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3473

Rules and Regulations Federal Register


Vol. 70, No. 15

Tuesday, January 25, 2005

This section of the FEDERAL REGISTER National Archives and Records states that including this information
contains regulatory documents having general Administration (NARA). For (line numbers 1 through 757 inclusive)
applicability and legal effect, most of which information on the availability of this will help operators quickly identify the
are keyed to and codified in the Code of material at NARA, call (202) 741–6030, airplanes affected by this AD.
Federal Regulations, which is published under or go to: http://www.archives.gov/
50 titles pursuant to 44 U.S.C. 1510. While we agree with the intent of the
federal_register/ request, we do not agree that the line
The Code of Federal Regulations is sold by code_of_federal_regulations/ numbers should be included in the
the Superintendent of Documents. Prices of ibr_locations.html. applicability of the final rule. Although
new books are listed in the first FEDERAL DOCKET: The AD docket contains the
REGISTER issue of each week.
the commenter has provided the correct
proposed AD, comments, and any final line numbers for the affected airplanes
disposition. You can examine the AD in this AD, we have determined, in
docket on the Internet at http:// coordination with the manufacturer,
DEPARTMENT OF TRANSPORTATION dms.dot.gov, or in person at the Docket that we should use the manufacturer-
Management Facility office between 9 assigned, variable numbers in the
Federal Aviation Administration
a.m. and 5 p.m., Monday through applicability of an AD. In the past, using
Friday, except Federal holidays. The
14 CFR Part 39 line numbers has caused errors in the
Docket Management Facility office
[Docket No. FAA–2004–18786; Directorate
effectivity of the service bulletin, and
(telephone (800) 647–5227) is located on
Identifier 2004–NM–26–AD; Amendment 39– consequently in the applicability of the
the plaza level of the Nassif Building at
13947; AD 2005–02–02] AD, because the manufacturer’s
the U.S. Department of Transportation,
database generates the list of affected
RIN 2120–AA64 400 Seventh Street SW., Room PL–401,
Washington, DC. This docket number is airplanes by variable number. To
Airworthiness Directives; Boeing FAA–2004–18786; the directorate eliminate these errors and the additional
Model 767–200, –300, and –300F Series identifier for this docket is 2004–NM– work in revising a service bulletin, the
Airplanes 26–AD. manufacturer has chosen to identify
affected airplanes by variable number in
FOR FURTHER INFORMATION CONTACT:
AGENCY: Federal Aviation future service bulletins. We anticipate
Technical information: Suzanne
Administration (FAA), Department of this will also save time and work for
Masterson, Aerospace Engineer,
Transportation (DOT). operators and us because fewer ADs will
Airframe Branch, ANM–120S, FAA,
ACTION: Final rule. Seattle Aircraft Certification Office, be superseded for applicability errors.
1601 Lind Avenue, SW., Renton, Therefore, no change to this AD is
SUMMARY: The FAA is adopting a new necessary in this regard.
airworthiness directive (AD) for certain Washington 98055–4056; telephone
Boeing Model 767–200, –300, and (425) 917–6441; fax (425) 917–6590. Request To Update the Discussion
–300F series airplanes. This AD requires Plain language information: Marcia Section
repetitive high frequency eddy current Walters, marcia.walters@faa.gov.
inspections and detailed inspections of SUPPLEMENTARY INFORMATION: The FAA The same commenter also requests
the left and right butt line (BL) 25 proposed to amend 14 CFR part 39 with that we update the Discussion section of
vertical chords for cracks, and corrective an AD for certain Boeing Model 767– the proposed AD. The commenter states
actions if necessary. This AD is 200, –300, and –300F series airplanes. that, since issuance of the proposed AD,
prompted by findings of cracks in the That action, published in the Federal three operators have also reported
fillet radii of the left and right BL 25 Register on August 6, 2004 (69 FR finding cracks on the vertical chords of
vertical chords common to the nose 47804), proposed to require repetitive one Boeing Model 767–200 series
wheel well bulkhead at station 287. We high frequency eddy current inspections airplane and several Model 767–300
are issuing this AD to detect and correct and detailed inspections of the left and series airplanes.
cracks in the left and right BL 25 right butt line (BL) 25 vertical chords for We do not agree with the request,
vertical chords, which could grow cracks, and corrective actions if since the Discussion section of a
downward into a critical area that serves necessary. proposed AD is not included in a final
as a primary load path for the nose Comments rule. We thank the commenter for the
landing gear (NLG) and result in the information, but no change is necessary
collapse of the NLG during landing. We provided the public the
to this final rule.
opportunity to participate in the
DATES: This AD becomes effective development of this AD. We have Explanation of Change to This AD
March 1, 2005. considered the comments that have
The incorporation by reference of a been submitted on the proposed AD. Boeing has received a Delegation
certain publication listed in the AD is Option Authorization (DOA). We have
approved by the Director of the Federal Request To Include the Line Numbers revised this final rule to delegate the
Register as of March 1, 2005. of the Affected Airplanes in the authority to approve an alternative
ADDRESSES: For service information Applicability method of compliance for any repair
identified in this AD, contact Boeing One commenter, the manufacturer, required by this AD to the Authorized
Commercial Airplanes, P.O. Box 3707, requests that we include the line Representative for the Boeing DOA
Seattle, Washington 98124–2207. You numbers of the affected airplanes in the Organization rather than the Designated
can examine this information at the applicability of this AD. The commenter Engineering Representative (DER).

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3474 Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Rules and Regulations

Conclusion We prepared a regulatory evaluation this AD: Do a high frequency eddy current
of the estimated costs to comply with inspection and a detailed inspection of the
We have carefully reviewed the left and right BL 25 vertical chords common
available data, including the comments this AD. See the ADDRESSES section for
to the nose wheel well bulkhead at station
that have been submitted, and a location to examine the regulatory
287 for cracks, in accordance with the service
determined that air safety and the evaluation. bulletin.
public interest require adopting the AD List of Subjects in 14 CFR Part 39 (1) Within 72 months since the date of
with the change described previously. issuance of the original Airworthiness
We have determined that these changes Air transportation, Aircraft, Aviation Certificate or the date of issuance of the
will neither increase the economic safety, Incorporation by reference, original Export Certificate of Airworthiness.
burden on any operator nor increase the Safety. (2) Within 18 months after the effective
date of this AD.
scope of the AD. Adoption of the Amendment
Note 1: For the purposes of this AD, a
Costs of Compliance ■ Accordingly, under the authority detailed inspection is: ‘‘An intensive
delegated to me by the Administrator, examination of a specific item, installation,
This AD affects about 743 airplanes
the FAA amends 14 CFR part 39 as or assembly to detect damage, failure, or
worldwide and 312 airplanes of U.S. irregularity. Available lighting is normally
registry. The required actions take about follows:
supplemented with a direct source of good
8 work hours per airplane, at an average lighting at an intensity deemed appropriate.
labor rate of $65 per work hour. No PART 39—AIRWORTHINESS
Inspection aids such as mirror, magnifying
parts are required. Based on these DIRECTIVES lenses, etc., may be necessary. Surface
figures, the estimated cost of the AD for ■ 1. The authority citation for part 39 cleaning and elaborate procedures may be
U.S. operators is $162,240, or $520 per continues to read as follows: required.’’
airplane, per inspection cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. No Cracks Found
Authority for This Rulemaking (h) For any BL 25 vertical chord in which
§ 39.13 [Amended]
The FAA’s authority to issue rules no crack is found during any inspection
■ 2. The FAA amends § 39.13 by adding required by paragraph (g) of this AD:
regarding aviation safety is found in title
the following new airworthiness Thereafter at intervals not to exceed 48
49 of the United States Code. Subtitle I, months, repeat the inspections required by
directive (AD):
section 106 describes the authority of paragraph (g) of this AD for any BL 25
the FAA Administrator. Subtitle VII, 2005–02–02 Boeing: Amendment 39–13947. vertical chord that has not been repaired
Aviation Programs, describes in more Docket No. FAA–2004–18786; according to paragraph (i) or (j) of this AD.
detail the scope of the agency’s Directorate Identifier 2004–NM–26–AD.
Cracks Found: Extending Below Water Line
authority. Effective Date
(WL) 159
This rulemaking is promulgated (a) This AD becomes effective March 1,
under the authority described in subtitle (i) If any crack is found on any BL 25
2005.
vertical chord during any inspection required
VII, part A, subpart III, section 44701,
Affected ADs by paragraph (g) or (h) of this AD, and the
‘‘General requirements.’’ Under that crack extends below WL 159: Before further
section, Congress charges the FAA with (b) None.
flight, repair according to a method approved
promoting safe flight of civil aircraft in Applicability by the Manager, Seattle Aircraft Certification
air commerce by prescribing regulations (c) This AD applies to Boeing Model 767– Office (ACO), FAA; or according to data
for practices, methods, and procedures 200, –300, and –300F series airplanes, meeting the certification basis of the airplane
the Administrator finds necessary for certificated in any category; as listed in approved by an Authorized Representative
safety in air commerce. This regulation Boeing Alert Service Bulletin 767–53A0113, for the Boeing Delegation Option
is within the scope of that authority dated February 26, 2004. Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
because it addresses an unsafe condition Unsafe Condition make those findings. For a repair method to
that is likely to exist or develop on be approved, the approval must specifically
(d) This AD was prompted by findings of
products identified in this AD. cracks in the fillet radii of the left and right reference this AD.
Regulatory Findings butt line (BL) 25 vertical chords common to
Cracks Found: Not Extending Below WL 159
the nose wheel well bulkhead at station 287.
We have determined that this AD will We are issuing this AD to detect and correct (j) If any crack is found in any BL 25
not have federalism implications under cracks in the left and right BL 25 vertical vertical chord during any inspection required
Executive Order 13132. This AD will chords, which could grow downward into a by paragraph (g) or (h) of this AD, and the
not have a substantial direct effect on critical area that serves as a primary load crack does not extend below WL 159: Before
the States, on the relationship between path for the nose landing gear (NLG) and further flight, repair any damaged BL 25
result in the collapse of the NLG during vertical chord in accordance with the service
the National Government and the States,
landing. bulletin.
or on the distribution of power and
responsibilities among the various Compliance Repaired BL 25 Vertical Chords
levels of government. (e) You are responsible for having the (k) Repair of any BL 25 vertical chord in
For the reasons discussed above, I actions required by this AD performed within accordance with paragraph (i) or (j) of this
certify that this AD: the compliance times specified, unless the AD, as applicable, terminates the repetitive
(1) Is not a ‘‘significant regulatory actions have already been done. inspections required by paragraph (h) of this
action’’ under Executive Order 12866; AD for the repaired vertical chord only. If
Service Bulletin Reference both the left and right BL 25 vertical chords
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures (f) The term ‘‘service bulletin,’’ as used in are repaired as required by paragraph (i) or
(44 FR 11034, February 26, 1979); and this AD, means the Accomplishment (j) of this AD, as applicable, no more work
(3) Will not have a significant Instructions of Boeing Alert Service Bulletin is required by this AD.
767–53A0113, dated February 26, 2004.
economic impact, positive or negative, Alternative Methods of Compliance
on a substantial number of small entities Initial Inspections (AMOCs)
under the criteria of the Regulatory (g) At the later of the compliance times (l)(1) The Manager, Seattle Aircraft
Flexibility Act. specified in paragraphs (g)(1) and (g)(2) of Certification Office (ACO), FAA, has the

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Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / Rules and Regulations 3475

authority to approve AMOCs for this AD, if FOR FURTHER INFORMATION CONTACT: to the optional form of benefit that is
requested using the procedures found in 14 Vernon S. Carter, 202–622–6060 (not a being eliminated or restricted only if it
CFR 39.19. toll free number). is identical in all respects (or would be
(2) An AMOC that provides an acceptable identical except that it provides greater
SUPPLEMENTARY INFORMATION:
level of safety may be used for any repair
required by this AD, if it is approved by an
rights to the participant), except for the
Background timing of payments after
Authorized Representative for the Boeing
Delegation Option Authorization This document contains final commencement. A single-sum
Organization who has been authorized by the amendments to 26 CFR part 1 under distribution form is not otherwise
Manager, Seattle ACO, to make those section 411(d)(6) of the Internal identical to a specified installment form
findings. Revenue Code of 1986 (Code) as of benefit if the single-sum form:
Material Incorporated by Reference
amended by the Economic Growth and • Is not available for distribution on
Tax Relief Reconciliation Act of 2001 any date on which the installment form
(m) You must use Boeing Alert Service (EGTRRA) (115 Stat. 117).
Bulletin 767–53A0113, dated February 26,
could have commenced;
Section 411(d)(6)(A) of the Code • Is not available in the same medium
2004, to perform the actions that are required
generally provides that a plan will not as the installment form; or
by this AD, unless the AD specifies
otherwise. The Director of the Federal be treated as satisfying the requirements • Imposes any additional condition of
Register approves the incorporation by of section 411 if the accrued benefit of eligibility.
reference of this document in accordance a participant is decreased by a plan
Further, an otherwise identical
with 5 U.S.C. 552(a) and 1 CFR part 51. For amendment. Section 411(d)(6)(B) prior
distribution form need not retain any
copies of the service information, contact to amendment by EGTRRA provided
Boeing Commercial Airplanes, P.O. Box
rights or features of the eliminated or
that an amendment is treated as
3707, Seattle, Washington 98124–2207. For restricted optional form of benefit to the
reducing an accrued benefit if, with
information on the availability of this extent those rights or features would not
respect to benefits accrued before the
material at the National Archives and be protected from elimination under the
amendment is adopted, the amendment
Records Administration (NARA), call (202) anti-cutback rules. The single-sum
has the effect of either eliminating or
741–6030, or go to http://www.archives.gov/ distribution form would not, however,
federal_register/code_of_federal_regulations/ reducing an early retirement benefit or
a retirement-type subsidy, or, except as be disqualified from being an otherwise
ibr_locations.html. identical distribution form if the single-
You may view the AD docket at the Docket provided by regulations, eliminating an
optional form of benefit. sum form provides greater rights to
Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., The IRS published TD 8900 in the participants than did the eliminated or
Room PL–401, Nassif Building, Washington, Federal Register on September 6, 2000 restricted optional form of benefit.
DC. (65 FR 53901). TD 8900, which Section 645(a)(1) of EGTRRA added
amended § 1.411(d)–4 of the Income Tax section 411(d)(6)(E), which provides
Issued in Renton, Washington, on January
12, 2005. Regulations, added paragraph (e) of that, except to the extent provided in
Q&A–2 to provide for additional regulations, a defined contribution plan
Ali Bahrami,
circumstances under which a defined is not treated as reducing a participant’s
Manager, Transport Airplane Directorate, accrued benefit where a plan
Aircraft Certification Service. contribution plan can be amended to
eliminate or restrict a participant’s right amendment eliminates a form of
[FR Doc. 05–1207 Filed 1–24–05; 8:45 am] distribution previously available under
to receive payment of accrued benefits
BILLING CODE 4910–13–P the plan if a single-sum distribution is
under certain optional forms of benefit.
Section 1.411(d)–4, Q&A–2(e)(1), available to the participant at the same
provides that a defined contribution time as the form of distribution
DEPARTMENT OF THE TREASURY plan may be amended to eliminate or eliminated by the amendment and the
restrict a participant’s right to receive single-sum distribution is based on the
Internal Revenue Service payment of accrued benefits under a same or greater portion of the
particular optional form of benefit participant’s account as the form of
26 CFR Part 1 without violating the section 411(d)(6) distribution eliminated by the
anti-cutback rules if, once the plan amendment. Thus, section 411(d)(6)(E)
[TD 9176] amendment takes effect for a includes conditions that are similar to
participant, the alternative forms of those in existing § 1.411(d)–4, Q&A–
RIN 1545–BC35
payment that remain available to the 2(e), but without the advance notice
Elimination of Forms of Distribution in participant include payment in a single- condition.
Defined Contribution Plans sum distribution form that is otherwise On July 8, 2003, a notice of proposed
identical to the eliminated or restricted rulemaking (REG–112039–03) was
AGENCY: Internal Revenue Service (IRS), optional form of benefit. The published in the Federal Register (68
Treasury. amendment cannot apply to a FR 40581) to reflect the addition of
ACTION: Final regulations. participant for any distribution with an section 411(d)(6)(E) by EGTRRA. The
annuity starting date before the earlier proposed regulations amended
SUMMARY: This document contains final of the 90th day after the participant § 1.411(d)–4, Q&A–2(e) to eliminate the
regulations that would modify the receives a summary that reflects the 90-day advance notice condition on
circumstances under which certain plan amendment and that satisfies plan amendments otherwise permitted
forms of distribution previously Department of Labor’s requirements for under § 1.411(d)–4, Q&A–2(e).
available are permitted to be eliminated a summary of material modifications Following publication of the proposed
from qualified defined contribution under 29 CFR 2520.104b–3, or the first regulations, comments were received,
plans. These final regulations affect day of the second plan year following but no public hearing was requested.
qualified retirement plan sponsors, the plan year in which the amendment After consideration of the comments
administrators, and participants. is adopted. Section 1.411(d)–4, Q&A– received, the proposed regulations are
DATES: These regulations are effective 2(e)(2), provides that a single-sum adopted as revised by this Treasury
January 25, 2005. distribution form is otherwise identical decision.

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