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Federal Register / Vol. 70, No.

102 / Friday, May 27, 2005 / Rules and Regulations 30615

the national government and the States, Maintenance Manual. We are issuing this AD Issued in Burlington, Massachusetts, on
or on the distribution of power and to prevent uncontained engine failure in the May 17, 2005.
responsibilities among the various event of a free turbine overspeed. Robert E. Guyotte,
levels of government. Compliance Acting Manager, Engine and Propeller
For the reasons discussed above, I Directorate, Aircraft Certification Service.
certify that the regulation: (e) You are responsible for having the
[FR Doc. 05–10295 Filed 5–26–05; 8:45 am]
actions required by this AD performed within
1. Is not a ‘‘significant regulatory BILLING CODE 4910–13–P
the compliance times specified unless the
action’’ under Executive Order 12866;
actions have already been done.
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures Initial Testing DEPARTMENT OF TRANSPORTATION
(44 FR 11034, February 26, 1979); and (f) Within 25 flight hours after the effective
3. Will not have a significant Federal Aviation Administration
date of this AD, test the DECU Free Turbine
economic impact, positive or negative, Overspeed Protection System, using
on a substantial number of small entities paragraph 2.B. of the Instructions to be 14 CFR Part 39
under the criteria of the Regulatory Incorporated of Turbomeca Alert Mandatory [Docket No. FAA–2004–19987; Directorate
Flexibility Act. Service Bulletin No. A319 77 0804, dated Identifier 2004–NM–203–AD; Amendment
We prepared a summary of the costs March 24, 2005. 39–14105; AD 2005–11–03]
to comply with this AD and placed it in (g) If the DECU Free Turbine Overspeed
RIN 2120–AA64
the AD Docket. You may get a copy of Protection System fails the test specified in
this summary by sending a request to us paragraph (f) of this AD, replace the DECU Airworthiness Directives; McDonnell
at the address listed under ADDRESSES. before further flight.
Douglas Model 717–200 Airplanes
Include ‘‘AD Docket No. 2005–NE–15– Repetitive Testing
AD’’ in your request. AGENCY: Federal Aviation
(h) Repeat the testing specified in Administration (FAA), Department of
List of Subjects in 14 CFR Part 39 paragraph (f) of this AD at each functional Transportation (DOT).
Air transportation, Aircraft, Aviation test of the DECU Free Turbine Overspeed
Protection System. Information on the ACTION: Final rule.
safety, Incorporation by reference,
functional tests of the DECU Free Turbine SUMMARY: The FAA is adopting a new
Safety.
Overspeed Protection System can be found in
airworthiness directive (AD) for certain
Adoption of the Amendment the Engine Maintenance Manual, Section 77–
McDonnell Douglas Model 717–200
30–01. Recommended intervals for the
■ Under the authority delegated to me by functional test of the Turbine Overspeed
airplanes. This AD requires replacing
the Administrator, the Federal Aviation Protection System can be found in the Engine
eight brake fuses of the hydraulic
Administration amends part 39 of the Maintenance Manual, Section 05–10–02. quantity limiter with new or modified
Federal Aviation Regulations (14 CFR and reidentified fuses. This AD is
part 39) as follows: Alternative Methods of Compliance prompted by reports indicating that
(i) The Manager, Engine Certification brake fuses of the hydraulic quantity
PART 39—AIRWORTHINESS Office, has the authority to approve limiter of the main landing gear have
DIRECTIVES alternative methods of compliance for this failed. We are issuing this AD to prevent
AD if requested using the procedures found loss of both hydraulic and brake systems
■ 1. The authority citation for part 39 in 14 CFR 39.19. if one fuse on each hydraulic system
continues to read as follows:
Related Information were to fail simultaneously, and
Authority: 49 U.S.C. 106(g), 40113, 44701. consequent reduced controllability of
(j) DGAC airworthiness directive F–2005– the airplane.
§ 39.13 [Amended] 063, dated April 27, 2005, and UF–2005, 063
R1, dated May 4, 2005, also address the DATES: This AD becomes effective July
■ 2. The FAA amends § 39.13 by adding 1, 2005.
the following new airworthiness subject of this AD.
The incorporation by reference of a
directive: Material Incorporated by Reference certain publication listed in the AD is
2005–11–01 Turbomeca S.A.: Amendment (k) You must use Turbomeca Alert approved by the Director of the Federal
39–14103. Docket No. FAA–2005–21273; Mandatory Service Bulletin No. A319 77 Register as of July 1, 2005.
Directorate Identifier 2005–NE–15–AD. 0804, dated March 24, 2005, to perform the ADDRESSES: For service information
Effective Date tests required by this AD. The Director of the identified in this AD, contact Boeing
Federal Register approved the incorporation Commercial Airplanes, Long Beach
(a) This airworthiness directive (AD)
becomes effective June 13, 2005. by reference of this service bulletin in Division, 3855 Lakewood Boulevard,
accordance with 5 U.S.C. 552(a) and 1 CFR Long Beach, California 90846,
Affected ADs part 51. Contact Turbomeca S.A., 40220
Attention: Data and Service
(b) None. Tarnos, France; telephone 33 05 59 74 40 00,
Management, Dept. C1–L5A (D800–
fax 33 05 59 74 45 15, for a copy of this
Applicability
service information. You may review copies
0024).
(c) This AD applies to Turbomeca S.A. at the Docket Management Facility; U.S.
Docket: The AD docket contains the
Arrius 1A turboshaft engines. These engines Department of Transportation, 400 Seventh proposed AD, comments, and any final
are installed on, but not limited to, Street, SW., Nassif Building, Room PL–401, disposition. You can examine the AD
Eurocopter AS355N Twinstar helicopters. Washington, DC 20590–001, on the Internet docket on the Internet at http://
Unsafe Condition at http://dms.dot.gov; or at the National dms.dot.gov, or in person at the Docket
Archives and Records Administration Management Facility office between 9
(d) This AD results from an investigation
into the Digital Electronic Control Unit (NARA). For information on the availability a.m. and 5 p.m., Monday through
(DECU) that revealed a malfunction of the of this material at NARA, call 202–741–6030, Friday, except Federal holidays. The
Free Turbine Overspeed Protection System or go to: http://www.archives.gov/ Docket Management Facility office
can exist despite the DECU passing all federal_register/code_of_federal_regulations/ (telephone (800) 647–5227) is located on
functional tests specified in the Engine ibr_locations.html. the plaza level of the Nassif Building at

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30616 Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations

the U.S. Department of Transportation, Comments paragraph 2.C.1. of the service bulletin
400 Seventh Street SW, room PL–401, We provided the public the identifies the vendor part numbers that
Washington, DC. This docket number is opportunity to participate in the correspond to the Boeing part numbers
FAA–2004–19987; the directorate development of this AD. We have referenced in the AD. Therefore, we find
identifier for this docket is 2004–NM– considered the comments that have it unnecessary to specify vendor part
203–AD. been submitted on the proposed AD. numbers in either paragraph (g) or (h) of
the AD when the referenced service
FOR FURTHER INFORMATION CONTACT: Support for Proposed AD bulletin contains that information. We
Albert Lam, Aerospace Engineer, Cabin One commenter supports the have made no change to the AD in this
Safety/Mechanical and Environmental proposed AD. regard.
Systems Branch, ANM–150L, FAA, Los
Angeles Aircraft Certification Office, Request to Refer to Vendor Part Conclusion
3960 Paramount Boulevard, Lakewood, Numbers We have carefully reviewed the
California 90712–4137; telephone (562) One commenter has no technical available data, including the comments
627–5346; fax (562) 627–5210. objection to the proposed AD, but that have been submitted, and
would like the vendor part numbers to determined that air safety and the
SUPPLEMENTARY INFORMATION: The FAA be included with the Boeing part public interest require adopting the AD
proposed to amend 14 CFR part 39 with numbers in paragraphs (g) and (h) of the as proposed.
an AD for certain McDonnell Douglas proposed AD. The commenter provided
Model 717–200 airplanes. That action, Costs of Compliance
no justification for its request.
published in the Federal Register on We do not agree. Paragraph (g) of the There are about 133 airplanes of the
January 5, 2005 (70 FR 731), proposed AD refers to Boeing Alert Service affected design in the worldwide fleet
to require replacing eight brake fuses of Bulletin 717–32A0031, dated September and 103 airplanes on the U.S. registry.
the hydraulic quantity limiter with new 10, 2004, as the appropriate source of The following table provides the
or modified and reidentified fuses. service information for accomplishing estimated costs for U.S. operators to
the required replacement. Note (a) of comply with this AD.
ESTIMATED COSTS
Average labor Cost per
Action Work hours Parts
rate per hour airplane

Option 1. Replacement with new brake fuses ................................................... 9 $65 No Charge ... $585
Option 2. Replacement with modified and reidentified brake fuses .................. 13 65 No Charge ... 845

Authority for This Rulemaking responsibilities among the various PART 39—AIRWORTHINESS
Title 49 of the United States Code levels of government. DIRECTIVES
specifies the FAA’s authority to issue For the reasons discussed above, I
rules on aviation safety. Subtitle I, ■ 1. The authority citation for part 39
certify that this AD:
Section 106, describes the authority of continues to read as follows:
(1) Is not a ‘‘significant regulatory
the FAA Administrator. Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701.
action’’ under Executive Order 12866;
Aviation Programs, describes in more
(2) Is not a ‘‘significant rule’’ under § 39.13 [Amended]
detail the scope of the Agency’s
authority. DOT Regulatory Policies and Procedures ■ 2. The FAA amends § 39.13 by adding
We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and the following new airworthiness
the authority described in Subtitle VII, (3) Will not have a significant directive (AD):
Part A, Subpart III, Section 44701, economic impact, positive or negative, 2005–11–03 McDonnell Douglas:
‘‘General requirements.’’ Under that on a substantial number of small entities Amendment 39–14105. Docket No. FAA–
section, Congress charges the FAA with under the criteria of the Regulatory 2004–19987; Directorate Identifier 2004–
promoting safe flight of civil aircraft in Flexibility Act. NM–203–AD.
air commerce by prescribing regulations
for practices, methods, and procedures We prepared a regulatory evaluation Effective Date
the Administrator finds necessary for of the estimated costs to comply with (a) This AD becomes effective July 1, 2005.
safety in air commerce. This regulation this AD. See the ADDRESSES section for Affected ADs
is within the scope of that authority a location to examine the regulatory
(b) None.
because it addresses an unsafe condition evaluation.
that is likely to exist or develop on Applicability
List of Subjects in 14 CFR Part 39
products identified in this rulemaking (c) This AD applies to McDonnell Douglas
action. Air transportation, Aircraft, Aviation Model 717–200 airplanes, fuselage numbers
safety, Incorporation by reference, 5002 through 5134 inclusive; certificated in
Regulatory Findings any category.
Safety.
We have determined that this AD will Unsafe Condition
not have federalism implications under Adoption of the Amendment
(d) This AD was prompted by reports
Executive Order 13132. This AD will indicating that brake fuses of the hydraulic
not have a substantial direct effect on ■ Accordingly, under the authority quantity limiter of the main landing gear
the States, on the relationship between delegated to me by the Administrator, (MLG) have failed. We are issuing this AD to
the national government and the States, the FAA amends 14 CFR part 39 as prevent loss of both hydraulic and brake
or on the distribution of power and follows: systems if one fuse on each hydraulic system

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Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations 30617

were to fail simultaneously, and consequent Compliance Compliance Times


reduced controllability of the airplane. (e) You are responsible for having the (f) At the applicable time in Table 1 of this
actions required by this AD performed within AD, do the action required by paragraph (g)
the compliance times specified, unless the of this AD.
actions have already been done.

TABLE 1.—COMPLIANCE TIMES


For airplanes having— Compliance time

(1) Less than 5,000 total flight cycles as of the effective date of this AD Within 3,600 flight cycles after the effective date of this AD.
(2) 5,000 or more total flight cycles as of the effective date of this AD .. Within 1,500 flight cycles after the effective date of this AD.

Replacement (NARA). For information on the availability inspections of the repaired area and, if
(g) Replace the eight brake fuses of the of this material at the NARA, call (202) 741– necessary, corrective action. This AD is
hydraulic quantity limiter by doing either 6030, or go to http://www.archives.gov/ prompted by reports of loose tension
Option 1 or Option 2 in Table 2 of this AD federal_ register/code_of_ bolts and crack indications in the
in accordance with Boeing Alert Service federal_regulations/ibr_locations.html.
fuselage skin. We are issuing this AD to
Bulletin 717–32A0031, dated September 10, Issued in Renton, Washington, on May 16, find and fix fatigue cracking of the
2004. 2005. horizontal stabilizer pivot bulkhead and
Michael J. Kaszycki, adjacent structure, which could result in
TABLE 2.—REPLACEMENT Acting Manager, Transport Airplane loss of the horizontal stabilizer.
Directorate, Aircraft Certification Service. DATES: This AD becomes effective July
Replace eight fuses having part
Option— number (P/N) 7918282–5503 [FR Doc. 05–10428 Filed 5–26–05; 8:45 am] 1, 2005.
with— BILLING CODE 4910–13–P The incorporation by reference of
Boeing Alert Service Bulletin 767–
1 ............... New fuses having P/N 7918282– 53A0078, Revision 3, dated November
5505. DEPARTMENT OF TRANSPORTATION 15, 2001; and Boeing Alert Service
2 ............... Modified and reidentified fuses
having P/N 7918282–5505.
Bulletin 767–53A0078, Revision 4,
Federal Aviation Administration dated September 26, 2002, as listed in
the AD is approved by the Director of
Note 1: Boeing Alert Service Bulletin 717– 14 CFR Part 39
32A0031 refers to Parker Hannifin the Federal Register as of July 1, 2005.
Corporation Stratoflex Products Division [Docket No. FAA–2004–19753; Directorate On May 24, 2001 (66 FR 23538, May
Service Bulletin 836SD–8–6–20, Revision 1, Identifier 2002–NM–264–AD; Amendment 9, 2001), the Director of the Federal
dated June 23, 2004, as an additional source 39–14104; AD 2005–11–02] Register approved the incorporation by
of service information for modifying and reference of Boeing Service Bulletin
reidentifying the brake fuses. RIN 2120–AA64 767–53–0078, Revision 2, dated April
19, 2001.
Parts Installation Airworthiness Directives; Boeing
ADDRESSES: For service information
(h) As of the effective date of this AD, no Model 767–200, –300, and –300F Series
Airplanes identified in this AD, contact Boeing
person may install a brake fuse,
P/N 7918282–5503, on any airplane. Commercial Airplanes, P.O. Box 3707,
AGENCY: Federal Aviation Seattle, Washington 98124–2207.
Alternative Methods of Compliance Administration (FAA), Department of Docket: The AD docket contains the
(AMOCs) Transportation (DOT). proposed AD, comments, and any final
(i) The Manager, Los Angeles Aircraft ACTION: Final rule. disposition. You can examine the AD
Certification Office (ACO), FAA, has the docket on the Internet at http://
authority to approve AMOCs for this AD, if SUMMARY: The FAA is superseding an dms.dot.gov, or in person at the Docket
requested in accordance with the procedures Management Facility office between 9
existing airworthiness directive (AD),
found in 14 CFR 39.19.
which applies to certain Boeing Model a.m. and 5 p.m., Monday through
Material Incorporated by Reference 767–200, –300, and –300F series Friday, except Federal holidays. The
(j) You must use Boeing Alert Service airplanes. That AD currently requires Docket Management Facility office
Bulletin 717–32A0031, dated September 10, inspections for fatigue cracking of the (telephone (800) 647–5227) is located on
2004, to perform the actions that are required horizontal stabilizer pivot bulkhead, the plaza level of the Nassif Building at
by this AD, unless the AD specifies and repetitive inspections or other the U.S. Department of Transportation,
otherwise. The Director of the Federal follow-on actions. That action also 400 Seventh Street SW., room PL–401,
Register approves the incorporation by Washington, DC. This docket number is
reference of this document in accordance provides a permanent repair, which is
with 5 U.S.C. 552(a) and 1 CFR part 51. To optional for airplanes with no cracks, FAA–2004–19753; the directorate
get copies of the service information, contact and, if accomplished, ends the identifier for this docket is 2002–NM–
Boeing Commercial Airplanes, Long Beach repetitive inspections. For airplanes on 264–AD.
Division, 3855 Lakewood Boulevard, Long which the permanent repair is not FOR FURTHER INFORMATION CONTACT:
Beach, California 90846, Attention: Data and installed, this new AD requires Suzanne Masterson, Aerospace
Service Management, Dept. C1–L5A (D800– repetitive inspections of the same and Engineer, Airframe Branch, ANM–120S,
0024). To view the AD docket, go to the additional inspection locations at new FAA, Seattle Aircraft Certification
Docket Management Facility, U.S. Office, 1601 Lind Avenue, SW., Renton,
Department of Transportation, 400 Seventh
inspection intervals; a one-time torque
Street SW., room PL–401, Nassif Building, test; and related investigative and Washington 98055–4056; telephone
Washington, DC. To review copies of the corrective actions. For airplanes on (425) 917–6441; fax (425) 917–6590.
service information, go to the National which the permanent repair is installed, SUPPLEMENTARY INFORMATION: The FAA
Archives and Records Administration this new AD would require repetitive proposed to amend part 39 of the

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