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Federal Register / Vol. 71, No.

69 / Tuesday, April 11, 2006 / Rules and Regulations 18197

(2) For Model 757–300 series airplanes: 2005; or Boeing Special Attention Service of certain publications listed in the AD
Boeing Special Attention Service Bulletin Bulletin 757–27–0149, dated June 16, 2005; as of May 16, 2006.
757–27–0149, dated June 16, 2005. as applicable; to perform the actions that are
ADDRESSES: You may examine the AD
required by this AD, unless the AD specifies
Repetitive Measurements
otherwise. The Director of the Federal
docket on the Internet at http://
(g) Within 18 months after the effective Register approved the incorporation by dms.dot.gov or in person at the Docket
date of this AD: Measure the freeplay for each reference of these documents in accordance Management Facility, U.S. Department
of the three power control units that move with 5 U.S.C. 552(a) and 1 CFR part 51. of Transportation, 400 Seventh Street
the rudder. Repeat the measurement Contact Boeing Commercial Airplanes, P.O. SW., Nassif Building, Room PL–401,
thereafter at intervals not to exceed 12,000 Box 3707, Seattle, Washington 98124–2207, Washington, DC.
flight hours or 36 months, whichever occurs for a copy of this service information. You Contact Boeing Commercial
first. Do all actions required by this may review copies at the Docket Management Airplanes, P.O. Box 3707, Seattle,
paragraph in accordance with the applicable Facility, U.S. Department of Transportation,
service bulletin.
Washington 98124–2207, for service
400 Seventh Street SW., room PL–401, Nassif information identified in this AD.
Related Investigative and Corrective Actions Building, Washington, DC; on the Internet at
http://dms.dot.gov; or at the National FOR FURTHER INFORMATION CONTACT:
(h) If any measurement found in paragraph Archives and Records Administration Louis Natsiopoulos, Aerospace
(g) of this AD is outside certain limits (NARA). For information on the availability Engineer, Systems and Equipment
specified in the service bulletin: Before of this material at the NARA, call (202) 741– Branch, ANM–130S, FAA, Seattle
further flight, do the applicable related 6030, or go to http://www.archives.gov/
investigative and corrective actions in
Aircraft Certification Office, 1601 Lind
federal_register/code_of_federal_regulations/ Avenue, SW., Renton, Washington
accordance with the service bulletin. ibr_locations.html. 98055–4056; telephone (425) 917–6478;
Repetitive Lubrication Issued in Renton, Washington, on March fax (425) 917–6590.
(i) Within 9 months after the effective date 30, 2006. SUPPLEMENTARY INFORMATION:
of this AD: Lubricate the rudder components Ali Bahrami,
specified in the applicable service bulletin. Examining the Docket
Manager, Transport Airplane Directorate,
Repeat the lubrication thereafter at the You may examine the airworthiness
Aircraft Certification Service.
applicable interval in paragraph (i)(1) or (i)(2)
of this AD. Do all actions required by this [FR Doc. 06–3378 Filed 4–10–06; 8:45 am] directive (AD) docket on the Internet at
paragraph in accordance with the applicable BILLING CODE 4910–13–P
http://dms.dot.gov or in person at the
service bulletin. Docket Management Facility office
(1) For airplanes on which BMS 3–33 between 9 a.m. and 5 p.m., Monday
grease is not used: 3,000 flight hours or 9 DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays.
months, whichever occurs first. The Docket Management Facility office
(2) For airplanes on which BMS 3–33 Federal Aviation Administration (telephone (800) 647–5227) is located on
grease is used: 6,000 flight hours or 18 the plaza level of the Nassif Building at
months, whichever occurs first. 14 CFR Part 39 the street address stated in the
Concurrent Repetitive Cycles ADDRESSES section.
[Docket No. FAA–2005–20688; Directorate
(j) If a freeplay measurement required by Identifier 2004–NM–165–AD; Amendment Discussion
paragraph (g) of this AD and a lubrication 39–14551; AD 2006–07–24]
cycle required by paragraph (i) of this AD are The FAA issued a notice of proposed
due at the same time or will be accomplished RIN 2120–AA64 rulemaking (NPRM) to amend 14 CFR
during the same maintenance visit, the part 39 to include an AD that would
freeplay measurement and applicable related Airworthiness Directives; Boeing apply to certain Boeing Model 757–200
investigative and corrective actions must be Model 757–200 and –300 Series and -300 series airplanes. That NPRM
done before the lubrication is accomplished. Airplanes was published in the Federal Register
Alternative Methods of Compliance AGENCY: Federal Aviation on March 23, 2005 (70 FR 14592). That
(AMOCs) NPRM proposed to require replacing
Administration (FAA), Department of
(k)(1) The Manager, Seattle Aircraft Transportation (DOT). certain electrical panels with certain
Certification Office (ACO), FAA, has the new panels.
authority to approve AMOCs for this AD, if ACTION: Final rule.
requested in accordance with the procedures Comments
found in 14 CFR 39.19.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain We provided the public the
(2) Before using any AMOC approved in opportunity to participate in the
accordance with § 39.19 on any airplane to Boeing Model 757–200 and -300 series
airplanes. This AD requires replacing development of this AD. We have
which the AMOC applies, notify the
appropriate principal inspector in the FAA certain electrical panels with certain considered the comments received.
Flight Standards Certificate Holding District new panels. This AD results from a Support for the NPRM
Office. report of some loose wire terminations
(3) An AMOC that provides an acceptable The Boeing Company and American
in the P50 panel that caused Airlines support the NPRM.
level of safety may be used for any repair intermittent indications in the flight
required by this AD, if it is approved by an Request to Address Defective Parts
Authorized Representative for the Boeing
deck. We are issuing this AD to prevent
Commercial Airplanes Delegation Option intermittent indications in the flight Manufacturer Approval (PMA) Parts
Authorization Organization who has been deck, incorrect circuitry operation in the The Modification and Replacement
authorized by the Manager, Seattle ACO, to panels, and airplane system Parts Association (MARPA) requests
make those findings. For a repair method to malfunctions that may adversely affect that the NPRM be revised to cover
be approved, the repair must meet the the alternate flaps, alternate gear possible defective PMA alternative parts
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certification basis of the airplane, and the extension, and fire extinguishing. and to identify the manufacturer of the
approval must specifically refer to this AD.
DATES: This AD becomes effective May defective electrical panels, so that those
Material Incorporated by Reference 16, 2006. defective PMA parts also are subject to
(l) You must use Boeing Special Attention The Director of the Federal Register the NPRM. MARPA states that the
Service Bulletin 757–27–0148, dated June 16, approved the incorporation by reference electrical panels are identified in the

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18198 Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations

NPRM by certain cryptic numbers such made no change to the AD in this economic burden on any operator nor
as P1–1, P54, etc. MARPA is not clear regard. increase the scope of the AD.
whether these are vendor part numbers
Request To Revise Work Hour Estimate Costs of Compliance
or some other designation such as
location or function. The Air Transport Association (ATA) There are about 19 airplanes of the
MARPA also states that there are a of America, on behalf of one of its affected design in the worldwide fleet.
number of electrical panels known to members (Northwest Airlines, Inc.,), This AD will affect about 13 airplanes
have been approved via the PMA route. states that the work hours necessary to of U.S. registry. The required actions
However, MARPA adds that it is not do the proposed replacement are will take about 12 work hours per
possible to determine if such substantially more than the 12 work airplane, at an average labor rate of $65
alternatives exist in this case without hours specified in the NPRM. The ATA per work hour. Required parts will cost
knowing the name of the actual indicates that this disparity may cause about $252,834 per airplane. Based on
manufacturer and its part number and/ some affected operators to accomplish these figures, the estimated cost of this
or the corresponding type certificate the proposed replacement during AD for U.S. operators is $3,296,982, or
holder part number. In addition, unplanned, dedicated maintenance $253,614 per airplane. However, we
MARPA states that, in general, service visits. Northwest Airlines, Inc., notes have confirmed with the airplane
bulletins almost exclusively refer to the that the service bulletins in table 1 of manufacturer that warranty remedies
original equipment manufacturer’s the NPRM specify 84 total hours to do may be available for all affected
components and exclude possible PMA the proposed replacement. They also airplanes. The manufacturer may cover
alternatives. MARPA further states that notes that it took 162 hours to modify the cost of replacement parts and labor
suppliers or repair facilities usually do one of their airplanes. They also state costs associated with this AD, subject to
not have access to the proprietary that the main driver for the long hours warranty conditions. As a result, the
service bulletins and may not be able to was the enormous functional check for costs attributable to this AD may be less
identify defective components. In such all of the disturbed systems and signals than stated above.
cases, defective units could be returned when replacing certain panels.
to service or supplied to operators. We infer that the ATA and Northwest Authority for This Rulemaking
We partially agree. We agree with Airlines, Inc., are requesting that we Title 49 of the United States Code
MARPA’s general request that, if we revise the work hour estimate under specifies the FAA’s authority to issue
know that an unsafe condition also ‘‘Costs of Compliance’’ in the NPRM. rules on aviation safety. Subtitle I,
exists in PMA parts, an AD should We do not agree. The work hour section 106, describes the authority of
address those parts, as well as the estimate describes only the direct costs the FAA Administrator. Subtitle VII,
original parts. However, in the case of of the replacement required by this AD. Aviation Programs, describes in more
this AD, the unsafe condition is the Based on the best data available, the detail the scope of the Agency’s
result of a manufacturing error at The manufacturer provided the number of authority.
Boeing Company, not a design work hours (12) necessary to do the We are issuing this rulemaking under
deficiency and thus, this AD does not required replacement. This number the authority described in subtitle VII,
affect PMA parts. represents the time necessary to perform part A, subpart III, section 44701,
MARPA’s remarks are timely in that only the replacement actually required ‘‘General requirements.’’ Under that
the Transport Airplane Directorate by this AD. We recognize that, in doing section, Congress charges the FAA with
currently is in the process of reviewing the actions required by an AD, operators promoting safe flight of civil aircraft in
this issue as it applies to transport may incur other costs in addition to the air commerce by prescribing regulations
category airplanes. We acknowledge direct costs. The cost analysis in AD for practices, methods, and procedures
that there may be other ways of rulemaking actions, however, typically the Administrator finds necessary for
addressing this issue to ensure that does not include those costs (such as the safety in air commerce. This regulation
unsafe PMA parts are identified and time required to gain access and close is within the scope of that authority
addressed. Once we have thoroughly up, time necessary for planning and because it addresses an unsafe condition
examined all aspects of this issue, scheduling, tests, and time necessitated that is likely to exist or develop on
including input from industry, and have by other administrative actions). Those products identified in this rulemaking
made a final determination, we will costs, which may vary significantly action.
consider whether our policy regarding among operators, are almost impossible
addressing PMA parts in ADs needs to Regulatory Findings
to calculate. Therefore, we have not
be revised. changed this AD regarding this issue. We have determined that this AD will
We do not agree with MARPA’s not have federalism implications under
request to identify the manufacturer and Clarification of Alternative Method of Executive Order 13132. This AD will
part numbers of the subject electric Compliance (AMOC) Paragraph not have a substantial direct effect on
panels. As explained previously, we We have revised this action to clarify the States, on the relationship between
have determined that the identified the appropriate procedure for notifying the National Government and the States,
unsafe condition is the result of a the principal inspector before using any or on the distribution of power and
manufacturing error, not a design approved AMOC on any airplane to responsibilities among the various
deficiency. Since the AD does not affect which the AMOC applies. levels of government.
PMA parts, and The Boeing Company’s For the reasons discussed above, I
part numbers of the affected P1–1, P1– Conclusion
certify that this AD:
3, P3–1, P3–3, P50, and P54 panels are We have carefully reviewed the (1) Is not a ‘‘significant regulatory
identified in paragraph 2., ‘‘MATERIAL available data, including the comments action’’ under Executive Order 12866;
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INFORMATION,’’ of the applicable received, and determined that air safety (2) Is not a ‘‘significant rule’’ under
Boeing special attention service bulletin and the public interest require adopting DOT Regulatory Policies and Procedures
listed in table 1 of the AD, it is the AD with the change described (44 FR 11034, February 26, 1979); and
unnecessary to specify PMA part previously. We have determined that (3) Will not have a significant
numbers in the AD. Therefore, we have this change will neither increase the economic impact, positive or negative,

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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations 18199

on a substantial number of small entities Adoption of the Amendment by adding the following new
under the criteria of the Regulatory airworthiness directive (AD):
■ Accordingly, under the authority
Flexibility Act. delegated to me by the Administrator, 2006–07–24 Boeing: Amendment 39–14551.
We prepared a regulatory evaluation the FAA amends 14 CFR part 39 as Docket No. FAA–2005–20688;
of the estimated costs to comply with follows: Directorate Identifier 2004–NM–165–AD.
this AD and placed it in the AD docket. Effective Date
See the ADDRESSES section for a location PART 39—AIRWORTHINESS
(a) This AD becomes effective May 16,
to examine the regulatory evaluation. DIRECTIVES
2006.
List of Subjects in 14 CFR Part 39 ■ 1. The authority citation for part 39 Affected ADs
continues to read as follows:
(b) None.
Air transportation, Aircraft, Aviation Authority: 49 U.S.C. 106(g), 40113, 44701.
safety, Incorporation by reference, Applicability
Safety. § 39.13 [Amended]
(c) This AD applies to airplanes listed in
■2. The Federal Aviation Table 1 of this AD, certificated in any
Administration (FAA) amends § 39.13 category.

TABLE 1.—APPLICABILITY
Boeing model As listed in Boeing Special Attention Service Bulletin—

(1) 757–200 series airplanes .................................................................... 757–24–0092, dated January 9, 2003.


(2) 757–300 series airplanes .................................................................... 757–24–0095, dated January 9, 2003.

Unsafe Condition otherwise. The Director of the Federal ACTION: Final rule.
(d) This AD was prompted by a report of Register approved the incorporation by
some loose wire terminations in the P50 reference of these documents in accordance SUMMARY: The FAA is adopting a new
panel that caused intermittent indications in with 5 U.S.C. 552(a) and 1 CFR part 51. airworthiness directive (AD) for certain
the flight deck. We are issuing this AD to Contact Boeing Commercial Airplanes, P.O. BAE Systems (Operations) Limited
prevent intermittent indications in the flight Box 3707, Seattle, Washington 98124–2207, Model BAe 146 and Model Avro 146–
deck, incorrect circuitry operation in the for a copy of this service information. You RJ airplanes. This AD requires
panels, and airplane system malfunctions may review copies at the Docket Management modifying the control cable duct on the
that may adversely affect the alternate flaps, Facility, U.S. Department of Transportation,
400 Seventh Street SW., Room PL–401,
left bulkhead structure at frame 12, and,
alternate gear extension, and fire for certain airplanes, the forward toilet
extinguishing. Nassif Building, Washington, DC; on the
Internet at http://dms.dot.gov; or at the bulkhead structure. This AD results
Compliance National Archives and Records from a structural analysis by the
(e) You are responsible for having the Administration (NARA). For information on manufacturer that revealed that rapid
actions required by this AD performed within the availability of this material at the NARA, decompression of the flight
the compliance times specified, unless the call (202) 741–6030, or go to http:// compartment with the door closed
actions have already been done. www.archives.gov/federal-register/cfr/ibr- could cause structural deformation of
locations.html. the left bulkhead structure at frame 12,
Replacements
(f) Within 24 months after the effective
Issued in Renton, Washington, on March and of the attached cable duct structure.
31, 2006. The duct structure protects the cables
date of this AD, replace the P1–1, P1–3, P3–
1, P3–3, P50, P51, and P54 panels with new Ali Bahrami, for the primary flight controls. We are
P1–1, P1–3, P3–1, P3–3, P50, P51, and P54 Manager, Transport Airplane Directorate, issuing this AD to prevent deformation
panels, in accordance with the Aircraft Certification Service. of the cable duct structure in the event
Accomplishment Instructions of the [FR Doc. 06–3377 Filed 4–10–06; 8:45 am] of a rapid decompression, which could
applicable service bulletin listed in Table 1 result in restriction of the primary flight
BILLING CODE 4910–13–P
of this AD. controls and consequent reduced
Alternative Methods of Compliance controllability of the airplane.
(AMOCs) DEPARTMENT OF TRANSPORTATION DATES: This AD becomes effective May
(g)(1) The Manager, Seattle Aircraft 16, 2006.
Certification Office (ACO), FAA, has the Federal Aviation Administration The Director of the Federal Register
authority to approve AMOCs for this AD, if approved the incorporation by reference
requested in accordance with the procedures 14 CFR Part 39 of a certain publication listed in the AD
found in 14 CFR 39.19. as of May 16, 2006.
(2) Before using any AMOC approved in [Docket No. FAA–2006–23840; Directorate
accordance with § 39.19 on any airplane to Identifier 2005–NM–232–AD; Amendment ADDRESSES: You may examine the AD
which the AMOC applies, notify the 39–14549; AD 2006–07–22] docket on the Internet at http://
appropriate principal inspector in the FAA dms.dot.gov or in person at the Docket
RIN 2120–AA64
Flight Standards Certificate Holding District Management Facility, U.S. Department
Office. of Transportation, 400 Seventh Street
Airworthiness Directives; BAE
Material Incorporated by Reference Systems (Operations) Limited Model SW., Nassif Building, Room PL–401,
BAe 146 and Model Avro 146-RJ Washington, DC.
wwhite on PROD1PC61 with NOTICES

(h) You must use Boeing Special Attention


Service Bulletin 757–24–0092, dated January Airplanes Contact British Aerospace Regional
9, 2003; or Boeing Special Attention Service Aircraft American Support, 13850
Bulletin 757–24–0095, dated January 9, 2003; AGENCY: Federal Aviation Mclearen Road, Herndon, Virginia
as applicable; to perform the actions that are Administration (FAA), Department of 20171, for service information identified
required by this AD, unless the AD specifies Transportation (DOT). in this AD.

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