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Federal Register / Vol. 71, No.

101 / Thursday, May 25, 2006 / Rules and Regulations 30053

records to identify the results of the from the records review specified in service information. You may review copies
inspection. paragraph (f) of this AD that corrosion did at the Docket Management Facility, U.S.
not extend into the boss bores, do a ‘‘flaps- Department of Transportation, 400 Seventh
Inspection: Airplanes Not Previously off’’ inspection. Street, SW., Room PL–401, Nassif Building,
Inspected (2) If the corrosion did not extend into the Washington, DC; on the Internet at http://
(g) For airplanes that were not inspected in boss bores, do a ‘‘flaps-on’’ inspection. dms.dot.gov; or at the National Archives and
accordance with AD 2002–03–07 before the Records Administration (NARA). For
effective date of this AD: Before the Corrective Actions
information on the availability of this
accumulation of 72 months since the date of (j) If any corrosion is found during any material at the NARA, call (202) 741–6030,
issuance of the original standard inspection required by this AD: Repair before or go to http://www.archives.gov/
airworthiness certificate or the date of further flight in accordance with the federal_register/code_of_federal_regulations/
issuance of the original export certificate of Accomplishment Instructions of BAE ibr_locations.html.
airworthiness, or within 24 months after the Systems (Operations) Limited Inspection
effective date of this AD, whichever occurs Service Bulletin ISB.57–066, Revision 2, Issued in Renton, Washington, on May 15,
later, do a general visual ‘‘flaps off’’ dated March 18, 2004, except as required by 2006.
inspection to detect corrosion of the of the paragraph (k) of this AD. Kevin M. Mullin,
flap structure and machined ribs, in Acting Manager, Transport Airplane
accordance with the Accomplishment Exceptions to Service Bulletin Specifications
Directorate, Aircraft Certification Service.
Instructions of BAE Systems (Operations) (k) If any corrosion is detected and BAE
[FR Doc. 06–4802 Filed 5–24–06; 8:45 am]
Limited Inspection Service Bulletin ISB.57– Systems (Operations) Limited Inspection
Service Bulletin ISB.57–066, Revision 2, BILLING CODE 4910–13–P
066, Revision 2, dated March 18, 2004. If no
corrosion is found: Before further flight, dated March 18, 2004, specifies to contact the
reprotect the rib boss bores and faces, in manufacturer for repair instructions: Repair
accordance with BAE Systems (Operations) before further flight, using a method DEPARTMENT OF TRANSPORTATION
Limited Inspection Service Bulletin ISB.57– approved by either the Manager,
066, Revision 2, dated March 18, 2004. International Branch, ANM–116, Transport Federal Aviation Administration
Note 1: For the purposes of this AD, a Airplane Directorate, FAA; or the Civil
general visual inspection is: ‘‘A visual Aviation Authority (or its delegated agent). 14 CFR Part 39
examination of an interior or exterior area, (l) Although the service bulletin referenced
in this AD specifies to submit certain [Docket No. FAA–2005–22321; Directorate
installation, or assembly to detect obvious
information to the manufacturer, this AD Identifier 2005–NM–123–AD; Amendment
damage, failure, or irregularity. This level of
does not include that requirement. 39–14610; AD 2006–11–06]
inspection is made from within touching
distance unless otherwise specified. A mirror Actions Accomplished According to RIN 2120–AA64
may be necessary to ensure visual access to Previous Issue of Service Bulletin
all surfaces in the inspection area. This level Airworthiness Directives; Boeing
(m) Actions done before the effective date
of inspection is made under normally Model 767–200 and –300 Series
of this AD in accordance with the
available lighting conditions such as Airplanes
Accomplishment Instructions of BAE
daylight, hangar lighting, flashlight, or
Systems (Operations) Limited Inspection
droplight and may require removal or AGENCY: Federal Aviation
Service Bulletin ISB.57–066, dated May 15,
opening of access panels or doors. Stands, Administration (FAA), Department of
2001; or Revision 1, dated September 20,
ladders, or platforms may be required to gain Transportation (DOT).
2002, are acceptable for compliance with the
proximity to the area being checked.’’
corresponding requirements of paragraphs ACTION: Final rule.
Follow-On Actions: No Corrosion Found (g), (h), (i), and (j) of this AD.
SUMMARY: The FAA is adopting a new
(h) If it is positively determined from the Alternative Methods of Compliance
(AMOCs) airworthiness directive (AD) for certain
records review required by paragraph (f) of
this AD that no corrosion was found during Boeing Model 767–200 and –300 series
(n)(1) The Manager, International Branch,
the initial inspection, or if no corrosion was ANM–116, Transport Airplane Directorate,
airplanes. This AD requires replacing
found during the initial inspection required FAA, has the authority to approve AMOCs the placards on certain stowage bins
by paragraph (g) of this AD: No further work for this AD, if requested in accordance with with new placards, installing partial
is required by this AD. the procedures found in 14 CFR 39.19. dividers in certain other stowage bins,
Follow-On Actions: Corrosion Found (2) Before using any AMOC approved in and installing straps on stowage bins
accordance with § 39.19 on any airplane to containing life rafts. For certain
(i) If it is determined during the records which the AMOC applies, notify the airplanes, this AD also requires related
review required by paragraph (f) of this AD appropriate principal inspector in the FAA
that any corrosion was found during the concurrent actions. This AD results
Flight Standards Certificate Holding District
initial inspection, or if it cannot be positively from test data indicating that outboard
Office.
determined from the records review required overhead stowage bins are unable to
by paragraph (f) of this AD that no corrosion Related Information withstand the 4.5g down-load standard
was found during the initial inspection, or if (o) British airworthiness directive G–2005– intended to protect passengers during
any corrosion was found during the initial 0018, dated July 20, 2005, also addresses the flight turbulence or a hard landing. We
inspection required by paragraph (g) of this subject of this AD. are issuing this AD to prevent the
AD: Within 36 months after the initial stowage bins from opening during flight
inspection or 24 months after the effective Material Incorporated by Reference
turbulence or a hard landing, which
date of this AD, whichever occurs later, but (p) You must use BAE Systems
not sooner than 24 months after the initial (Operations) Limited Inspection Service could result in the contents of the
inspection, perform a general visual Bulletin ISB.57–066, Revision 2, dated March stowage bins falling onto the passenger
inspection of the flap structure and machined 18, 2004, to perform the actions that are seats below and injuring passengers, or
ribs to detect corrosion, as specified in required by this AD, unless the AD specifies blocking the aisles, impeding the
paragraph (i)(1) or (i)(2), as applicable, in otherwise. The Director of the Federal evacuation of passengers in an
accordance with the Accomplishment Register approved the incorporation by emergency.
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Instructions of BAE Systems (Operations) reference of this document in accordance


Limited Inspection Service Bulletin ISB.57– with 5 U.S.C. 552(a) and 1 CFR part 51. DATES: This AD becomes effective June
066, Revision 2, dated March 18, 2004. Contact British Aerospace Regional Aircraft 29, 2006.
(1) If the corrosion extended into the boss American Support, 13850 Mclearen Road, The Director of the Federal Register
bores, or if it cannot be positively determined Herndon, Virginia 20171, for a copy of this approved the incorporation by reference

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30054 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

of certain publications listed in the AD 72 months. Delta states that this will We have not changed the AD in this
as of June 29, 2006. allow operators to spread out the costs regard.
ADDRESSES: You may examine the AD over a longer period of time without any
Request for Justification of NPRM
docket on the Internet at http:// demonstrable decrease in safety to the
dms.dot.gov or in person at the Docket fleet. One commenter, Delta, suggests that
Management Facility, U.S. Department We agree with this request. We have we review our decision to issue an AD
of Transportation, 400 Seventh Street, determined that an additional 12 to mandate the modifications described
SW., Nassif Building, room PL–401, months for compliance will not in the referenced service information.
significantly affect overall fleet safety. Delta states that the cost would be
Washington, DC.
Therefore, we have revised paragraph (f) excessive in an airplane that is
Contact Boeing Commercial
of the AD to extend the compliance time approaching its maximum age. Delta
Airplanes, P.O. Box 3707, Seattle,
to 72 months. asks if we or Boeing have researched
Washington 98124–2207, for service
fleet data for past incidents as described
information identified in this AD. Request To Give Credit for Using in the NPRM. Delta further asks if such
FOR FURTHER INFORMATION CONTACT: Original Issue of Service Information an incident is probable and if the
Patrick Gillespie, Aerospace Engineer, probability is high enough to
Cabin Safety and Environmental ATA, on behalf of its member, Delta,
requests that we revise the NPRM to substantiate that this is a true safety
Systems Branch, ANM–150S, FAA, concern that justifies the costs to correct
Seattle Aircraft Certification Office, give credit for actions accomplished
using the original issue of Boeing it.
1601 Lind Avenue, SW., Renton, Though Delta did not specifically
Washington 98055–4056; telephone Service Bulletin 767–25–0211, dated
request us to do so, we infer that Delta
(425) 917–6429; fax (425) 917–6590. August 12, 1993. Delta states that
is requesting us to withdraw this
Revision 1 of Service Bulletin 767–25–
SUPPLEMENTARY INFORMATION: proposed AD. We do not agree. This AD
0211, dated July 14, 1994 (referred to as
corrects an unsafe condition related to
Examining the Docket the appropriate source of service
a stowage bin design that is significantly
You may examine the airworthiness information for accomplishing the under strength. We have performed an
directive (AD) docket on the Internet at actions required by paragraph (g) of this analysis that indicates that several
http://dms.dot.gov or in person at the AD), requires no new work in certain serious injuries may occur during the
Docket Management Facility office areas. remaining service life of the affected
between 9 a.m. and 5 p.m., Monday We agree with this request for the fleet if this condition is not corrected.
through Friday, except Federal holidays. reason given. Therefore, we have Further, Boeing has reported seven
The Docket Management Facility office revised paragraph (h) of the AD to events of inadvertent opening of these
(telephone (800) 647–5227) is located on include a statement that actions stowage bins. Therefore, we have
the plaza level of the Nassif Building at accomplished before the effective date determined that this AD is both
the street address stated in the of this AD in accordance with Service warranted and necessary. We have made
ADDRESSES section. Bulletin 767–25–0211, dated August 12, no changes to the AD in this regard;
1993, are acceptable for compliance however, we have provided some relief
Discussion with the corresponding actions of this to operators by extending the
The FAA issued a notice of proposed AD. compliance time as previously
rulemaking (NPRM) to amend 14 CFR Request To Eliminate Need To Account discussed.
part 39 to include an AD that would for Bins Not Installed
apply to certain Boeing Model 767–200 Recommendation To Revise
and –300 series airplanes. That NPRM ATA, on behalf of its member, Delta, Accomplishment Instructions
was published in the Federal Register requests that we revise the NPRM to The Air Transport Association (ATA),
on September 7, 2005 (70 FR 53106). exclude the need to account for bins on behalf of its member, American
That NPRM proposed to require that have been removed from the Airlines (AAL), recommends that the
replacing the placards on certain airplane. Delta states that Boeing manufacturer revise the
stowage bins with new placards, Service Bulletins 767–25–0336 and Accomplishment Instructions of the
installing partial dividers in certain 767–25–0211 both identify specific bin service information referenced in the
other stowage bins, and installing straps modules which must be modified. Delta NPRM to allow operators to meet the
on stowage bins containing life rafts. For asserts that the NPRM, as written, will intent of the NPRM without using
certain airplanes, that NPRM also require certain bins to be modified even partial dividers in the stowage
proposed to require related concurrent if those bins have been removed in compartments. AAL states that the
actions; including replacing door accordance with an alternative method change as described is costly and time
latches, strikes, and thresholds on the of compliance (AMOC), and that consuming because it creates two
outboard overhead stowage another AMOC will be required to different configurations of outboard
compartments with new, improved release operators from this unnecessary stowage bins in the 767 fleet, the cost of
latches, strikes, and thresholds. compliance. repair of the partial dividers is not
We do not agree with this request. We accounted for, and use of partial
Comments find that an AMOC for the requirements dividers will impact stowage space.
We provided the public the of paragraphs (f) and (g) of this AD is We do not agree. We have determined
opportunity to participate in the not necessary if a stowage bin has been that accomplishing the modifications
development of this AD. We have removed. The requirements of described in the referenced service
considered the comments received. paragraphs (f) and (g) apply only to information adequately addresses the
stowage bins identified in the unsafe condition. In addition, we do not
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Request To Extend Compliance Time referenced service bulletin. However, consider it appropriate to include
ATA, on behalf of its member, Delta stowage bins that have been removed various provisions in an AD applicable
Airlines (Delta), requests that we extend from airplanes are still subject to the to a single operator’s unique use of an
the compliance time from 60 months to requirements of paragraph (i) of this AD. affected airplane. However, under the

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations 30055

provisions of paragraph (j) of the AD, we free of charge while the operators cover Conclusion
may consider requests for approval of an the cost of labor. We have carefully reviewed the
AMOC if sufficient data that are As no change was requested, we have available data, including the comments
submitted to substantiate that such a not revised the AD in this regard. received, and determined that air safety
design change would provide an Further, as material and parts costs are and the public interest require adopting
acceptable level of safety. the AD with the changes described
determined by manufacturers, Avianca
Request To Provide Warranty Coverage Airlines may wish to contact Boeing to previously. We have determined that
for Material Costs discuss this recommendation. these changes will neither increase the
economic burden on any operator nor
Avianca Airlines states that the Clarification of Alternative Method of increase the scope of the AD.
materials cost for this modification is Compliance (AMOC) Paragraph
very expensive. Avianca Airlines further Costs of Compliance
states that the materials kit for this We have revised this action to clarify There are about 366 airplanes of the
modification was provided free of the appropriate procedure for notifying affected design in the worldwide fleet
charge by Boeing until 1994. Avianca the principal inspector before using any and 138 airplanes of U.S. registry. The
Airlines made no request to revise the approved AMOC on any airplane to following tables provide the estimated
NPRM, but recommends that Boeing which the AMOC applies. costs for U.S. operators to comply with
continue to provide the materials kit this AD.

ESTIMATED COSTS
Average Number of
Cost of parts kit per
Action Work hours per kit labor rate Cost per airplane U.S.-registered Fleet cost
airplane
per hour airplanes

Installation of plac- Between 46 and 74 $65 Between $26,700 Between $29,690 138 Between
ards, dividers, and $44,196. and $49,006. $4,097,220 and
and straps. $6,762,828.

ESTIMATED COSTS OF CONCURRENT SERVICE BULLETIN


Average Number of
Action Work hours labor rate Parts Cost per airplane U.S.-registered Fleet cost
per hour airplanes

Installation of new Between 24 and 31 $65 Between $7,000 Between $8,560 105 Between $898,800
door latches, and $70,000. and $72,015. and $7,561,575.
strikes, and
thresholds.

Authority for This Rulemaking Executive Order 13132. This AD will Adoption of the Amendment
Title 49 of the United States Code not have a substantial direct effect on
the States, on the relationship between ■ Accordingly, under the authority
specifies the FAA’s authority to issue
the national government and the States, delegated to me by the Administrator,
rules on aviation safety. Subtitle I,
or on the distribution of power and the FAA amends 14 CFR part 39 as
section 106, describes the authority of
responsibilities among the various follows:
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more levels of government.
For the reasons discussed above, I PART 39—AIRWORTHINESS
detail the scope of the Agency’s DIRECTIVES
certify that this AD:
authority. (1) Is not a ‘‘significant regulatory
We are issuing this rulemaking under action’’ under Executive Order 12866; ■ 1. The authority citation for part 39
the authority described in subtitle VII, (2) Is not a ‘‘significant rule’’ under continues to read as follows:
part A, subpart III, section 44701, DOT Regulatory Policies and Procedures Authority: 49 U.S.C. 106(g), 40113, 44701.
‘‘General requirements.’’ Under that (44 FR 11034, February 26, 1979); and
section, Congress charges the FAA with (3) Will not have a significant § 39.13 [Amended]
promoting safe flight of civil aircraft in economic impact, positive or negative,
air commerce by prescribing regulations ■ 2. The Federal Aviation
on a substantial number of small entities
for practices, methods, and procedures Administration (FAA) amends § 39.13
under the criteria of the Regulatory
the Administrator finds necessary for by adding the following new
Flexibility Act.
safety in air commerce. This regulation We prepared a regulatory evaluation airworthiness directive (AD):
is within the scope of that authority of the estimated costs to comply with 2006–11–06 Boeing: Amendment 39–14610.
because it addresses an unsafe condition this AD and placed it in the AD docket. Docket No. FAA–2005–22321;
that is likely to exist or develop on See the ADDRESSES section for a location Directorate Identifier 2005–NM–123–AD.
products identified in this rulemaking to examine the regulatory evaluation. Effective Date
action.
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List of Subjects in 14 CFR Part 39 (a) This AD becomes effective June 29,
Regulatory Findings 2006.
Air transportation, Aircraft, Aviation
We have determined that this AD will safety, Incorporation by reference, Affected ADs
not have federalism implications under Safety. (b) None.

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30056 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

Applicability modified by performing the applicable event of a grid disturbance, a


(c) This AD applies to Boeing Model 767– actions in paragraph (f) of this AD. Transmission Provider may
200 and –300 series airplanes, certificated in Alternative Methods of Compliance communicate to an affiliated nuclear
any category; as identified in Boeing Special (AMOCs) power plant specific information about
Attention Service Bulletin 767–25–0336, transmission system conditions on a
(j)(1) The Manager, Seattle Aircraft
Revision 2, dated August 11, 2005. real-time basis.
Certification Office, FAA, has the authority to
Unsafe Condition approve AMOCs for this AD, if requested in DATES: Effective Date: The Order on
accordance with the procedures found in 14 Request for Additional Clarification will
(d) This AD results from test data
CFR 39.19. become effective May 25, 2006.
indicating that outboard overhead stowage
(2) Before using any AMOC approved in
bins are unable to withstand the 4.5g down- FOR FURTHER INFORMATION CONTACT:
accordance with 14 CFR 39.19 on any
load standard intended to protect passengers
airplane to which the AMOC applies, notify Mary Kipp, Office of Enforcement,
during flight turbulence or a hard landing. the appropriate principal inspector in the Federal Energy Regulatory Commission,
We are issuing this AD to prevent the FAA Flight Standards Certificate Holding 888 First Street, NE., Washington, DC
stowage bins from opening during flight District Office. 20426. (202) 502–8228.
turbulence or a hard landing, which could
Material Incorporated by Reference
mary.kipp@ferc.gov.
result in the contents of the stowage bins
falling onto the passenger seats below and (k) You must use Boeing Special Attention SUPPLEMENTARY INFORMATION:
injuring passengers, or blocking the aisles, Service Bulletin 767–25–0336, Revision 2, Before Commissioners: Joseph T. Kelliher,
impeding the evacuation of passengers in an dated August 11, 2005; and Boeing Service Chairman; Nora Mead Brownell, and
emergency. Bulletin 767–25–0211, Revision 1, dated July Suedeen G. Kelly.
Compliance 14, 1994; as applicable; to perform the Order on Request for Additional
actions that are required by this AD, unless Clarification
(e) You are responsible for having the the AD specifies otherwise. The Director of
actions required by this AD performed within the Federal Register approved the 1. In this order, the Commission
the compliance times specified, unless the incorporation by reference of these addresses the request seeking
actions have already been done. documents in accordance with 5 U.S.C. clarification of the Commission’s
Replacement of Placards and Installation of 552(a) and 1 CFR part 51. Contact Boeing February 16, 2006 ‘‘Interpretive Order
Partial Divider Panels and Life Raft Straps Commercial Airplanes, P.O. Box 3707, Relating to the Standards of Conduct’’
Seattle, Washington 98124–2207, for a copy (Interpretive Order).1 The Interpretive
(f) Within 72 months after the effective of this service information. You may review
date of this AD: Replace the placards on Order clarified that, subject to the no-
copies at the Docket Management Facility,
certain stowage bins with new placards, U.S. Department of Transportation, 400 conduit rule, Transmission Providers
install partial dividers in certain other Seventh Street, SW., room PL–401, Nassif may communicate with affiliated
stowage bins, and install straps on stowage Building, Washington, DC; on the Internet at nuclear power plants regarding certain
bins containing life rafts, in accordance with http://dms.dot.gov; or at the National matters related to the safety and
the Accomplishment Instructions of Boeing Archives and Records Administration reliability of the transmission system, in
Special Attention Service Bulletin 767–25– (NARA). For information on the availability order to comply with requirements of
0336, Revision 2, dated August 11, 2005. of this material at the NARA, call (202) 741– the Nuclear Regulatory Commission
Actions Required To Be Accomplished Prior 6030, or go to (NRC). For the reasons discussed herein,
to or Concurrently With Paragraph (f) of http://www.archives.gov/federal_register/ we grant the request for additional
This AD code_of_federal_regulations/
clarification.
ibr_locations.html.
(g) For Group 1 airplanes as identified in 2. On March 20, 2006, Exelon
Boeing Special Attention Service Bulletin Issued in Renton, Washington, on May 9, Corporation (‘‘Exelon’’) filed comments
767–25–0336, Revision 2, dated August 11, 2006. and a request for clarification of the
2005: Prior to or concurrently with the Ali Bahrami, Interpretive Order. Specifically, Exelon
accomplishment of paragraph (f) of this AD, Manager, Transport Airplane Directorate, requests that the Commission clarify
replace the door latches, strikes, and Aircraft Certification Service.
thresholds on the outboard overhead stowage that a Transmission Provider can
compartments with new latches, strikes, and [FR Doc. 06–4803 Filed 5–24–06; 8:45 am] provide its affiliated nuclear power
thresholds. Do the replacement in accordance BILLING CODE 4910–13–P plants (‘‘NPPs’’) with specific
with the Accomplishment Instructions of information concerning the location and
Boeing Service Bulletin 767–25–0211, nature of grid disturbances that
Revision 1, dated July 14, 1994. DEPARTMENT OF ENERGY potentially threaten the grid’s ability to
Actions Accomplished Previously provide power to a plant’s safety
Federal Energy Regulatory systems. On March 21, 2006, the
(h) Accomplishment of the stowage bin
modifications required by paragraph (f) of
Commission Nuclear Energy Institute (‘‘NEI’’) filed
this AD in accordance with Boeing Special comments in support of Exelon’s
Attention Service Bulletin 767–25–0336, 18 CFR Part 358 position. In this order, the Commission
dated May 15, 2003; or Revision 1, dated [Docket No. RM01–10–005] clarifies that, in the event of a grid
October 21, 2004; and paragraph (g) of this disturbance, a Transmission Provider
AD in accordance with Boeing Service Standards of Conduct for may communicate to an affiliated NPP
Bulletin 767–25–0211, dated August 12, specific information about transmission
Transmission Providers
1993; before the effective date of this AD; is system conditions on a real-time basis,
considered acceptable for compliance with Issued May 18, 2006. including: (i) A technical description of
the corresponding requirements of this AD. AGENCY: Federal Energy Regulatory the grid disturbance, along with its
Parts Installation Commission; DOE. specific location on the system; (ii) the
(i) As of the effective date of this AD, no ACTION: Order on Request for Additional grid elements, whether lines,
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person may install on any airplane a stowage Clarification. substations, or other elements, that may
bin having a part number identified in Table
2 of Figure 1 of Boeing Special Attention SUMMARY: The Federal Energy 1 Interpretive Order Relating to the Standards of
Service Bulletin 767–25–0336, Revision 2, Regulatory Commission (Commission) is Conduct, 71 FR 9446 (Feb. 24, 2006), FERC Stats.
dated August 11, 2005, unless it has been issuing this Order to clarify that, in the & Regs. ¶ 31,206 (2006).

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