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Federal Register / Vol. 70, No.

239 / Wednesday, December 14, 2005 / Rules and Regulations 73921

TABLE 1.—MODIFICATION (PART REPLACEMENT) THRESHOLDS


Replace part number— At the later of the times specified—

(1) 3410L, 3410R, 3411L, 3411R, (i) Before the accumulation of 10,000 total flight cycles since the C- (ii) Within 6 months after the effec-
3412R, 3413R. duct was new. tive date of this AD.
(2) 3414L, 3416R, 3417R ............... (i) For airplanes modified according to Airbus Service Bulletin A330– (iii) Within 6 months after the ef-
78–3010 with more than 7,200 total flight cycles since the C-duct fective date of this AD.
was new: Before the accumulation of 10,000 total flight cycles
since the C-duct was new.
(ii) For airplanes modified according to Airbus Service Bulletin A330–
78–3010 with less than or equal to 7,200 total flight cycles since
the C-duct was new: Before the accumulation of 25,000 total flight
cycles since the C-duct was new.
(3) 3414L, 3416R, 3417R ............... (i) For airplanes modified in production by Airbus Modification 47316: (ii) Within 6 months after the effec-
Before the accumulation of 25,000 total flight cycles since the C- tive date of this AD.
duct was new.
(4) 3412L, 3414R ............................ (i) For airplanes modified in production by Airbus Modification 46879: (ii) Within 6 months after the effec-
Before the accumulation of 25,000 total flight cycles since the C- tive date of this AD.
duct was new.
(5) 3413L, 3415R ............................ (i) Before the accumulation of 40,000 total flight cycles since the C- (ii) Within 6 months after the effec-
duct was new. tive date of this AD.

Note 1: Airbus Service Bulletin A330–78– code_of_federal_regulations/ withstand a hard landing or rejected
3010, Revision 03, dated April 28, 2004, ibr_locations.html. takeoff and possible injury to
refers to Rolls-Royce Service Bulletin passengers.
Issued in Renton, Washington, on
RB.211–78–C899, Revision 3, dated May 7,
December 2, 2005.
2004, as an additional source of service DATES: This AD becomes effective
information for modifying the cowl Kalene C. Yanamura,
assemblies of the left- and right-hand thrust Acting Manager, Transport Airplane
January 18, 2006.
reversers. Directorate, Aircraft Certification Service. The Director of the Federal Register
[FR Doc. 05–23902 Filed 12–13–05; 8:45 am] approved the incorporation by reference
Parts Installation
BILLING CODE 4910–13–P of a certain publication listed in the AD
(g) As of the effective date of this AD, no as of January 18, 2006.
person may install, on any airplane, a cowl
assembly of the left- or right-hand thrust ADDRESSES: You may examine the AD
reverser if the airplane has exceeded the DEPARTMENT OF TRANSPORTATION
docket on the Internet at http://
applicable flight cycle threshold specified in dms.dot.gov or in person at the Docket
Table 1 of this AD. Federal Aviation Administration
Management Facility, U.S. Department
Alternative Methods of Compliance 14 CFR Part 39 of Transportation, 400 Seventh Street
(AMOCs) SW., Nassif Building, room PL–401,
(h) The Manager, International Branch, [Docket No. FAA–2005–22561; Directorate
Washington, DC.
ANM–116, Transport Airplane Directorate, Identifier 2005–NM–136–AD; Amendment
FAA, has the authority to approve AMOCs 39–14409; AD 2005–25–16] Contact Empresa Brasileira de
for this AD, if requested in accordance with Aeronautica S.A. (EMBRAER), P.O. Box
RIN 2120–AA64
the procedures found in 14 CFR 39.19. 343—CEP 12.225, Sao Jose dos
Related Information Airworthiness Directives; Empresa Campos—SP, Brazil, for service
Brasileira de Aeronautica S.A. information identified in this AD.
(i) French airworthiness directive F–2001–
528 R2, dated June 23, 2004, also addresses (EMBRAER) Model ERJ 170 Airplanes FOR FURTHER INFORMATION CONTACT:
the subject of this AD. Todd Thompson, Aerospace Engineer,
AGENCY: Federal Aviation
Material Incorporated by Reference Administration (FAA), Department of International Branch, ANM–116,
(j) You must use Airbus Service Bulletin Transportation (DOT). Transport Airplane Directorate, FAA,
A330–78–3010, Revision 03, dated April 28, ACTION: Final rule. 1601 Lind Avenue, SW., Renton,
2004, to perform the actions that are required Washington 98055–4056; telephone
by this AD, unless the AD specifies SUMMARY: The FAA is adopting a new (425) 227–1175; fax (425) 227–1149.
otherwise. The Director of the Federal airworthiness directive (AD) for certain
Register approved the incorporation by SUPPLEMENTARY INFORMATION:
EMBRAER Model ERJ 170 airplanes.
reference of this document in accordance
This AD requires doing a general visual Examining the Docket
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice inspection of the passenger seat track
Bellonte, 31707 Blagnac Cedex, France, for a attachments to determine if the You may examine the airworthiness
copy of this service information. You may attachment rod is installed and to check directive (AD) docket on the Internet at
review copies at the Docket Management the torque value of the attachment bolts, http://dms.dot.gov or in person at the
Facility, U.S. Department of Transportation, and doing any corrective actions if Docket Management Facility office
400 Seventh Street SW., room PL–401, Nassif necessary. This AD results from the between 9 a.m. and 5 p.m., Monday
Building, Washington, DC; on the Internet at finding of missing rods, which attach through Friday, except Federal holidays.
http://dms.dot.gov; or at the National
the passenger seat tracks to the airplane The Docket Management Facility office
Archives and Records Administration
(NARA). For information on the availability structure to absorb loads. We are issuing (telephone (800) 647–5227) is located on
of this material at the NARA, call (202) 741– this AD to detect and correct missing the plaza level of the Nassif Building at
6030, or go to attachment rods, which could result in the street address stated in the
http://www.archives.gov/federal_register/ reducing the ability of the seat to ADDRESSES section.

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73922 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Rules and Regulations

Discussion Regulatory Findings 17000016, and 17000018 through 17000043


inclusive.
The FAA issued a notice of proposed We have determined that this AD will
rulemaking (NPRM) to amend 14 CFR not have federalism implications under Unsafe Condition
part 39 to include an AD that would Executive Order 13132. This AD will (d) This AD results from the finding of
apply to certain EMBRAER Model ERJ not have a substantial direct effect on missing rods, which attach the passenger seat
170 airplanes. That NPRM was the States, on the relationship between tracks to the airplane structure to absorb
published in the Federal Register on the national government and the States, loads. We are issuing this AD to detect and
September 19, 2005 (70 FR 57215). That correct missing attachment rods, which could
or on the distribution of power and
result in reducing the ability of the seat to
NPRM proposed to require doing a responsibilities among the various withstand a hard landing or rejected takeoff
general visual inspection of the levels of government. and possible injury to passengers.
passenger seat track attachments to For the reasons discussed above, I
determine if the attachment rod is certify that this AD: Compliance
installed and to check the torque value (1) Is not a ‘‘significant regulatory (e) You are responsible for having the
of the attachment bolts, and doing any action’’ under Executive Order 12866; actions required by this AD performed within
corrective actions if necessary. (2) Is not a ‘‘significant rule’’ under the compliance times specified, unless the
DOT Regulatory Policies and Procedures actions have already been done.
Comments
(44 FR 11034, February 26, 1979); and Inspection and Modification if Necessary
We provided the public the (3) Will not have a significant (f) Within 700 flight hours after the
opportunity to participate in the economic impact, positive or negative, effective date of this AD, do a general visual
development of this AD. We received no on a substantial number of small entities inspection of the passenger seat track
comments on the NPRM or on the under the criteria of the Regulatory attachments to determine if the attachment
determination of the cost to the public. Flexibility Act. rod is installed and to check the torque value
We prepared a regulatory evaluation of the attachment bolts, and do any
Conclusion
of the estimated costs to comply with applicable corrective actions, by
We have carefully reviewed the this AD and placed it in the AD docket. accomplishing all of the applicable actions
available data and determined that air See the ADDRESSES section for a location specified in the Accomplishment
safety and the public interest require Instructions of EMBRAER Service Bulletin
to examine the regulatory evaluation. 170–53–0010, dated January 12, 2005. Do any
adopting the AD as proposed.
List of Subjects in 14 CFR Part 39 applicable corrective actions before further
Costs of Compliance flight.
Air transportation, Aircraft, Aviation Note 1: For the purposes of this AD, a
This AD affects about 43 airplanes of safety, Incorporation by reference,
U.S. registry. The inspection takes about general visual inspection is: ‘‘A visual
Safety. examination of an interior or exterior area,
1 work hour per airplane, at an average
Adoption of the Amendment installation, or assembly to detect obvious
labor rate of $65 per work hour. Based damage, failure, or irregularity. This level of
on these figures, the estimated cost of ■ Accordingly, under the authority inspection is made from within touching
the AD for U.S. operators is $2,795, or delegated to me by the Administrator, distance unless otherwise specified. A mirror
$65 per airplane. the FAA amends 14 CFR part 39 as may be necessary to ensure visual access to
The modification, if necessary, takes all surfaces in the inspection area. This level
follows:
about 2 work hours per airplane, at an of inspection is made under normally
average labor rate of $65 per work hour. PART 39—AIRWORTHINESS available lighting conditions such as
Required parts are about $860 per daylight, hangar lighting, flashlight, or
DIRECTIVES droplight and may require removal or
airplane. Based on these figures, the
estimated cost of the modification is ■ 1. The authority citation for part 39 opening of access panels or doors. Stands,
continues to read as follows: ladders, or platforms may be required to gain
$990 per airplane, if necessary. proximity to the area being checked.’’
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
Alternative Methods of Compliance
Title 49 of the United States Code § 39.13 [Amended] (AMOCs)
specifies the FAA’s authority to issue (g)(1) The Manager, International Branch,
rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation
ANM–116, Transport Airplane Directorate,
section 106, describes the authority of Administration (FAA) amends § 39.13 FAA, has the authority to approve AMOCs
the FAA Administrator. Subtitle VII, by adding the following new for this AD, if requested in accordance with
Aviation Programs, describes in more airworthiness directive (AD): the procedures found in 14 CFR 39.19.
detail the scope of the Agency’s 2005–25–16 Empresa Brasileira de (2) Before using any AMOC approved in
authority. Aeronautica S.A. (EMBRAER): accordance with 14 CFR 39.19 on any
We are issuing this rulemaking under Amendment 39–14409. Docket No. airplane to which the AMOC applies, notify
the authority described in subtitle VII, FAA–2005–22561; Directorate Identifier the appropriate principal inspector in the
2005–NM–136–AD. FAA Flight Standards Certificate Holding
part A, subpart III, section 44701, District Office.
‘‘General requirements.’’ Under that Effective Date
section, Congress charges the FAA with Material Incorporated by Reference
(a) This AD becomes effective January 18,
promoting safe flight of civil aircraft in 2006. (h) You must use EMBRAER Service
air commerce by prescribing regulations Bulletin 170–53–0010, dated January 12,
for practices, methods, and procedures Affected ADs 2005, to perform the actions that are required
the Administrator finds necessary for (b) None. by this AD, unless the AD specifies
safety in air commerce. This regulation otherwise. The Director of the Federal
Applicability Register approved the incorporation by
is within the scope of that authority (c) This AD applies to EMBRAER Model reference of this document in accordance
because it addresses an unsafe condition ERJ 170–100 LR, –100 STD, –100 SE, and with 5 U.S.C. 552(a) and 1 CFR part 51.
that is likely to exist or develop on –100 SU airplanes, certificated in any Contact Empresa Brasileira de Aeronautica
products identified in this rulemaking category; having serial numbers 17000007 S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
action. through 17000013 inclusive, 17000015, Sao Jose dos Campos—SP, Brazil, for a copy

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Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Rules and Regulations 73923

of this service information. You may review issuing this AD to detect and correct rib. That NPRM also proposed to require
copies at the Docket Management Facility, cracking or other discrepancies in these related investigative and corrective
U.S. Department of Transportation, 400 areas, which could result in structural actions, if necessary.
Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
failure of the wing.
Comments
http://dms.dot.gov; or at the National DATES: This AD becomes effective
Archives and Records Administration January 18, 2006. We provided the public the
(NARA). For information on the availability The Director of the Federal Register opportunity to participate in the
of this material at the NARA, call (202) 741– approved the incorporation by reference development of this AD. No comments
6030, or go to of certain publications listed in the AD have been received on the NPRM or on
http://www.archives.gov/federal_register/ as of January 18, 2006. the determination of the cost to the
code_of_federal_regulations/ public.
ibr_locations.html. ADDRESSES: You may examine the AD
docket on the Internet at http:// Clarification of Alternative Method of
Issued in Renton, Washington, on
December 2, 2005. dms.dot.gov or in person at the Docket Compliance (AMOC) Paragraph
Management Facility, U.S. Department We have revised this action to clarify
Kalene C. Yanamura,
of Transportation, 400 Seventh Street the appropriate procedure for notifying
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
SW., Nassif Building, room PL–401, the principal inspector before using any
Washington, DC. approved AMOC on any airplane to
[FR Doc. 05–23903 Filed 12–13–05; 8:45 am]
Contact Sabreliner Corporation, 18118
BILLING CODE 4910–13–P which the AMOC applies.
Chesterfield Airport Road, Chesterfield,
Missouri 63005–1121, for service Conclusion
information identified in this AD. We have carefully reviewed the
DEPARTMENT OF TRANSPORTATION
FOR FURTHER INFORMATION CONTACT: T.N. available data and determined that air
Federal Aviation Administration Baktha, Aerospace Engineer, Airframe safety and the public interest require
Branch, ACE–118W, FAA, Wichita adopting the AD with the change
14 CFR Part 39 Aircraft Certification Office, 1801 described previously. We have
Airport Road, room 100, Mid-Continent determined that this change will neither
[Docket No. FAA–2005–22402; Directorate
Airport, Wichita, Kansas 67209; increase the economic burden on any
Identifier 2005–NM–133–AD; Amendment
39–14411; AD 2005–25–18] telephone (316) 946–4155; fax (316) operator nor increase the scope of the
946–4407. AD.
RIN 2120–AA64 SUPPLEMENTARY INFORMATION:
Costs of Compliance
Airworthiness Directives; Sabreliner Examining the Docket There are about 77 airplanes of the
Model NA–265, NA–265–20, NA–265– You may examine the airworthiness affected design in the worldwide fleet.
30, NA–265–40, NA–265–50, NA–265– directive (AD) docket on the Internet at This AD affects about 43 airplanes of
60, NA–265–65, NA–265–70, and NA– http://dms.dot.gov or in person at the U.S. registry.
265–80 Series Airplanes Docket Management Facility office The inspection specified in this AD
AGENCY: Federal Aviation between 9 a.m. and 5 p.m., Monday takes about 12 work hours per airplane,
Administration (FAA), Department of through Friday, except Federal holidays. per inspection cycle, at an average labor
Transportation (DOT). The Docket Management Facility office rate of $65 per work hour. Based on
ACTION: Final rule. (telephone (800) 647–5227) is located on these figures, the estimated cost of the
the plaza level of the Nassif Building at actions specified in this AD for U.S.
SUMMARY: The FAA is superseding an the street address stated in the operators is $33,540, or $780 per
existing airworthiness directive (AD), ADDRESSES section. airplane, per inspection cycle.
which applies to certain Sabreliner
Model NA–265–40, NA–265–50, NA– Discussion Authority for This Rulemaking
265–60, NA–265–70, and NA–265–80 The FAA issued a notice of proposed Title 49 of the United States Code
series airplanes. That AD currently rulemaking (NPRM) to amend 14 CFR specifies the FAA’s authority to issue
requires repetitive inspections for part 39 to include an AD that rules on aviation safety. Subtitle I,
discrepancies in the front and rear spars supersedes AD 73–18–03, amendment section 106, describes the authority of
of the wing in the area of the wing 39–3201 (43 FR 19208, May 4, 1978). the FAA Administrator. Subtitle VII,
center section, and in the lugs on the The existing AD applies to certain Aviation Programs, describes in more
rear spar and wing trailing edge panel Rockwell International Model NA–265– detail the scope of the Agency’s
rib, and corrective actions if necessary. 40, NA–265–50, NA–265–60, NA–265– authority.
This new AD expands the applicability 70, and NA–265–80 series airplanes. We are issuing this rulemaking under
of the existing AD and requires new That NPRM was published in the the authority described in subtitle VII,
repetitive inspections for fuel leaks of Federal Register on September 14, 2005 part A, subpart III, section 44701,
the front and rear spars of the wing, and (70 FR 54318). (A correction of that ‘‘General requirements.’’ Under that
for discrepancies in the front and rear NPRM was published in the Federal section, Congress charges the FAA with
spars of the wing in the area of the wing Register on September 30, 2005 (70 FR promoting safe flight of civil aircraft in
center section, and in the lugs on the 57222).) That NPRM proposed to air commerce by prescribing regulations
rear spar and wing trailing edge panel expand the applicability of the existing for practices, methods, and procedures
rib. This AD also requires related AD and require new repetitive the Administrator finds necessary for
investigative and corrective actions, if inspections for fuel leaks of the front safety in air commerce. This regulation
necessary. This AD results from reports and rear spars of the wing, and for is within the scope of that authority
of cracking in the upper and lower discrepancies in the front and rear spars because it addresses an unsafe condition
flanges of the front and rear spars of the of the wing in the area of the wing that is likely to exist or develop on
wing near the wing center section, and center section, and in the lugs on the products identified in this rulemaking
in the lugs on the rear spar. We are rear spar and wing trailing edge panel action.

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