributed to the plan by such determine that liability on a case-by-
SUPPLEMENTARY INFORMATION: On case basis.
contributing sponsor for the last 5 years
February 25, 2005, (at 70 FR 9258), the ending prior to the withdrawal, and (2) Section 4063(b) of ERISA provides
Pension Benefit Guaranty Corporation the denominator of which is the total that ‘‘in addition to and in lieu of’’ the
(PBGC) published a proposed rule manner of computing the liability
modifying 29 CFR parts 4062 (Liability 1 A section 4062(e) event is similar to an active
for Termination of Single-employer participant reduction reportable under part 4043. 2 When there have been no required contributions

Plans) and 4063 (Withdrawal Liability;


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Often (but not always), a facility closing that results for the plan for the past five years, the contribution
Plans under Multiple Controlled in a section 4062(e) event also results in a method results in an undefined fraction of zero
reportable event described in 29 CFR 4043.21 divided by zero. This presents a problem for
Groups). Six comment letters were (active participant reduction). The reporting determining liability under the contribution method
received on the proposed rule and are requirements for these two types of events are of section 4063 in the context of a section 4062(e)
addressed below. The regulation is separate. event.

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