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1718 Federal Register / Vol. 71, No.

7 / Wednesday, January 11, 2006 / Proposed Rules

it will require stockholders to be DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on


borrowers. the plaza level of the Nassif Building,
Federal Aviation Administration 400 Seventh Street, SW., Washington,
(2) A description of the current book
and par value per share of each class of DC, between 9 a.m. and 5 p.m., Monday
14 CFR Part 39 through Friday, except Federal holidays.
equities, and the expected book and Contact Boeing Commercial
market value of the stockholder’s [Docket No. FAA–2005–23441; Directorate
Identifier 2005–NM–199–AD] Airplanes, P.O. Box 3707, Seattle,
interest in the successor institution. Washington 98124–2207, for service
(3) A statement that a stockholder RIN 2120–AA64 information identified in this proposed
must return the enclosed form to you AD.
within 30 days if the stockholder Airworthiness Directives; Boeing
FOR FURTHER INFORMATION CONTACT: Ivan
Model 747–100, 747–100B, 747–100B
chooses to exercise dissenters’ rights. Li, Aerospace Engineer, Airframe
SUD, 747–200B, 747–200C, 747–200F,
(h) Notice to subsequent equity Branch, ANM–120S, FAA, Seattle
747–300, 747SR, and 747SP Series
holders. Equity holders that acquire Aircraft Certification Office, 1601 Lind
Airplanes Avenue, SW., Renton, Washington
their equities after the termination vote
AGENCY: Federal Aviation 98055–4056; telephone (425) 917–6437;
must also receive the notice described
Administration (FAA), Department of fax (425) 917–6590.
in paragraph (g) of this section. You
Transportation (DOT). SUPPLEMENTARY INFORMATION:
must give them at least 5 business days
to decide whether to request retirement ACTION: Notice of proposed rulemaking Comments Invited
of their stock. (NPRM).
We invite you to submit any relevant
(i) Reconsideration. If a SUMMARY: The FAA proposes to written data, views, or arguments
reconsideration vote is held and the supersede an existing airworthiness regarding this proposed AD. Send your
termination is disapproved, the right of directive (AD) that applies to certain comments to an address listed in the
stockholders to exercise dissenters’ Boeing Model 747–100, 747–100B, 747– ADDRESSES section. Include the docket
rights is rescinded. If a reconsideration 100B SUD, 747–200B, 747–200C, 747– number ‘‘Docket No. FAA–2005–23441;
vote is held and the termination is 200F, 747–300, 747SR, and 747SP series Directorate Identifier 2005–NM–199–
approved, you must retire the equities of airplanes. The existing AD currently AD’’ at the beginning of your comments.
dissenting stockholders as if there had requires repetitive detailed and We specifically invite comments on the
ultrasonic inspections of the thrust links overall regulatory, economic,
been no reconsideration vote.
of the rear engine mounts for any crack environmental, and energy aspects of
§ 611.1285 Loan refinancing by borrowers. or fracture and corrective actions if the proposed AD. We will consider all
necessary. This proposed AD would comments received by the closing date
(a) Disclosure of credit and loan and may amend the proposed AD in
require repetitive replacement of the
information. At the request of a light of those comments.
thrust links with new or overhauled
borrower seeking refinancing with thrust links, which ends the repetitive We will post all comments we
another System institution before you detailed and ultrasonic inspections. receive, without change, to http://
terminate, you must give credit and loan This proposed AD results from the dms.dot.gov, including any personal
information about the borrower to such finding of fractured and cracked forward information you provide. We will also
institution. lugs of the rear engine mount thrust link post a report summarizing each
(b) No reassignment of territory. If, at on the number one strut on two substantive verbal contact with FAA
airplanes. We are proposing this AD to personnel concerning this proposed AD.
the termination date, we have not
prevent cracked or fractured thrust links Using the search function of that Web
assigned your territory to another
that could lead to the loss of the load site, anyone can find and read the
System institution, any System comments in any of our dockets,
institution may lend in your territory, to path for the rear engine mount bulkhead
and damage to other primary engine including the name of the individual
the extent otherwise permitted by the who sent the comment (or signed the
Act and the regulations in this chapter. mount structure, which could result in
the in-flight separation of the engine comment on behalf of an association,
§ 611.1290 Continuation of borrower from the airplane and consequent loss of business, labor union, etc.). You may
rights. review the DOT’s complete Privacy Act
control of the airplane.
Statement in the Federal Register
You may not require a waiver of DATES: We must receive comments on published on April 11, 2000 (65 FR
contractual borrower rights provisions this proposed AD by February 27, 2006. 19477–78), or can visit http://
as a condition of borrowing from and ADDRESSES: Use one of the following dms.dot.gov.
owning equity in the successor addresses to submit comments on this
proposed AD. Examining the Docket
institution. Institutions that become
other financing institutions on • DOT Docket Web site: Go to You may examine the AD docket on
termination must comply with the http://dms.dot.gov and follow the the Internet at http://dms.dot.gov, or in
applicable borrower rights provisions in instructions for sending your comments person at the Docket Management
electronically. Facility office between 9 a.m. and 5
the Act and part 617 of this chapter.
• Government-wide rulemaking Web p.m., Monday through Friday, except
Dated: January 6, 2006. site: Go to http://www.regulations.gov Federal holidays. The Docket
Roland E. Smith, and follow the instructions for sending Management Facility office (telephone
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Secretary, Farm Credit Administration Board. your comments electronically. (800) 647–5227) is located on the plaza
[FR Doc. 06–240 Filed 1–10–06; 8:45 am] • Mail: Docket Management Facility; level of the Nassif Building at the DOT
U.S. Department of Transportation, 400 street address stated in the ADDRESSES
BILLING CODE 6705–01–P
Seventh Street, SW., Nassif Building, section. Comments will be available in
room PL–401, Washington, DC 20590. the AD docket shortly after the Docket
• Fax: (202) 493–2251. Management System receives them.

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Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Proposed Rules 1719

Discussion a thrust link by omitting the step for As discussed previously, repetitive
On September 6, 2005, we issued AD removing the engine to gain access to replacement of the thrust links as
2005–19–06, amendment 39–14271 (70 the thrust link. Part 2 of the required by AD 2005–19–06 is
FR 54474, September 15, 2005), for accomplishment instructions of Boeing considered an optional action because
certain Boeing Model 747–100, 747– Alert Service Bulletin 747–71A2309, the planned compliance time for that
100B, 747–100B SUD, 747–200B, 747– dated August 18, 2005, specifies action was sufficiently long enough to
200C, 747–200F, 747–300, 747SR, and removal of the engine. The commenter allow the public time to comment. This
747SP series airplanes. (A correction to states, however, that there is no load on NPRM, however, would require the
AD 2005–19–06 was published in the the thrust link at static condition, so the repetitive replacement of thrust links
Federal Register on September 30, 2005 engine does not need to be removed. having P/N 65B90360–7 in agreement
(70 FR 57124).) That AD requires Instead, only the engine exhaust sleeve
with the service bulletin. Also, we point
repetitive detailed and ultrasonic needs to be removed to replace the
thrust link. The commenter also states out that AD 2005–19–06 does require
inspections of the thrust links of the rear the repetitive replacement of P/N
engine mounts for any crack or fracture that, in Boeing message No. 1–
385158991–9, dated September 16, 65B90360–7. Although that action is
and corrective actions if necessary. That conditional in AD 2005–19–06,
AD resulted from the finding of a 2005, the manufacturer agreed that
removing the sleeve would be an depending on whether P/N 65B90360–
fractured forward lug of the rear engine
appropriate alternative procedure for 7 was installed while accomplishing the
mount thrust link on the number one
replacing the thrust link. On October 26, corrective action as applicable or the
strut. We issued that AD to detect and
correct cracked or fractured thrust links 2005, the commenter submitted this optional terminating action, as specified
that could lead to the loss of the load request for approval as an AMOC. in paragraphs (h)(1)(ii) and (j)(2) of AD
path for the rear engine mount bulkhead We agree, since we have found the 2005–19–06, respectively.
and damage to other primary engine commenter’s request for an AMOC to be
acceptable. We have approved removing Clarification of AMOC Paragraph
mount structure, which could result in
the in-flight separation of the engine the side cowls, as an alternative to We have revised this action to clarify
from the airplane and consequent loss of opening the side cowls as required by
the appropriate procedure for notifying
control of the airplane. paragraph (g) of AD 2005–19–06. We
the principal inspector before using any
have also approved removal of the
Actions Since Existing AD Was Issued turbine exhaust sleeve, as an alternative approved AMOC on any airplane to
to removing the engine as required by which the AMOC applies.
In the preamble to AD 2005–19–06,
we indicated that the actions required paragraph (j) of AD 2005–19–06 FAA’s Determination and Requirements
by that AD were considered ‘‘interim (corresponding to paragraph (k) of this of the Proposed AD
action.’’ We also indicated that we were NPRM) provided that the engine is
considering further rulemaking action to supported. We have included a We have evaluated all pertinent
require repetitive replacement of the provision in paragraph (l)(5) of this information and identified an unsafe
thrust link with a new or overhauled NPRM to account for the commenter’s condition that is likely to develop on
thrust link. (The repetitive replacements AMOC. Under the provisions of other airplanes of the same type design.
are included as an optional terminating paragraph (l) of this NPRM, we may For this reason, we are proposing this
action in AD 2005–19–06.) However, the consider other requests for approval of AD, which would supersede AD 2005–
planned compliance time for that action an alternative method of compliance if 19–06. This proposed AD would
was sufficiently long so that it was sufficient data are submitted to continue to require repetitive detailed
practicable to allow notice and substantiate that such a method would and ultrasonic inspections of the thrust
opportunity for prior public comment. provide an acceptable level of safety.
links of the rear engine mounts for any
We have now determined that further Request To Clarify Inspection crack or fracture and corrective actions
rulemaking making action is indeed Requirements if necessary. This proposed AD would
necessary, and this NPRM follows from also require repetitive replacement of
that determination. We point out that One commenter requests that we
clarify the required actions of AD 2005– the thrust links with new or overhauled
this NPRM would require the repetitive
19–06 for thrust links having part thrust links, which would end the
replacements within a certain
number (P/N) 65B90360–7. The repetitive inspections.
compliance time, regardless of any
inspection results. commenter states that Boeing Alert
Costs of Compliance
Service Bulletin 747–71A2309 requires
Comments repetitive replacement of those thrust There are about 274 airplanes of the
We have considered the following links, but that the repetitive affected design in the worldwide fleet.
comments to AD 2005–19–06. replacement is identified as an optional The following table provides the
action in AD 2005–19–06. The estimated costs, at an average labor rate
Request To Use an Alternative Method commenter would like to know if this
of Compliance (AMOC) of $65 per hour, for U.S. operators to
means that there is no mandatory
comply with this proposed AD.
One commenter states that it can requirement for thrust links having P/N
reduce the work required for replacing 65B90360–7.
ESTIMATED COSTS
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Number of
Action Work hours Parts Cost per airplane U.S.-registered Fleet cost
airplanes

Inspection (required by AD 8 (2 per engine) ................ None ...... $520, per inspection cycle 100 $52,000, per inspection
2005–19–06). cycle.

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1720 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Proposed Rules

ESTIMATED COSTS—Continued
Number of
Action Work hours Parts Cost per airplane U.S.-registered Fleet cost
airplanes

Replacement (new pro- 4 (1 per engine) ................ $41,424 .. $41,684, per replacement 100 $4,168,400, per replace-
posed action). cycle. ment cycle.

Authority for This Rulemaking The Proposed Amendment Compliance


Title 49 of the United States Code Accordingly, under the authority (e) You are responsible for having the
specifies the FAA’s authority to issue delegated to me by the Administrator, actions required by this AD performed
rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part within the compliance times specified,
section 106, describes the authority of 39 as follows: unless the actions have already been
the FAA Administrator. Subtitle VII, done.
Aviation Programs, describes in more PART 39—AIRWORTHINESS
Restatement of Requirements of AD
detail the scope of the Agency’s DIRECTIVES
2005–19–06
authority.
1. The authority citation for part 39 Service Bulletin References
We are issuing this rulemaking under
continues to read as follows:
the authority described in subtitle VII, (f) The term ‘‘service bulletin,’’ as
part A, subpart III, section 44701, Authority: 49 U.S.C. 106(g), 40113, 44701. used in this AD, means the
‘‘General requirements.’’ Under that § 39.13 [Amended] Accomplishment Instructions of Boeing
section, Congress charges the FAA with Alert Service Bulletin 747–71A2309,
promoting safe flight of civil aircraft in 2. The Federal Aviation dated August 18, 2005.
air commerce by prescribing regulations Administration (FAA) amends § 39.13
by removing amendment 39–14271 (70 Repetitive Inspections of Thrust Links
for practices, methods, and procedures
the Administrator finds necessary for FR 54474, September 15, 2005), (g) Within 90 days after September 30,
safety in air commerce. This regulation corrected at 70 FR 57124, September 30, 2005 (the effective date of AD 2005–19–
is within the scope of that authority 2005, and by adding the following new 06), do a detailed inspection and
because it addresses an unsafe condition airworthiness directive (AD): ultrasonic inspection of thrust link lugs
that is likely to exist or develop on Boeing: Docket No. FAA–2005–23441; having part number (P/N) 65B90360–1
products identified in this rulemaking Directorate Identifier 2005–NM–199–AD. or –4 of the rear engine mount of struts
action. 1, 2, 3, and 4 for any crack or fracture,
Comments Due Date in accordance with part 1 of the service
Regulatory Findings bulletin. If the thrust link is not found
(a) The FAA must receive comments
We have determined that this cracked or fractured: Repeat the
on this AD action by February 27, 2006.
proposed AD would not have federalism inspections thereafter at intervals not to
implications under Executive Order Affected ADs exceed 1,200 flight cycles or 18 months,
13132. This proposed AD would not whichever is first, until the repetitive
(b) This AD supersedes AD 2005–19–
have a substantial direct effect on the replacement or overhaul of the thrust
06. link required by paragraph (k) of this
States, on the relationship between the
national Government and the States, or Applicability AD is accomplished. Accomplishing the
on the distribution of power and repetitive replacement or overhaul of a
(c) This AD applies to Boeing Model thrust link as specified in paragraph (h)
responsibilities among the various 747–100, 747–100B, 747–100B SUD,
levels of government. or (k) of this AD terminates the
747–200B, 747–200C, 747–200F, 747– repetitive inspections for that thrust link
For the reasons discussed above, I 300, 747SR, and 747SP series airplanes,
certify that the proposed regulation: only.
certificated in any category; equipped
1. Is not a ‘‘significant regulatory with Pratt & Whitney JT9D–3 and –7 Corrective Actions
action’’ under Executive Order 12866; series engines, except JT9D–70 engines; (h) If a cracked thrust link is found
2. Is not a ‘‘significant rule’’ under the as identified in Boeing Alert Service during any inspection required by
DOT Regulatory Policies and Procedures Bulletin 747–71A2309, dated August 18, paragraph (g) of this AD or during any
(44 FR 11034, February 26, 1979); and 2005. replacement or overhaul done in
3. Will not have a significant accordance with the service bulletin:
Unsafe Condition
economic impact, positive or negative, Before further flight, do the actions
on a substantial number of small entities (d) This AD results from the finding specified in paragraph (h)(1) of this AD.
under the criteria of the Regulatory of fractured and cracked forward lugs of If a fractured thrust link is found during
Flexibility Act. the rear engine mount thrust link on the any inspection required by paragraph (g)
We prepared a regulatory evaluation number one strut on two airplanes. We of this AD or during any replacement or
of the estimated costs to comply with are issuing this AD to prevent cracked overhaul done in accordance with the
this proposed AD and placed it in the or fractured thrust links that could lead service bulletin: Before further flight, do
AD docket. See the ADDRESSES section to the loss of the load path for the rear the actions specified in paragraphs
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for a location to examine the regulatory engine mount bulkhead and damage to (h)(1) and (h)(2) of this AD.
evaluation. other primary engine mount structure, (1) Replace the thrust link with a new
which could result in the in-flight or overhauled thrust link in accordance
List of Subjects in 14 CFR Part 39 separation of the engine from the with part 2 of the service bulletin;
Air transportation, Aircraft, Aviation airplane and consequent loss of control except as provided by paragraph (i) of
safety, Safety. of the airplane. this AD. Repeat the replacement at the

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Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Proposed Rules 1721

applicable compliance time specified in Credit for Certain Corrective Actions service bulletin; except as provided by
paragraph (h)(1)(i) or (h)(1)(ii) of this (j) Reworking the lugs on the paragraph (i) of this AD. During any
AD. bulkhead fitting of the rear engine replacement required by this paragraph,
(i) For replacement with a thrust link mount as specified in paragraphs (b)(2), an existing thrust link may be replaced
assembly having P/N 65B90360–1 or –4: (e), and (f) of AD 2001–15–15, with a new or overhauled thrust link
Thereafter at intervals not to exceed amendment 39–12349, is acceptable for having P/N 65B90360–1, –4 or –7,
6,000 flight cycles. compliance with accomplishing the provided that the applicable repetitive
corrective action specified in ‘‘Part 3— interval specified in Table 1 of this AD
(ii) For replacement with a thrust link is complied with. If a fractured thrust
Rear Engine Mount Bulkhead Inspection
assembly having P/N 65B90360–7:
and Lug Overhaul and Upper Fitting link is found during any replacement or
Thereafter at intervals not to exceed
Overhaul and Bolt Replacement’’ of the overhaul done in accordance with this
12,000 flight cycles.
service bulletin. paragraph: Before further flight, do the
(2) Do the corrective actions in corrective actions specified in paragraph
accordance with Parts 3, 4, and 5 of the New Requirements of This AD
(h)(2) of this AD. Repetitive replacement
service bulletin; except as provided by Terminating Action—Repetitive of all thrust links having P/N
paragraph (i) of this AD. Replacement or Overhaul of All Thrust 65B90360–1 or –4 terminates the
Links repetitive inspections required by
Exception to Service Bulletin
(k) At the applicable compliance paragraph (g) of this AD. Accomplishing
(i) Where the service bulletin specifies times specified in Table 1 of this AD: the repetitive replacement or overhaul
to contact Boeing for appropriate action, Repetitively replace the thrust link of of a thrust link required by paragraph
do the corrective action using a method the rear engine mount of struts 1, 2, 3, (h) of this AD constitutes compliance
approved in accordance with paragraph and 4 with a new or overhauled thrust with the requirements of this paragraph
(m) of this AD. link, in accordance with part 2 of the for that thrust link only.

TABLE 1.—COMPLIANCE TIMES


For thrust link P/N— Initial replacement— Repetitive interval—

65B90360–1 or –4 ............... Within 36 months after the effective date of this AD ...... Thereafter at intervals not to exceed 6,000 flight cycles.
65B90360–7 ......................... Within 12,000 flight cycles after the new thrust link has Thereafter at intervals not to exceed 12,000 flight cy-
been installed. cles.

Alternative Methods of Compliance Document D6–35022, Revision G, dated ACTION: Notice of proposed rulemaking.
(AMOCs) December 2000. All provisions of AD
2004–07–22 that are not specifically SUMMARY: In this document, the
(l)(1) The Manager, Seattle Aircraft Commission seeks comment on issues
Certification Office (ACO), Transport referenced in this paragraph, including
the initial inspection threshold required raised by section 254(b) of the
Airplane Directorate, FAA, has the Communications Act of 1934, as
authority to approve AMOCs for this by paragraph (d) of AD 2004–07–22,
remain fully applicable and must be amended (the Act) and the United States
AD, if requested in accordance with the Court of Appeals for the Tenth Circuit’s
procedures found in 14 CFR 39.19. complied with.
(5) AMOCs approved previously in (Tenth Circuit) decision in Qwest Corp.
(2) Before using any AMOC approved v. FCC (Qwest II). We seek comment on
in accordance with § 39.19 on any accordance with AD 2005–19–06,
amendment 39–14271, are approved as how to reasonably define the statutory
airplane to which the AMOC applies, terms ‘‘sufficient’’ and ‘‘reasonably
notify the appropriate principal AMOCs for the corresponding
provisions of this AD. comparable’’ in light of the court’s
inspector in the FAA Flight Standards holding in Qwest II. We also seek
Certificate Holding District Office. Issued in Renton, Washington, on
comment on the support mechanism for
(3) An AMOC that provides an December 23, 2005.
non-rural carriers, which the Qwest II
acceptable level of safety may be used Kalene C. Yanamura,
court invalidated due to the
for any repair required by this AD, if it Acting Manager, Transport Airplane Commission’s reliance on an inadequate
is approved by an Authorized Directorate, Aircraft Certification Service.
interpretation of statutory principles
Representative for the Boeing [FR Doc. E6–136 Filed 1–10–06; 8:45 am] and failure to explain how a cost-based
Commercial Airplanes Delegation BILLING CODE 4910–13–P mechanism would address problems
Option Authorization Organization who with rates. We seek comment on a
has been authorized by the Manager, proposal by Puerto Rico Telephone
Seattle ACO, to make those findings. For FEDERAL COMMUNICATIONS Company, Inc. (PRTC) that the
a repair method to be approved, the COMMISSION Commission adopt a non-rural insular
repair must meet the certification basis mechanism.
of the airplane, and the approval must 47 CFR Part 54
specifically refer to this AD. DATES: Comments are due on or before
(4) The actions identified in [CC Docket No. 96–45, WC Docket No. 05– February 10, 2006. Reply comments are
paragraphs (g) and (k) of this AD are 337; FCC 05–205] due on or before March 13, 2006.
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approved as an AMOC to paragraphs (c) Federal-State Joint Board on Universal ADDRESSES: You may submit comments,
and (d) of AD 2004–07–22, amendment Service; High-Cost Universal Service identified by [CC Docket No. 96–45], by
39–13566, for the inspections of Support any of the following methods:
structural significant item S–2, for the • Federal eRulemaking Portal: http://
thrust links only, of Boeing AGENCY:Federal Communications www.regulations.gov. Follow the
Supplemental Structural Inspection Commission. instructions for submitting comments.

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