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46072 Federal Register / Vol. 70, No.

152 / Tuesday, August 9, 2005 / Rules and Regulations

(1) The Director of the Federal Register Federal Register approved the incorporation Seventh Street SW., Room PL–401, Nassif
approved the incorporation by reference of by reference of Learjet Service Bulletin SB Building, Washington, DC; on the Internet at
Bombardier Service Bulletin SB 23/24/25– 23/24/25–28–2, dated October 6, 1995; and http://dms.dot.gov; or at the National
28–7, Revision 2, dated May 9, 2001; and Learjet Service Bulletin SB 35/36–28–10, Archives and Records Administration
Bombardier Service Bulletin SB 35/36–28– dated October 6, 1995. (NARA). For information on the availability
14, Revision 2, dated May 9, 2001; in (3) Contact Learjet, Inc., One Learjet Way,
accordance with 5 U.S.C. 552(a) and 1 CFR Wichita, Kansas 67209–2942, for a copy of of this material at the NARA, call (202) 741–
part 51. this service information. You may review 6030, or go to http://www.archives.gov/
(2) On December 27, 1995 (60 FR 63617, copies at the Docket Management Facility, federal_register/code_of_federal_regulations/
December 12, 1995), the Director of the U.S. Department of Transportation, 400 ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


Service bulletin Revision level Date

Bombardier Service Bulletin SB 23/24/25–28–7 ................................................................................. 2 ............................... May 9, 2001.


Bombardier Service Bulletin SB 35/36–28–14 .................................................................................... 2 ............................... May 9, 2001.
Learjet Service Bulletin SB 23/24/25–28–2 ........................................................................................ Original .................... October 6, 1995.
Learjet Service Bulletin SB 35/36–28–10 ........................................................................................... Original .................... October 6, 1995.

Issued in Renton, Washington, on July 29, of a certain publication listed in the AD Comments
2005. as of September 13, 2005.
Kevin M. Mullin, We provided the public the
ADDRESSES: You may examine the AD
Acting Manager, Transport Airplane docket on the Internet at http:// opportunity to participate in the
Directorate, Aircraft Certification Service. dms.dot.gov or in person at the Docket development of this AD. We have
[FR Doc. 05–15585 Filed 8–8–05; 8:45 am] Management Facility, U.S. Department considered the comment that has been
BILLING CODE 4910–13–P of Transportation, 400 Seventh Street received on the NPRM.
SW., Nassif Building, Room PL–401, Support for the Proposed AD
Washington, DC.
DEPARTMENT OF TRANSPORTATION Contact Boeing Commercial The commenter supports the NPRM.
Airplanes, P.O. Box 3707, Seattle, Explanation of Change to Paragraph
Federal Aviation Administration Washington 98124–2207, for service (f)(2)
information identified in this AD.
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Ivan We have revised paragraph (f)(2) of
[Docket No. FAA–2005–21088; Directorate Li, Aerospace Engineer, Airframe this AD to correct a typographical error
Identifier 2004–NM–267–AD; Amendment Branch, ANM–120S, FAA, Seattle that resulted in an incorrect paragraph
39–14215; AD 2005–16–10] Aircraft Certification Office, 1601 Lind reference.
Avenue, SW., Renton, Washington
RIN 2120–AA64 Clarification of Alternative Methods of
98055–4056; telephone (425) 917–6437;
Compliance (AMOCs)
Airworthiness Directives; Boeing fax (425) 917–6590.
Model 747–400 and 747–400D Series SUPPLEMENTARY INFORMATION: We have revised paragraph (h)(2) of
Airplanes this AD to clarify the AMOC
Examining the Docket
requirements.
AGENCY: Federal Aviation You may examine the AD docket on
Administration (FAA), Department of the Internet at http://dms.dot.gov or in Clarification of Compliance Time
Transportation (DOT). person at the Docket Management We have made a minor editorial
ACTION: Final rule. Facility office between 9 a.m. and 5 change to clarify the compliance time in
p.m., Monday through Friday, except paragraph (f)(1) of this AD.
SUMMARY: The FAA is adopting a new Federal holidays. The Docket
airworthiness directive (AD) for certain Management Facility office (telephone Conclusion
Boeing Model 747–400 and 747–400D (800) 647–5227) is located on the plaza
series airplanes. This AD requires an level of the Nassif Building at the street We have carefully reviewed the
inspection for corrosion and cracks of address stated in the ADDRESSES section. available data, including the comment
the station 980 upper deck floor beam, received, and determined that air safety
and repair and related investigative Discussion and the public interest require adopting
actions if necessary. This AD results The FAA issued a notice of proposed the AD with the changes described
from reports of corrosion under the cart rulemaking (NPRM) to amend 14 CFR previously. We have determined that
lift threshold at the station 980 upper part 39 to include an AD that would these changes will neither increase the
deck floor beam. We are issuing this AD apply to certain Boeing Model 747–400 economic burden on any operator nor
to detect and correct such corrosion, and 747–400D series airplanes. That increase the scope of the AD.
which could result in a cracked or NPRM was published in the Federal Costs of Compliance
broken floor beam, extensive damage to Register on May 3, 2005 (70 FR 22826).
adjacent structure, and possible rapid That NPRM proposed to require an There are about 363 airplanes of the
decompression of the airplane. inspection for corrosion and cracks of affected design in the worldwide fleet.
DATES: Effective September 13, 2005. the station 980 upper deck floor beam, The following table provides the
The Director of the Federal Register and repair and related investigative estimated costs for U.S. operators to
approved the incorporation by reference actions if necessary. comply with this AD.

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Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations 46073

ESTIMATED COSTS
Number of
Average
Work Cost per U.S.-reg-
Action labor rate Parts Fleet cost
hours airplane istered air-
per hour planes

Inspection ............................................................................ 3 $65 None required ..... $195 46 $8,970

Authority for This Rulemaking Adoption of the Amendment floor beam, in accordance with Boeing
Alert Service Bulletin 747–53A2503,
Title 49 of the United States Code ■ Accordingly, under the authority
dated November 11, 2004.
specifies the FAA’s authority to issue delegated to me by the Administrator, (1) Inspect within 120 months since
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as the date of issuance of the original
section 106, describes the authority of follows: standard Airworthiness Certificate or
the FAA Administrator. Subtitle VII, the date of issuance of the original
Aviation Programs, describes in more PART 39—AIRWORTHINESS
DIRECTIVES Export Certificate of Airworthiness; or
detail the scope of the Agency’s (2) Inspect at the time specified in
authority. ■ 1. The authority citation for part 39 paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii)
We are issuing this rulemaking under continues to read as follows: of this AD for the applicable airplane
the authority described in subtitle VII, group as identified in the service
Authority: 49 U.S.C. 106(g), 40113, 44701.
part A, subpart III, section 44701, bulletin.
‘‘General requirements.’’ Under that § 39.13 [Amended] (i) For Group 1 airplanes: Within 18
section, Congress charges the FAA with months after the effective date of this
■ 2. The Federal Aviation
promoting safe flight of civil aircraft in
Administration (FAA) amends § 39.13 by AD.
air commerce by prescribing regulations (ii) For Group 2 airplanes: Within 36
adding the following new airworthiness
for practices, methods, and procedures months after the effective date of this
directive (AD):
the Administrator finds necessary for AD.
safety in air commerce. This regulation 2005–16–10 Boeing: Amendment 39–14215. (iii) For Group 3 airplanes: Within
is within the scope of that authority Docket No. FAA–2005–21088;
Directorate Identifier 2004–NM–267–AD.
120 months after the airplane has been
because it addresses an unsafe condition modified in accordance with Boeing
that is likely to exist or develop on Effective Date Service Bulletin 747–25–3107, or within
products identified in this rulemaking 36 months after the effective date of this
(a) This AD becomes effective
action. AD, whichever occurs later.
September 13, 2005.
Regulatory Findings Repair
Affected ADs
We have determined that this AD will (b) None. (g) If any cracking or corrosion is
not have federalism implications under found during any inspection required by
Executive Order 13132. This AD will Applicability this AD, do all related investigative and
not have a substantial direct effect on (c) This AD applies to Boeing Model corrective actions before further flight,
the States, on the relationship between 747–400 and 747–400D series airplanes, in accordance with Boeing Alert Service
the national government and the States, certificated in any category, as listed in Bulletin 747–53A2503, dated November
or on the distribution of power and Boeing Alert Service Bulletin 747– 11, 2004. If the service bulletin specifies
responsibilities among the various 53A2503, dated November 11, 2004. to contact Boeing for appropriate action,
levels of government. repair before further flight according to
For the reasons discussed above, I Unsafe Condition a method approved by the Manager,
certify that this AD: (d) This AD was prompted by reports Seattle Aircraft Certification Office
(1) Is not a ‘‘significant regulatory of corrosion under the cart lift threshold (ACO), FAA; or according to data
action’’ under Executive Order 12866; at the station 980 upper deck floor meeting the certification basis of the
beam. We are issuing this AD to detect airplane approved by an Authorized
(2) Is not a ‘‘significant rule’’ under
and correct such corrosion, which could Representative for the Boeing Delegation
DOT Regulatory Policies and Procedures
result in a cracked or broken floor beam, Option Authorization (DOA)
(44 FR 11034, February 26, 1979); and
extensive damage to adjacent structure, Organization who has been authorized
(3) Will not have a significant and possible rapid decompression of the by the Manager, Seattle ACO, to make
economic impact, positive or negative, airplane. those findings. For a repair method to be
on a substantial number of small entities approved, the approval must
under the criteria of the Regulatory Compliance specifically reference this AD.
Flexibility Act. (e) You are responsible for having the
We prepared a regulatory evaluation Alternative Methods of Compliance
actions required by this AD performed
of the estimated costs to comply with (AMOCs)
within the compliance times specified,
this AD and placed it in the AD docket. unless the actions have already been (h)(1) The Manager, Seattle ACO,
See the ADDRESSES section for a location done. FAA, has the authority to approve
to examine the regulatory evaluation. AMOCs for this AD, if requested in
Inspection accordance with the procedures found
List of Subjects in 14 CFR Part 39
(f) At the later of the times specified in 14 CFR 39.19.
Air transportation, Aircraft, Aviation in paragraphs (f)(1) and (f)(2) of this AD: (2) An AMOC that provides an
safety, Incorporation by reference, Do a detailed inspection for corrosion acceptable level of safety may be used
Safety. and cracks of the station 980 upper deck for any repair required by this AD, if it

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46074 Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations

is approved by an Authorized and corrective actions if necessary. This Support for Proposed AD
Representative for the Boeing DOA AD results from reports of One commenter, the airplane
Organization who has been authorized contamination of the fueling float manufacturer, concurs with the content
by the Manager, Seattle ACO, to make switch by moisture or fuel, and chafing of the proposed AD.
those findings. For a repair method to be of the float switch wiring against the
approved, the repair must meet the fuel tank conduit. We are issuing this Request To Change Applicability
certification basis of the airplane, and AD to prevent such contamination and One commenter asks that the
the approval must specifically refer to chafing, which could present an ignition applicability specified in the proposed
this AD. source inside the fuel tank that could AD be limited to Boeing Model 727
cause a fire or explosion. airplanes that have float switches
Material Incorporated by Reference
DATES: Effective September 13, 2005. installed. The commenter states that the
(i) You must use Boeing Alert Service effectivity of the proposed AD will
Bulletin 747–53A2503, dated November The Director of the Federal Register encompass all Boeing Model 727–100
11, 2004, to perform the actions that are approved the incorporation by reference airplanes operated by them, even
required by this AD, unless the AD of a certain publication listed in the AD though Model 727–100 airplanes are not
specifies otherwise. The Director of the as of September 13, 2005. included in the effectivity specified in
Federal Register approved the ADDRESSES: You may examine the AD the service bulletin referenced in the
incorporation by reference of this docket on the Internet at http:// proposed AD. The commenter adds that
document in accordance with 5 U.S.C. dms.dot.gov or in person at the Docket the effectivity in the referenced service
552(a) and 1 CFR part 51. Contact Management Facility, U.S. Department bulletin is limited to airplanes with
Boeing Commercial Airplanes, P.O. Box of Transportation, 400 Seventh Street factory installed auxiliary fuel tanks; the
3707, Seattle, Washington 98124–2207, SW., Nassif Building, Room PL–401, design for Model 727–100 airplanes
for a copy of this service information. Washington, DC. does not include float switches in the
You may review copies at the Docket main fuel tanks because those airplanes
Management Facility, U.S. Department Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, utilize the Volumetric Top-Off system
of Transportation, 400 Seventh Street instead. The commenter realizes that we
SW., Room PL–401, Nassif Building, Washington 98124–2207, for service
information identified in this AD. are concerned that the effectivity of the
Washington, DC; on the Internet at referenced service bulletin may not
http://dms.dot.gov; or at the National FOR FURTHER INFORMATION CONTACT: encompass all possible scenarios
Archives and Records Administration Sulmo Mariano, Aerospace Engineer, involving the subject float switches, as
(NARA). For information on the Propulsion Branch, ANM–140S, FAA, stated in the Supplementary
availability of this material at the Seattle Aircraft Certification Office, Information section of the proposed AD.
NARA, call (202) 741–6030, or go to 1601 Lind Avenue, SW., Renton, In consideration of this concern, the
http://www.archives.gov/ Washington 98055–4056; telephone commenter notes that the effectivity of
federal_register/code_of_ (425) 917–6501; fax (425) 917–6590. the proposed AD can be reduced to
federal_regulations/ibr_locations.html. include only airplanes where the
SUPPLEMENTARY INFORMATION:
Issued in Renton, Washington, on July 29, design, as delivered or modified,
2005. Examining the Docket utilizes float switches in the airplane
Kevin M. Mullin, fuel tanks. The commenter adds that,
You may examine the AD docket on the requested change has no effect on
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. the Internet at http://dms.dot.gov or in safety, but does remove the burden of
person at the Docket Management showing compliance to a known non-
[FR Doc. 05–15586 Filed 8–8–05; 8:45 am]
Facility office between 9 a.m. and 5 applicable configuration.
BILLING CODE 4910–13–P
p.m., Monday through Friday, except We do not agree with the commenter.
Federal holidays. The Docket The planning information specified in
DEPARTMENT OF TRANSPORTATION Management Facility office (telephone the referenced service bulletin identifies
(800) 647–5227) is located on the plaza only Boeing Model 727–100 airplanes
Federal Aviation Administration level of the Nassif Building at the street delivered with two auxiliary fuel tanks
address stated in the ADDRESSES section. installed. However, the effectivity
14 CFR Part 39 Discussion specified in the service bulletin
[Docket No. FAA–2005–20799; Directorate identifies all Boeing Model 727–100 and
Identifier 2004–NM–264–AD; Amendment
The FAA issued a notice of proposed –200 airplanes with active Boeing
39–14212; AD 2005–16–07] rulemaking (NPRM) to amend 14 CFR fueling float switch shutoff systems
part 39 to include an AD that would installed. We point out that the subject
RIN 2120–AA64 apply to all Boeing Model 727 airplanes. of this AD is the float switch itself—
That NPRM was published in the regardless of the airplane model on
Airworthiness Directives; Boeing Federal Register on April 4, 2005 (70 FR which it is installed. To help operators
Model 727 Airplanes 16979). That NPRM proposed to require determine if a particular airplane is
AGENCY: Federal Aviation determining whether any float switches subject to this AD, we have included all
Administration (FAA), Department of are installed in the fuel tanks, and airplane models on which the float
Transportation (DOT). corrective actions if necessary. switch may be installed in the
ACTION: Final rule. Comments applicability of this AD. However,
operators must determine if the float
SUMMARY: The FAA is adopting a new We provided the public the switch is installed on their airplanes. As
airworthiness directive (AD) for all opportunity to participate in the specified in the AD, this determination
Boeing Model 727 airplanes. This AD development of this AD. We have can be made by a review of airplane
requires determining whether any float considered the comments that have maintenance records, instead of an
switches are installed in the fuel tanks, been received on the NPRM. inspection of the fuel tanks; such a

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