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58358 Federal Register / Vol. 70, No.

193 / Thursday, October 6, 2005 / Proposed Rules

Order 12866, the Regulatory Flexibility which, if the cracking were to continue including the name of the individual
Act, or DOT Regulatory Policies and to grow, could result in a severed frame. who sent the comment (or signed the
Procedures (44 FR 11034, February 26, A severed frame, combined with comment on behalf of an association,
1979). existing multi-site damage at the business, labor union, etc.). You may
stringer 10 lap splice, could result in review DOT’s complete Privacy Act
List of Subjects in 14 CFR Part 39 Statement in the Federal Register
rapid decompression of the airplane.
Air transportation, Aircraft, Aviation DATES: We must receive comments on published on April 11, 2000 (65 FR
safety, Safety. this proposed AD by November 21, 19477–78), or you may visit http://
2005. dms.dot.gov.
The Withdrawal
Accordingly, the notice of proposed ADDRESSES: Use one of the following Examining the Docket
rulemaking, Docket 97–NM–78–AD, addresses to submit comments on this You may examine the AD docket on
published in the Federal Register on proposed AD. the Internet at http://dms.dot.gov, or in
January 5, 1998 (63 FR 169), is • DOT Docket Web site: Go to http:// person at the Docket Management
withdrawn. dms.dot.gov and follow the instructions Facility office between 9 a.m. and 5
for sending your comments p.m., Monday through Friday, except
Issued in Renton, Washington, on electronically.
September 29, 2005. Federal holidays. The Docket
• Government-wide rulemaking Web Management Facility office (telephone
Ali Bahrami, site: Go to http://www.regulations.gov (800) 647–5227) is located on the plaza
Manager, Transport Airplane Directorate, and follow the instructions for sending level of the Nassif Building at the DOT
Aircraft Certification Service. your comments electronically. street address stated in the ADDRESSES
[FR Doc. 05–20076 Filed 10–5–05; 8:45 am] • Mail: Docket Management Facility, section. Comments will be available in
BILLING CODE 4910–13–P U.S. Department of Transportation, 400 the AD docket shortly after the Docket
Seventh Street, SW., Nassif Building, Management System receives them.
Room PL–401, Washington, DC 20590.
DEPARTMENT OF TRANSPORTATION • Fax: (202) 493–2251. Discussion
• Hand Delivery: Room PL–401 on We have received numerous reports
Federal Aviation Administration the plaza level of the Nassif Building, indicating that frame cracks have been
400 Seventh Street, SW., Washington, found at the attachment holes for
14 CFR Part 39 DC, between 9 a.m. and 5 p.m., Monday support brackets for the air conditioning
[Docket No. FAA–2005–22629; Directorate through Friday, except Federal holidays. outlet extrusion on Boeing Model 737–
Identifier 2005–NM–089–AD] Contact Boeing Commercial 200, –300, –400, and –500 series
Airplanes, P.O. Box 3707, Seattle, airplanes. The subject support brackets
RIN 2120–AA64 Washington 98124–2207, for the service have a certain part number and are
information identified in this proposed attached to the frame with two rivets.
Airworthiness Directives; Boeing AD.
Model 737–200, –300, –400, and –500 Subject support brackets may be
FOR FURTHER INFORMATION CONTACT: Sue installed on frames between station 360
Series Airplanes
Lucier, Aerospace Engineer, Airframe and station 907. Investigation has
AGENCY: Federal Aviation Branch, ANM–120S, FAA, Seattle revealed that the frame cracks occur due
Administration (FAA), Department of Aircraft Certification Office, 1601 Lind to fatigue and grow in a circumferential
Transportation (DOT). Avenue, SW., Renton, Washington direction. The circumferential growth of
ACTION: Notice of proposed rulemaking 98055–4056; telephone (425) 917–6438; the cracks is not likely to lead to a
(NPRM). fax (425) 917–6590. severed frame; however, with continued
SUPPLEMENTARY INFORMATION: fatigue cycling, a crack could potentially
SUMMARY: The FAA proposes to adopt a turn in a direction that would lead to a
new airworthiness directive (AD) for Comments Invited
severed frame. Also, frame cracks have
certain Boeing Model 737–200, –300, We invite you to submit any relevant been found on multiple adjacent frames,
–400, and –500 series airplanes. This written data, views, or arguments and at the lower row of fasteners of the
proposed AD would require a one-time regarding this proposed AD. Include the stringer 10 lap joint, which is
inspection of frames between station docket number ‘‘FAA–2005–22629; susceptible to multi-site damage.
360 and station 907 to determine if a Directorate Identifier 2005–NM–089– Therefore, frame cracks at the
subject support bracket for the air AD’’ at the beginning of your comments. attachment holes for the support bracket
conditioning outlet extrusion is We specifically invite comments on the of the air conditioning outlet extrusion,
installed, and related repetitive overall regulatory, economic, if not corrected, could eventually lead to
investigative actions and repair if environmental, and energy aspects of a severed frame, which, combined with
necessary. This proposed AD also the proposed AD. We will consider all existing multi-site damage at the
provides an optional preventive comments received by the closing date stringer 10 lap splice, could result in
modification that would end the and may amend the proposed AD in rapid decompression of the airplane.
repetitive investigative actions. This light of those comments.
proposed AD would also require a one- We will post all comments we Relevant Service Information
time post-modification/repair receive, without change, to http:// We have reviewed Boeing Special
inspection for cracking of each repaired/ dms.dot.gov, including any personal Attention Service Bulletin 737–53–
modified frame. This proposed AD information you provide. We will also 1216, dated January 27, 2005. Part I of
results from numerous reports post a report summarizing each the service bulletin describes
indicating that frame cracks have been substantive verbal contact with FAA procedures for a general visual
found at the attachment holes for personnel concerning this proposed AD. inspection to identify where subject
support brackets for the air conditioning Using the search function of that Web support brackets (defined previously)
outlet extrusion. We are proposing this site, anyone can find and read the may be installed on frames between
AD to detect and correct such cracking, comments in any of our dockets, station 360 and station 907. Part I of the

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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 58359

service bulletin also describes Accomplishing the general visual is found during a post-modification/
procedures for related investigative inspection, repetitive MFEC and HFEC repair inspection. We find that any
actions following identification of inspections, and any necessary cracking found during a post-
subject support brackets. The related corrective actions specified in the modification/repair inspection must be
investigative actions consist of a service information is intended to repaired in one of the following ways:
medium-frequency eddy current (MFEC) adequately address the unsafe • Using a method that we approve; or
inspection for cracking of the frame condition. • Using data that meet the
around the attachment rivets of the Section 1.E., Compliance, of the certification basis of the airplane, and
support bracket, and a high-frequency service bulletin specifies compliance that have been approved by an
eddy current (HFEC) inspection for times for the actions in the service Authorized Representative for the
cracking of the frame adjacent to the bulletin. The service bulletin specifies Boeing Commercial Airplanes
inboard fastener hole. that the initial general visual, MFEC, Delegation Option Authorization
For any subject support bracket on and HFEC inspections, as applicable, Organization whom we have authorized
which no cracking is found, the service are required prior to the accumulation to make those findings.
bulletin specifies to perform these of 30,000 total flight cycles, or within Also, Part IV of the Accomplishment
inspections repetitively, or to do a 5,000 flight cycles after the date of the Instructions of the referenced service
preventive modification. Part II of the service bulletin (or after a frame repair bulletin specifies reporting to Boeing
service bulletin describes procedures for was made), whichever occurs later. The any damage found during the post-
the preventive modification, which service bulletin specifies a repetitive modification/repair inspections. This
involves performing an open-hole HFEC interval (for all subject frames) of 6,000 proposed AD would not require that
inspection of the frame holes for the flight cycles. action. We do not need this information
support bracket, and repairing any FAA’s Determination and Requirements from operators.
cracks in accordance with the repair of the Proposed AD The service bulletin specifies a
procedures (in Part III of the service compliance time relative to the date of
We have evaluated all pertinent
bulletin). If no crack is found during the the service bulletin; however, this
information and identified an unsafe
inspection of the frame holes, the proposed AD would require compliance
condition that is likely to exist or
modification procedures involve before the specified compliance time
develop on other airplanes of this same
installing a doubler and cold-working after the effective date of this AD.
type design. For this reason, we are
fastener holes, as applicable.
proposing this AD, which would require Costs of Compliance
For any subject frame on which accomplishing the actions specified in
cracking is found, Part III of the service the service information described There are about 2,131 airplanes of the
bulletin specifies procedures for repair. previously, except as discussed under affected design in the worldwide fleet.
The repair involves cutting out the ‘‘Differences Between the Proposed AD This proposed AD would affect about
frame web, doing a dye penetrant or and Service Information.’’ If no cracking 938 airplanes of U.S. registry. The
HFEC inspection of the cutout to ensure is found, this proposed AD would also proposed inspection to identify subject
it is free from cracks, installing repair provide for optional accomplishment of support brackets, and subsequent MFEC
angles, and cold working fastener holes the preventive modification, which and HFEC inspections would take about
as applicable. would end the repetitive inspections for 2 work hours per frame, with
Part IV of the service bulletin each modified frame. approximately 32 to 45 frames to be
describes procedures for performing a Consistent with the service inspected per airplane, at an average
one-time post-repair/modification information, the proposed AD would labor rate of $65 per work hour. Based
inspection of any modified or repaired allow repetitive inspections to continue on these figures, the estimated cost of
frame, which involves the following: in lieu of the preventive modification the proposed AD for U.S. operators is
• Performing a detailed inspection for for any frame on which no cracking is between $3,902,080 and $5,487,300, or
cracking of the modification doubler or found. In making this determination, we between $4,160 and $5,850 per airplane.
repair angle, as applicable. considered that long-term continued The following table provides the
• Performing a detailed inspection for operational safety in this case will be estimated costs for U.S. operators to
cracking of the frame, two stringers adequately ensured by repetitive comply with the inspections of each
above and two stringers below the inspections to detect cracking before it frame for cracking, the preventive
support bracket. represents a hazard to the airplane. modification, and the repair specified in
• Performing a detailed inspection for this proposed AD, at an average labor
cracking of the air conditioning attach Differences Between the Proposed AD rate of $65 per work hour. Note that the
brackets. and Service Information estimated cost specified in the table is
• Performing a detailed inspection for Part IV of the Accomplishment per frame, not per airplane, as it is
cracking of the frame at the stringer Instructions of the referenced service unknown how many frames on each
clips. bulletin does not specify what airplane will have a subject bracket
• Reporting any cracking to Boeing. corrective action is necessary if cracking installed.

ESTIMATED ON-CONDITION COSTS


Work Cost per
Action Parts
hours frame

Preventive modification .......................................................................................................... 4 Operator-provided ....... $260


Repair ..................................................................................................................................... 6 $608 ............................ 998

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58360 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules

Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Boeing Special Attention Service Bulletin
737–53–1216, dated January 27, 2005, except
Title 49 of the United States Code § 39.13 [Amended] for paragraph 3.B.2. of Part I (which was
specifies the FAA’s authority to issue 2. The Federal Aviation already done in accordance with paragraph
rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 (f) of this AD). Do the initial inspections at
section 106, describes the authority of by adding the following new the applicable time specified in paragraph
the FAA Administrator. Subtitle VII, airworthiness directive (AD): 1.E., ‘‘Compliance,’’ of the service bulletin,
Aviation Programs, describes in more except, where the service bulletin specifies a
detail the scope of the Agency’s Boeing: Docket No. FAA–2005–22629; compliance time after the issuance of the
Directorate Identifier 2005–NM–089–AD. service bulletin, this AD requires compliance
authority.
We are issuing this rulemaking under Comments Due Date within the specified compliance time after
the effective date of this AD. If no cracking
the authority described in subtitle VII, (a) The FAA must receive comments on is found, repeat the inspections thereafter at
part A, subpart III, section 44701, this AD action by November 21, 2005. intervals not to exceed the repeat interval
‘‘General requirements.’’ Under that specified in paragraph 1.E., ‘‘Compliance,’’ of
Affected ADs
section, Congress charges the FAA with the service bulletin, until paragraph (h) or (i)
promoting safe flight of civil aircraft in (b) None. of this AD is done.
air commerce by prescribing regulations Applicability Repair
for practices, methods, and procedures (c) This AD applies to Boeing Model 737–
the Administrator finds necessary for (h) For any frame in which cracking is
200, –300, –400, and –500 series airplanes; found during any inspection required by
safety in air commerce. This regulation certificated in any category; as identified in paragraph (g) of this AD: Before further flight,
is within the scope of that authority Boeing Special Attention Service Bulletin repair the cracking by doing all applicable
because it addresses an unsafe condition 737–53–1216, dated January 27, 2005. actions in accordance with Part III of the
that is likely to exist or develop on Unsafe Condition Accomplishment Instructions of Boeing
products identified in this rulemaking Special Attention Service Bulletin 737–53–
(d) This AD results from numerous reports 1216, dated January 27, 2005. Then, do
action. indicating that frame cracks have been found paragraph (j) of this AD, at the time specified
Regulatory Findings at the attachment holes for support brackets in that paragraph. Doing this repair ends the
for the air conditioning outlet extrusion. We repetitive inspections required by paragraph
We have determined that this are issuing this AD to detect and correct such
proposed AD would not have federalism (g) of this AD for each modified frame.
cracking, which, if the cracking were to
implications under Executive Order continue to grow, could result in a severed Optional Preventive Modification
13132. This proposed AD would not frame. A severed frame, combined with (i) For any frame on which a subject
have a substantial direct effect on the existing multi-site damage at the stringer 10 bracket is installed: Doing all actions
States, on the relationship between the lap splice, could result in rapid associated with the preventive modification
national Government and the States, or decompression of the airplane. in accordance with Part II of the
on the distribution of power and Compliance Accomplishment Instructions of Boeing
responsibilities among the various Special Attention Service Bulletin 737–53–
(e) You are responsible for having the 1216, dated January 27, 2005, ends the
levels of government. actions required by this AD performed within
For the reasons discussed above, I repetitive inspections required by paragraph
the compliance times specified, unless the (g) of this AD for each modified frame. Do the
certify that the proposed regulation: actions have already been done. requirements of paragraph (j) of this AD on
1. Is not a ‘‘significant regulatory each modified frame at the time specified in
action’’ under Executive Order 12866; Inspection To Determine Subject Support
Brackets that paragraph.
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures (f) Perform a one-time general visual Post-Modification/Repair Inspection
(44 FR 11034, February 26, 1979); and inspection to identify subject support (j) For each frame repaired or modified in
3. Will not have a significant brackets for the air conditioning outlet accordance with paragraph (h) or (i) of this
economic impact, positive or negative, extrusion installed on frames between station AD, as applicable: Within 24,000 flight cycles
360 and station 907, in accordance with Part after doing the modification/repair, but after
on a substantial number of small entities I of the Accomplishment Instructions of
under the criteria of the Regulatory a minimum of 18,000 flight cycles after doing
Boeing Special Attention Service Bulletin the modification/repair, do one-time detailed
Flexibility Act. 737–53–1216, dated January 27, 2005. inspections for cracking of the repaired/
We prepared a regulatory evaluation Subject support brackets have part number modified frame, air conditioning attach
of the estimated costs to comply with 65C27021–() and are attached to the frame brackets, and stringer clips, by doing all
this proposed AD and placed it in the with two rivets. Do this inspection at the actions in accordance with Part IV of the
AD docket. See the ADDRESSES section applicable time specified in paragraph 1.E., Accomplishment Instructions of Boeing
for a location to examine the regulatory ‘‘Compliance,’’ of the service bulletin, except, Special Attention Service Bulletin 737–53–
evaluation. where the service bulletin specifies a 1216, dated January 27, 2005. If any cracking
compliance time after the issuance of the is found during the post-modification/repair
List of Subjects in 14 CFR Part 39 service bulletin, this AD requires compliance inspection, before further flight, repair the
Air transportation, Aircraft, Aviation within the specified compliance time after cracking using a method approved in
the effective date of this AD. accordance with paragraph (k) of this AD.
safety, Safety.
Repetitive Inspections for Cracking Alternative Methods of Compliance
The Proposed Amendment (AMOCs)
(g) For each frame with a subject support
Accordingly, under the authority bracket identified during the inspection in (k)(1) The Manager, Seattle ACO, has the
delegated to me by the Administrator, accordance with paragraph (f) of this AD: authority to approve AMOCs for this AD, if
the FAA proposes to amend 14 CFR part Perform a medium-frequency eddy current requested in accordance with the procedures
39 as follows: inspection for cracking of the frame around found in 14 CFR 39.19.
the attachment rivets of the support bracket, (2) An AMOC that provides an acceptable
PART 39—AIRWORTHINESS and a high-frequency eddy current (HFEC) level of safety may be used for any repair
DIRECTIVES inspection for cracking of the frame adjacent required by this AD, if it is approved by an
to the inboard fastener hole, by doing all the Authorized Representative for the Boeing
1. The authority citation for part 39 actions specified in and in accordance with Commercial Airplanes Delegation Option
continues to read as follows: Part I of the Accomplishment Instructions of Authorization Organization who has been

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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 58361

authorized by the Manager, Seattle ACO, to 4. Fax: (617) 918–0048. based on this proposed rule. EPA will
make those findings. For a repair method to 5. Mail: ‘‘RME ID Number R01–OAR– not institute a second comment period.
be approved, the repair must meet the 2005–MA–0002’’, Daniel Brown, Chief, Any parties interested in commenting
certification basis of the airplane, and the Air Permits, Toxics & Indoor Programs on this action should do so at this time.
approval must specifically refer to this AD.
Unit, Office of Ecosystem Protection, Please note that if EPA receives adverse
(3) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any U.S. EPA, One Congress Street, Suite comment on an amendment, paragraph,
airplane to which the AMOC applies, notify 1100 (CAP), Boston, Massachusetts or section of this rule and if that
the appropriate principal inspector in the 02114–2023. provision may be severed from the
FAA Flight Standards Certificate Holding 6. Hand Delivery or Courier. Deliver remainder of the rule, EPA may adopt
District Office. your comments to: Daniel Brown, Chief, as final those provisions of the rule that
Issued in Renton, Washington, on Air Permits, Toxics & Indoor Programs are not the subject of an adverse
September 28, 2005. Unit, Office of Ecosystem Protection, comment. For additional information,
Ali Bahrami, U.S. EPA, One Congress Street, Suite see the direct final rule which is located
Manager, Transport Airplane Directorate,
1100 (CAP), Boston, Massachusetts in the Rules section of this Federal
Aircraft Certification Service. 02114–2023. Such deliveries are only Register.
[FR Doc. 05–20077 Filed 10–5–05; 8:45 am]
accepted during the Regional Office’s Dated: September 20, 2005.
normal hours of operation. The Regional
BILLING CODE 4910–13–P Robert W. Varney,
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30 Regional Administrator, EPA New England.
excluding Federal holidays. [FR Doc. 05–20107 Filed 10–5–05; 8:45 am]
ENVIRONMENTAL PROTECTION Please see the direct final rule which BILLING CODE 6560–50–P
AGENCY is located in the Rules Section of this
40 CFR Part 62 Federal Register for detailed
instructions on how to submit DEPARTMENT OF THE INTERIOR
[R01–OAR–2005–MA–0002; FRL–7981–6] comments.
Copies of documents relating to this Fish and Wildlife Service
Approval and Promulgation of State proposed rule are available for public
Plans for Designated Facilities and inspection during normal business 50 CFR Part 17
Pollutants: Massachusetts; Negative hours at the following locations. The
Declaration interested persons wanting to examine RIN 1018–AT75

AGENCY: Environmental Protection these documents should make an


Endangered and Threatened Wildlife
Agency (EPA). appointment with the appropriate office
and Plants; Proposed Designation of
at least 24 hours before the day of the
ACTION: Proposed rule. Critical Habitat for Brodiaea filifolia
visit.
(Thread-Leaved Brodiaea)
SUMMARY: EPA proposes to approve the Environmental Protection Agency, Air
Sections 111(d) and 129 negative Permits, Toxics & Indoor Programs Unit, AGENCY: Fish and Wildlife Service,
declaration submitted by the Office of Ecosystem Protection, Suite Interior.
Massachusetts Department of 1100 (CAP), One Congress Street, ACTION: Proposed rule; reopening of
Environmental Protection (MADEP) on Boston, Massachusetts 02114–2023. public comment period and notice of
August 23, 2005. This negative Massachusetts Department of availability of draft economic analysis.
declaration adequately certifies that Environmental Protection, Business
there are no existing hospital/medical/ Compliance Division, One Winter SUMMARY: We, the U.S. Fish and
infectious waste incinerators (HMIWIs) Street, Boston, Massachusetts 04333– Wildlife Service (Service), announce the
located within the boundaries of the 0017, (617) 292–5500. reopening of the public comment period
Commonwealth of Massachusetts. FOR FURTHER INFORMATION CONTACT: John on the proposed designation of critical
DATES: EPA must receive comments in Courcier, Office of Ecosystem Protection habitat for Brodiaea filifolia, and the
writing by November 7, 2005. (CAP), EPA–New England, Region 1, availability of a draft economic analysis
Boston, Massachusetts 02203, telephone of the proposed designation of critical
ADDRESSES: Submit your comments,
number (617) 918–1659, fax number habitat. We are reopening the comment
identified by Regional Material in
(617) 918–0659, e-mail period to allow all interested parties an
EDocket (RME) ID Number R01–OAR–
courcier.john@epa.gov. opportunity to comment simultaneously
2005–MA–0002 by one of the following
SUPPLEMENTARY INFORMATION: In the on the proposed rule and the associated
methods:
Final Rules section of this Federal draft economic analysis. Comments
1. Federal eRulemaking Portal:
Register, EPA is approving the previously submitted on this proposed
http://www.regulations.gov. Follow the
Massachusetts Negative Declaration rule need not be resubmitted as they
on-line instructions for submitting
submittal as a direct final rule without have already been incorporated into the
comments.
2. Agency Web site: http:// prior proposal because the Agency public record and will be fully
docket.epa.gov/rmepub/ Regional views this as a noncontroversial considered in our final determination.
Material in EDocket (RME), EPA’s submittal and anticipates no adverse DATES: We will accept public comments
electronic public docket and comment comments. A detailed rationale for the and information until October 20, 2005.
system, is EPA’s preferred method for approval is set forth in the direct final ADDRESSES: Written comments and
receiving comments. Once in the rule. If no adverse comments are materials may be submitted to us by any
system, select ‘‘quick search,’’ then key received in response to this action, no one of the following methods:
in the appropriate RME Docket further activity is contemplated. If EPA 1. You may submit written comments
identification number. Follow the on- receives adverse comments, the direct and information to Jim Bartel, Field
line instructions for submitting final rule will be withdrawn and all Supervisor, Carlsbad Fish and Wildlife
comments. public comments received will be Office, 6010 Hidden Valley Road,
3. E-mail: brown.dan@epa.gov. addressed in a subsequent final rule Carlsbad, CA 92011;

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