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48850 Federal Register / Vol. 70, No.

161 / Monday, August 22, 2005 / Rules and Regulations

products identified in this rulemaking and MD–10–30F airplanes as identified in Alternative Methods of Compliance
action. Boeing Alert Service Bulletin DC10–26A065, (AMOCs)
Revision 1, dated May 20, 2005; and Model (h) The Manager, Los Angeles Aircraft
Regulatory Findings MD–11 and MD–11F airplanes as identified Certification Office, FAA, has the authority to
We have determined that this AD will in Boeing Alert Service Bulletin MD11– approve AMOCs for this AD, if requested in
not have federalism implications under 26A060, Revision 1, dated May 10, 2005; accordance with the procedures found in 14
certificated in any category. CFR 39.19.
Executive Order 13132. This AD will
not have a substantial direct effect on Unsafe Condition Material Incorporated by Reference
the States, on the relationship between (d) This AD was prompted by reports of (i) You must use Boeing Alert Service
the national government and the States, freezing damage to the Firex discharge pipes Bulletin DC10–26A065, Revision 1, dated
or on the distribution of power and and wye assembly of the number 2 engine, May 20, 2005; or Boeing Alert Service
responsibilities among the various and one report of a level 1 ENG FIRE AGENT Bulletin MD11–26A060, Revision 1, dated
levels of government. LO alert during flight. We are issuing this AD May 10, 2005; as applicable; to perform the
For the reasons discussed above, I to prevent accumulation of water in the actions that are required by this AD, unless
certify that this AD: discharge pipes and possible consequent the AD specifies otherwise. The Director of
(1) Is not a ‘‘significant regulatory freezing damage to the discharge pipes and the Federal Register approved the
wye assembly, which could lead to failure of incorporation by reference of these
action’’ under Executive Order 12866; documents in accordance with 5 U.S.C.
the fire extinguishing system during a fire in
(2) Is not a ‘‘significant rule’’ under the number 2 engine. 552(a) and 1 CFR part 51. Contact Boeing
DOT Regulatory Policies and Procedures Commercial Airplanes, Long Beach Division,
(44 FR 11034, February 26, 1979); and Compliance 3855 Lakewood Boulevard, Long Beach,
(3) Will not have a significant (e) You are responsible for having the California 90846, Attention: Data and Service
economic impact, positive or negative, actions required by this AD performed within Management, Dept. C1–L5A (D800–0024), for
on a substantial number of small entities the compliance times specified, unless the copies of this service information. You may
under the criteria of the Regulatory actions have already been done. review copies at the Docket Management
Flexibility Act. Facility, U.S. Department of Transportation,
Inspection and Corrective and Other 400 Seventh Street SW., Room PL–401,
We prepared a regulatory evaluation Specified Actions Nassif Building, Washington, DC; on the
of the estimated costs to comply with (f) Within 18 months after the effective Internet at http://dms.dot.gov; or at the
this AD and placed it in the AD docket. date of this AD, perform a general visual National Archives and Records
See the ADDRESSES section for a location inspection for damage to the Firex discharge Administration (NARA). For information on
to examine the regulatory evaluation. pipes and wye assembly of the fire the availability of this material at the NARA,
extinguishing system of the number 2 engine, call (202) 741–6030, or go to http://
List of Subjects in 14 CFR Part 39
and corrective and other specified actions; by www.archives.gov/federal_register/
Air transportation, Aircraft, Aviation doing all the actions specified in the code_of_federal_regulations/
safety, Incorporation by reference, Accomplishment Instructions of Boeing Alert ibr_locations.html.
Safety. Service Bulletin MD11–26A060, Revision 1, Issued in Renton, Washington, on August
dated May 10, 2005 (for Model M–D11 and 10, 2005.
Adoption of the Amendment MD–11F airplanes); or Boeing Alert Service
Bulletin DC10–26A065, Revision 1, dated Kalene C. Yanamura,
■ Accordingly, under the authority Acting Manager, Transport Airplane
May 20, 2005 (for Model DC–10–10, DC–10–
delegated to me by the Administrator, 10F, DC–10–15, DC–10–30, DC–10–30F (KC– Directorate, Aircraft Certification Service.
the FAA amends 14 CFR part 39 as 10A and KDC–10), DC–10–40, DC–10–40F, [FR Doc. 05–16268 Filed 8–19–05; 8:45 am]
follows: MD–10–10F, and MD–10–30F airplanes); as BILLING CODE 4910–13–P
applicable. Do the corrective and other
PART 39—AIRWORTHINESS specified actions, as applicable, prior to
DIRECTIVES further flight. DEPARTMENT OF TRANSPORTATION
■ 1. The authority citation for part 39 Note 1: For the purposes of this AD, a
continues to read as follows: general visual inspection is: ‘‘A visual Federal Aviation Administration
examination of an interior or exterior area,
Authority: 49 U.S.C. 106(g), 40113, 44701. installation, or assembly to detect obvious 14 CFR Part 39
damage, failure, or irregularity. This level of
§ 39.13 [Amended] inspection is made from within touching [Docket No. FAA–2005–20350; Directorate
■ 2. The Federal Aviation distance unless otherwise specified. A mirror Identifier 2004–NM–202–AD; Amendment
Administration (FAA) amends § 39.13 by may be necessary to ensure visual access to 39–14223; AD 2005–17–02]
adding the following new airworthiness all surfaces in the inspection area. This level RIN 2120–AA64
directive (AD): of inspection is made under normally
available lighting conditions such as Airworthiness Directives; Boeing
2005–17–04 McDonnell Douglas: daylight, hangar lighting, flashlight, or
Amendment 39–14225. Docket No. Model 777–200 and –300 Series
droplight and may require removal or
FAA–2005–20662; Directorate Identifier opening of access panels or doors. Stands, Airplanes
2004–NM–191–AD. ladders, or platforms may be required to gain AGENCY: Federal Aviation
Effective Date proximity to the area being checked.’’ Administration (FAA), Department of
(a) This AD becomes effective September Actions Accomplished Previously Transportation (DOT).
26, 2005. ACTION: Final rule.
(g) Actions accomplished before the
Affected ADs effective date of this AD in accordance with SUMMARY: The FAA is adopting a new
(b) None. the Accomplishment Instructions of Boeing
airworthiness directive (AD) for certain
Alert Service Bulletin MD11–26A060, dated
Applicability July 20, 2004; or Boeing Alert Service Boeing Model 777–200 and –300 series
(c) This AD applies to McDonnell Douglas Bulletin DC10–26A065, dated August 19, airplanes. This AD requires inspecting
Model DC–10–10, DC–10–10F, DC–10–15, 2004; as applicable; are acceptable for the valve control and indication wire
DC–10–30, DC–10–30F (KC–10A and KDC– compliance with the corresponding actions bundles of the fuel system of the wing
10), DC–10–40, DC–10–40F, MD–10–10F, required by this AD. rear spar for discrepancies, and

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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations 48851

corrective action if necessary. This AD inspection specified in the service clamping points.’’ In addition, the
is prompted by reports of six incidents information referenced in the proposed service bulletin specifies ‘‘if no chafing
of the wire bundles chafing against the AD on all of its Model 777–200 series or damage is found’’ and ‘‘if the wire
rear spar stiffeners outside the fuel tank. airplanes. bundle routing is not in compliance,
We are issuing this AD to prevent this make a modification to the wire bundle
Request for Clarification of
chafing, which could result in wire Inconsistencies in Referenced Service routing.’’ The modification involves
damage leading to a short circuit, Information installing a spacer, screw, clip nut, and
subsequent ignition of flammable clamp, as applicable, at any clamping
vapors, and possible uncontrollable fire One commenter concurs with the point with no spacer. Accomplishing
during fueling or flight. intent of the proposed AD, but points the actions specified in the service
DATES: This AD becomes effective
out some inconsistencies found in the information is intended to adequately
September 26, 2005. Accomplishment Instructions of the address the unsafe condition of this AD
The incorporation by reference of a referenced service bulletin. The (i.e., wire chafing and damage).
certain publication listed in the AD is commenter states that the service
bulletin specifies leaving the wire In addition, we do not agree with the
approved by the Director of the Federal commenter’s statement there is no way
Register as of September 26, 2005. bundle intact, according to the original
factory installation, if the inspection to positively prove in the future that the
ADDRESSES: For service information AD was complied with in the past.
does not reveal any wire chafing;
identified in this AD, contact Boeing however, the service bulletin also Compliance with an AD is documented
Commercial Airplanes, P.O. Box 3707, specifies modifying the wire bundle in the permanent records of the affected
Seattle, Washington 98124–2207. routing by installing additional new airplanes and can be audited by a
Docket: The AD docket contains the hardware, such as spacers, if any principal maintenance inspector.
proposed AD, comments, and any final chafing is found. Therefore, we have made no change to
disposition. You can examine the AD The commenter also states that the the AD in these regards.
docket on the Internet at http:// intent of the proposed AD is to make
dms.dot.gov, or in person at the Docket Conclusion
sure that there is no wire chafing against
Management Facility office between 9 the structure. The commenter believes We have carefully reviewed the
a.m. and 5 p.m., Monday through that there will potentially be two available data, including the comments
Friday, except Federal holidays. The different aircraft configurations if the that have been submitted, and
Docket Management Facility office modification is required. The determined that air safety and the
(telephone (800) 647–5227) is located on commenter states that the configuration public interest require adopting the AD
the plaza level of the Nassif Building at with no spacers may cause the wire as proposed.
the U.S. Department of Transportation, bundle to rub against the structure in
400 Seventh Street SW., room PL–401, the future. The commenter adds that, Costs of Compliance
Washington, DC. This docket number is without spacers installed, there is no There are about 403 airplanes of the
FAA–2005–20350; the directorate way to positively prove in the future affected design in the worldwide fleet.
identifier for this docket is 2004–NM– that the proposed AD was complied This AD will affect about 129 airplanes
202–AD. with in the past. The commenter prefers of U.S. registry. The inspection will take
FOR FURTHER INFORMATION CONTACT: to modify the wire bundle routing about 1 work hour per airplane, at an
Georgios Roussos, Systems and (adding new spacers) even if there is average labor rate of $65 per work hour.
Equipment Branch, ANM–130S, FAA, currently no chafing found, in order to Based on these figures, the estimated
Seattle Aircraft Certification Office, keep common configuration within the cost of the inspection for U.S. operators
1601 Lind Avenue, SW., Renton, fleet and prevent potential problems in is $8,385, or $65 per airplane.
Washington 98055–4056; telephone the future.
(425) 917–6482; fax (425) 917–6590. We infer that the commenter is asking Authority for This Rulemaking
SUPPLEMENTARY INFORMATION: The FAA for clarification about its perceived
inconsistencies in the referenced service Title 49 of the United States Code
proposed to amend 14 CFR part 39 with specifies the FAA’s authority to issue
an AD for certain Boeing Model 777– bulletin. We agree. The service bulletin
describes procedures for inspecting the rules on aviation safety. Subtitle I,
200 and –300 series airplanes. That section 106, describes the authority of
action, published in the Federal wire bundles in the wing rear spar for
three discrepancies (i.e., wire chafing, the FAA Administrator. Subtitle VII,
Register on February 15, 2005 (70 FR Aviation Programs, describes in more
7681), proposed to require inspecting wire damage, and any missing spacer at
each of the five clamping points). The detail the scope of the Agency’s
the valve control and indication wire authority.
bundles of the fuel system of the wing commenter believes there are only two
rear spar for discrepancies, and discrepancies (i.e., wire chafing and We are issuing this rulemaking under
corrective action if necessary. wire damage). As a result, the the authority described in subtitle VII,
commenter’s statement that the wire part A, subpart III, section 44701,
Comments bundle is left intact if the inspection ‘‘General requirements.’’ Under that
We provided the public the does not reveal any wire chafing is section, Congress charges the FAA with
opportunity to participate in the incorrect. There are two conditions that promoting safe flight of civil aircraft in
development of this AD. We have need to be met for the wire bundle to air commerce by prescribing regulations
considered the comments that have be ‘‘left intact.’’ The service bulletin for practices, methods, and procedures
been submitted on the proposed AD. specifies ‘‘if no wire bundle damage or the Administrator finds necessary for
chafing is found’’ and ‘‘if the wire safety in air commerce. This regulation
Support for Proposed AD bundle routing is in compliance, no is within the scope of that authority
One commenter, the airplane more action is required.’’ Wire bundle because it addresses an unsafe condition
manufacturer, concurs with the content routing compliance is defined in the that is likely to exist or develop on
of the proposed AD. Another service bulletin as ‘‘at least one spacer products identified in this rulemaking
commenter states that it has done the is found installed at each of the five action.

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48852 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations

Regulatory Findings wire bundles of the fuel system chafing Issued in Renton, Washington, on August
against the rear spar stiffeners outside the 10, 2005.
We have determined that this AD will fuel tank. We are issuing this AD to prevent Kalene C. Yanamura,
not have federalism implications under this chafing, which could result in wire
Executive Order 13132. This AD will Acting Manager, Transport Airplane
damage leading to a short circuit, subsequent
Directorate, Aircraft Certification Service.
not have a substantial direct effect on ignition of flammable vapors, and possible
the States, on the relationship between uncontrollable fire during fueling or flight. [FR Doc. 05–16265 Filed 8–19–05; 8:45 am]
the national government and the States, Compliance
BILLING CODE 4910–13–P

or on the distribution of power and


(e) You are responsible for having the
responsibilities among the various actions required by this AD performed within
levels of government. DEPARTMENT OF TRANSPORTATION
the compliance times specified, unless the
For the reasons discussed above, I actions have already been done. Federal Aviation Administration
certify that this AD:
(1) Is not a ‘‘significant regulatory Detailed Inspection/Corrective Action
action’’ under Executive Order 12866; (f) Within 18 months after the effective 14 CFR Part 39
(2) Is not a ‘‘significant rule’’ under date of this AD: Do a detailed inspection of [Docket No. FAA–2005–20353; Directorate
DOT Regulatory Policies and Procedures the valve control and indication wire bundles Identifier 2004–NM–255–AD; Amendment
(44 FR 11034, February 26, 1979); and of the fuel system of the wing rear spar for 39–14224; AD 2005–17–03]
(3) Will not have a significant discrepancies (including any applicable
corrective action), by doing all the actions RIN 2120–AA64
economic impact, positive or negative, specified in the Accomplishment
on a substantial number of small entities Instructions of Boeing Special Attention Airworthiness Directives; Bombardier
under the criteria of the Regulatory Service Bulletin 777–28–0033, dated August Model CL–600–2B19 (Regional Jet
Flexibility Act. 14, 2003. Any applicable corrective action Series 100 & 440) Airplanes
We prepared a regulatory evaluation must be done before further flight. Part
of the estimated costs to comply with number (P/N) BACC10GU105P, shown in the AGENCY: Federal Aviation
this AD. See the ADDRESSES section for part list table of Kit 005W3225 and in the Administration (FAA), Department of
a location to examine the regulatory step tables in Figures 3 and 4 of the Transportation (DOT).
evaluation. Accomplishment Instructions of the service ACTION: Final rule.
bulletin, is not a valid P/N; the correct P/N
List of Subjects in 14 CFR Part 39 that must be used is P/N BACC10JU105P. SUMMARY: The FAA is adopting a new
Air transportation, Aircraft, Aviation Note 1: For the purposes of this AD, a airworthiness directive (AD) for certain
safety, Incorporation by reference, detailed inspection is: ‘‘An intensive Bombardier Model CL–600–2B19
examination of a specific item, installation, (Regional Jet Series 100 & 440)
Safety.
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
airplanes. This AD requires installing
Adoption of the Amendment additional shielding of the hydraulic
supplemented with a direct source of good
■ Accordingly, under the authority lighting at an intensity deemed appropriate. lines in the wing box area. This AD
delegated to me by the Administrator, Inspection aids such as mirror, magnifying results from the determination that the
the FAA amends 14 CFR part 39 as lenses, etc., may be necessary. Surface additional hydraulic line shields will
follows: cleaning and elaborate procedures may be protect the lines from possible impact
required.’’ by tire debris if the tire tread fails. We
PART 39—AIRWORTHINESS Alternative Methods of Compliance
are issuing this AD to prevent damage
DIRECTIVES (AMOCs) to the hydraulic lines and subsequent
leakage from the two hydraulic systems,
■ 1. The authority citation for part 39 (g) The Manager, Seattle Aircraft
which could result in loss of braking
continues to read as follows: Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in capability on the affected side of the
Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with the procedures found in 14 airplane, asymmetrical braking, and
CFR 39.19. reduced directional control—
§ 39.13 [Amended]
particularly during a rejected takeoff.
■ 2. The FAA amends § 39.13 by adding Material Incorporated by Reference
DATES: Effective September 26, 2005.
the following new airworthiness (h) You must use Boeing Special Attention
The Director of the Federal Register
directive (AD): Service Bulletin 777–28–0033, dated August
14, 2003, to perform the actions that are approved the incorporation by reference
2005–17–02 Boeing: Amendment 39–14223. required by this AD, unless the AD specifies of a certain publication listed in the AD
Docket No. FAA–2005–20350; otherwise. The Director of the Federal as of September 26, 2005.
Directorate Identifier 2004–NM–202–AD. Register approves the incorporation by ADDRESSES: You may examine the AD
Effective Date reference of this document in accordance docket on the Internet at http://
with 5 U.S.C. 552(a) and 1 CFR part 51. To dms.dot.gov or in person at the Docket
(a) This AD becomes effective September
get copies of the service information, contact
26, 2005. Management Facility, U.S. Department
Boeing Commercial Airplanes, P.O. Box
Affected ADs 3707, Seattle, Washington 98124–2207. To of Transportation, 400 Seventh Street,
view the AD docket, go to the Docket SW., Nassif Building, Room PL–401,
(b) None.
Management Facility, U.S. Department of Washington, DC.
Applicability Transportation, 400 Seventh Street SW., For the service information identified
(c) This AD applies to Boeing Model 777– room PL–401, Nassif Building, Washington, in this AD, contact Bombardier, Inc.,
200 and –300 series airplanes, certificated in DC. To review copies of the service Canadair, Aerospace Group, P.O. Box
any category; as identified in Boeing Special information, go to the National Archives and 6087, Station Centre-ville, Montreal,
Attention Service Bulletin 777–28–0033, Records Administration (NARA). For Quebec H3C 3G9, Canada.
dated August 14, 2003. information on the availability of this
material at the NARA, call (202) 741–6030, FOR FURTHER INFORMATION CONTACT:
Unsafe Condition or go to http://www.archives.gov/ Daniel Parillo, Aerospace Engineer,
(d) This AD was prompted by reports of six federal_register/code_of_federal_regulations/ Systems and Flight Test Branch, ANE–
incidents of the valve control and indication ibr_locations.html. 172, FAA, New York Aircraft

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