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Federal Register / Vol. 70, No.

19 / Monday, January 31, 2005 / Rules and Regulations 4755

DEPARTMENT OF TRANSPORTATION (telephone (800) 647–5227) is located on the FAA Administrator. Subtitle VII,
the plaza level of the Nassif Building at Aviation Programs, describes in more
Federal Aviation Administration the U.S. Department of Transportation, detail the scope of the Agency’s
400 Seventh Street SW, room PL–401, authority.
14 CFR Part 39 Washington, DC. This docket number is We are issuing this rulemaking under
FAA–2004–19262; the directorate the authority described in Subtitle VII,
[Docket No. FAA–2004–19262; Directorate
Identifier 2004–NM–54–AD; Amendment 39– identifier for this docket is 2004–NM– Part A, Subpart III, Section 44701,
13953; AD 2005–02–08] 54–AD. ‘‘General requirements.’’ Under that
FOR FURTHER INFORMATION CONTACT: section, Congress charges the FAA with
RIN 2120–AA64 promoting safe flight of civil aircraft in
Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM–140L, FAA, air commerce by prescribing regulations
Airworthiness Directives; McDonnell for practices, methods, and procedures
Douglas Model MD–11 and MD–11F Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, the Administrator finds necessary for
Airplanes safety in air commerce. This regulation
Lakewood, California 90712–4137;
AGENCY: Federal Aviation telephone (562) 627–5262; fax (562) is within the scope of that authority
Administration (FAA), Department of 627–5210. because it addresses an unsafe condition
Transportation (DOT). SUPPLEMENTARY INFORMATION: The FAA
that is likely to exist or develop on
ACTION: Final rule. proposed to amend 14 CFR Part 39 with products identified in this rulemaking
an AD for certain McDonnell Douglas action.
SUMMARY: The FAA is adopting a new
Model MD–11 and MD–11F airplanes. Regulatory Findings
airworthiness directive (AD) for certain That action, published in the Federal
McDonnell Douglas Model MD–11 and We have determined that this AD will
Register on October 6, 2004 (69 FR not have federalism implications under
MD–11F airplanes. This AD requires 59837), proposed to require inspecting
inspecting the power feeder cables of Executive Order 13132. This AD will
the power feeder cables of the auxiliary not have a substantial direct effect on
the auxiliary power unit (APU) for power unit (APU) for chafing damage,
chafing damage, and accomplishing any the States, on the relationship between
and accomplishing any related the national government and the States,
related corrective action. This AD also corrective action. The proposed AD
requires modifying the drain line of the or on the distribution of power and
would also require modifying the drain responsibilities among the various
fuel feed shroud of the horizontal line of the fuel feed shroud of the
stabilizer. This AD is prompted by a levels of government.
horizontal stabilizer. For the reasons discussed above, I
report of the drain line of the fuel feed
shroud riding on the power feeder Comments certify that this AD:
(1) Is not a ‘‘significant regulatory
cables of the APU. We are issuing this We provided the public the action’’ under Executive Order 12866;
AD to prevent chafing of the power opportunity to participate in the (2) Is not a ‘‘significant rule’’ under
feeder cables of the APU, which could development of this AD. No comments DOT Regulatory Policies and Procedures
result in electrical arcing to adjacent have been submitted on the proposed (44 FR 11034, February 26, 1979); and
structure and consequent fire in the AD or on the determination of the cost (3) Will not have a significant
airplane. to the public. economic impact, positive or negative,
DATES: This AD becomes effective Conclusion on a substantial number of small entities
March 7, 2005. under the criteria of the Regulatory
The incorporation by reference of a We have carefully reviewed the Flexibility Act.
certain publication listed in the AD is available data and determined that air We prepared a regulatory evaluation
approved by the Director of the Federal safety and the public interest require of the estimated costs to comply with
Register as of March 7, 2005. adopting the AD as proposed. this AD. See the ADDRESSES section for
ADDRESSES: For service information Costs of Compliance a location to examine the regulatory
identified in this AD, contact Boeing evaluation.
There are about 195 airplanes of the
Commercial Airplanes, Long Beach affected design in the worldwide fleet, List of Subjects in 14 CFR Part 39
Division, 3855 Lakewood Boulevard, and 85 airplanes of U.S. registry. Air transportation, Aircraft, Aviation
Long Beach, California 90846, The inspection will take about 1 work safety, Incorporation by reference,
Attention: Data and Service hour per airplane, at an average labor Safety.
Management, Dept. C1–L5A (D800– rate of $65 per work hour. Based on
0024). You can examine this these figures, the estimated cost of the Adoption of the Amendment
information at the National Archives AD for U.S. operators is $5,525, or $65 ■ Accordingly, under the authority
and Records Administration (NARA). per airplane. delegated to me by the Administrator,
For information on the availability of The modification will take about 3 the FAA amends 14 CFR part 39 as
this material at NARA, call (202) 741– work hours per airplane (including the follows:
6030, or go to: http://www.archives.gov/ functional test), at an average labor rate
federal_register/code_of_federal_ of $65 per work hour. Parts cost will be PART 39—AIRWORTHINESS
regulations/ibr_locations.html. minimal. Based on these figures, the DIRECTIVES
Docket: The AD docket contains the estimated cost of the AD for U.S.
proposed AD, comments, and any final operators is $16,575, or $195 per ■ 1. The authority citation for part 39
disposition. You can examine the AD airplane. continues to read as follows:
docket on the Internet at http:// Authority: 49 U.S.C. 106(g), 40113, 44701.
dms.dot.gov, or in person at the Docket Authority for This Rulemaking
Management Facility office between 9 Title 49 of the United States Code § 39.13 [Amended]
a.m. and 5 p.m., Monday through specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding
Friday, except Federal holidays. The rules on aviation safety. Subtitle I, the following new airworthiness
Docket Management Facility office Section 106, describes the authority of directive (AD):

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4756 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations

2005–02–08 McDonnell Douglas: Material Incorporated by Reference fire. This action is intended to address
Amendment 39–13953. Docket No. FAA– (h) You must use Boeing Alert Service the identified unsafe condition.
2004–19262; Directorate Identifier 2004– Bulletin MD11–28A119, including appendix DATES: Effective March 7, 2005. The
NM–54–AD. A, dated June 3, 2003, to perform the actions incorporation by reference of certain
Effective Date that are required by this AD, unless the AD publications listed in the regulations is
specifies otherwise. The Director of the approved by the Director of the Federal
(a) This AD becomes effective March 7, Federal Register approves the incorporation
2005. by reference of this document in accordance
Register as of March 7, 2005.
with 5 U.S.C. 552(a) and 1 CFR part 51. For ADDRESSES: The service information
Affected ADs
copies of the service information, contact referenced in this AD may be obtained
(b) None. Boeing Commercial Airplanes, Long Beach from Boeing Commercial Airplanes,
Applicability Division, 3855 Lakewood Boulevard, Long P.O. Box 3707, Seattle, Washington
(c) This AD applies to McDonnell Douglas Beach, California 90846, Attention: Data and 98124–2207. This information may be
Model MD–11 and MD–11F airplanes, Service Management, Dept. C1–L5A (D800– examined at the Federal Aviation
certificated in any category; as identified in 0024). For information on the availability of Administration (FAA), Transport
this material at the National Archives and
Boeing Alert Service Bulletin MD11–28A119,
Records Administration (NARA), call (202)
Airplane Directorate, Rules Docket,
dated June 3, 2003. 1601 Lind Avenue, SW., Renton,
741–6030, or go to http://www.archives.gov/
Unsafe Condition federal_register/code_of_federal_regulations/ Washington; or at the National Archives
(d) This AD was prompted by a report of ibr_locations.html. You may view the AD and Records Administration (NARA).
the drain line of the fuel feed shroud riding docket at the Docket Management Facility, For information on the availability of
on the power feeder cables of the auxiliary U.S. Department of Transportation, 400 this material at NARA, call (202) 741–
power unit (APU). We are issuing this AD to Seventh Street, SW., room PL–401, Nassif 6030, or go to: http://www.archives.gov/
prevent chafing of the power feeder cables of Building, Washington, DC. federal_register/
the APU, which could result in electrical
Issued in Renton, Washington, on January
code_of_federal_regulations/
arcing to adjacent structure and consequent ibr_locations.html.
fire in the airplane. 18, 2005.
Ali Bahrami, FOR FURTHER INFORMATION CONTACT: Tom
Compliance Thorson, Aerospace Engineer,
Manager, Transport Airplane Directorate,
(e) You are responsible for having the Aircraft Certification Service. Propulsion Branch, ANM–140S, FAA,
actions required by this AD performed within [FR Doc. 05–1557 Filed 1–28–05; 8:45 am] Seattle Aircraft Certification Office,
the compliance times specified, unless the 1601 Lind Avenue, SW., Renton,
BILLING CODE 4910–13–P
actions have already been done. Washington 98055–4056; telephone
Inspection/Related Corrective Action/ (425) 917–6508; fax (425) 917–6590.
Modification DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: A
(f) Within 18 months after the effective proposal to amend part 39 of the Federal
date of this AD: Do the actions required by Federal Aviation Administration Aviation Regulations (14 CFR part 39) to
paragraphs (f)(1) and (f)(2) of this AD by include an airworthiness directive (AD)
doing all the actions specified in the 14 CFR Part 39 that is applicable to certain Boeing
Accomplishment Instructions of Boeing Alert Model 757 series airplanes was
Service Bulletin MD11–28A119, including [Docket No. 2003–NM–252–AD; Amendment published in the Federal Register on
appendix A, dated June 3, 2003. 39–13955; AD 2005–02–10]
(1) Accomplish a general visual inspection
May 17, 2004 (69 FR 27866). That action
of the power feeder cables of the APU for RIN 2120–AA64 proposed to require repetitive detailed
chafing damage. Do any related corrective inspections of the support brackets and
action before further flight. Airworthiness Directives; Boeing associated fasteners for the hydraulic
(2) Modify the drain line of the fuel feed Model 757 Series Airplanes Equipped lines located in the nacelle struts, and
shroud of the horizontal stabilizer (including With Rolls Royce Model RB211 related investigative and corrective
a functional test after accomplishing the Engines actions as necessary. That action also
modification). proposed to provide an optional
Note 1: For the purposes of this AD, a AGENCY: Federal Aviation terminating action for the repetitive
general visual inspection is: ‘‘A visual Administration (FAA), Department of inspections.
examination of an interior or exterior area, Transportation (DOT).
installation, or assembly to detect obvious ACTION: Final rule.
Comments
damage, failure, or irregularity. This level of Interested persons have been afforded
inspection is made from within touching SUMMARY: This amendment adopts a
distance unless otherwise specified. A mirror
an opportunity to participate in the
new airworthiness directive (AD), making of this amendment. Due
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
applicable to certain Boeing Model 757 consideration has been given to the
of inspection is made under normally series airplanes, that requires repetitive comment received.
available lighting conditions such as detailed inspections of the support
daylight, hangar lighting, flashlight, or brackets and associated fasteners for the Request To Revise Paragraph (b),
droplight and may require removal or hydraulic lines located in the nacelle Related Investigative and Corrective
opening of access panels or doors. Stands, struts, and related investigative and Actions
ladders, or platforms may be required to gain corrective actions as necessary. This The commenter, an operator, supports
proximity to the area being checked.’’ action also provides an optional the repetitive inspections required by
Alternative Methods of Compliance terminating action for the repetitive paragraph (a) of the proposed AD, but
(AMOCs) inspections. This action is necessary to requests that the related investigative
(g) The Manager, Los Angeles Aircraft
prevent flammable fluids from leaking and corrective actions required by
Certification Office, FAA, has the authority to into the interior compartment of the paragraph (b) of the proposed AD be
approve AMOCs for this AD, if requested in nacelle struts where ignition sources applicable only to a pylon (nacelle strut)
accordance with the procedures found in 14 exist, which could result in the ignition that has damaged or loose hydraulic line
CFR 39.19. of flammable fluids and an uncontained support brackets or associated fasteners.

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