54242 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for 7 CFR 

part 905 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 905.153 [Amended] 

■ 2. In § 905.153, paragraph (a), a new 

sentence is added following the third 

sentence to read as follows: ‘‘If crop 

conditions limit shipments from any or 

all of the immediately preceding three 

season(s), the committee may use a prior 

season or seasons for the purposes of 

calculating an average week.’’

■ 3. Section 905.350 is added to read as 

follows: 

§ 905.350 Red seedless grapefruit 

regulation. 

This section establishes the weekly 

percentages to be used to calculate each 

handler’s weekly allotment of small 

sizes. Handlers can fill their allotment 

with size 56, size 48, or a combination 

of the two sizes such that the total of 

these shipments are within the 

established weekly limits. The weekly 

percentages for size 48 (39⁄16 inches 

minimum diameter) and size 56 (35⁄16

inches minimum diameter) red seedless 

grapefruit grown in Florida, which may 

be handled during the specified weeks, 

are as follows: 

Week Weekly 

percentage 

(a) 9/19/05 through 9/25/05 ...... 35 

(b) 9/26/05 through 10/2/05 ...... 35 

(c) 10/3/05 through 10/9/05 ...... 35 

(d) 10/10/05 through 10/16/05 .. 35 

(e) 10/17/05 through 10/23/05 .. 35 

(f) 10/24/05 through 10/30/05 ... 35 

(g) 10/31/05 through 11/6/05 .... 25 

(h) 11/7/05 through 11/13/05 .... 25 

(i) 11/14/05 through 11/20/05 ... 25 

(j) 11/21/05 through 11/27/05 ... 25 

(k) 11/28/05 through 12/4/05 .... 25 

(l) 12/5/05 through 12/11/05 ..... 25 

(m) 12/12/05 through 12/18/05 25 

(n) 12/19/05 through 12/25/05 .. 25 

(o) 12/26/05 through 1/1/06 ...... 25 

(p) 1/2/06 through 1/8/06 .......... 25 

(q) 1/9/06 through 1/15/06 ........ 25 

(r) 1/16/06 through 1/22/06 ...... 25 

(s) 1/23/06 through 1/29/06 ...... 25 

(t) 1/30/06 through 2/5/06 ......... 25 

(u) 2/6/06 through 2/12/06 ........ 25 

(v) 2/13/06 through 2/19/06 ...... 25 

Dated: September 9, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–18279 Filed 9–13–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20475; Directorate 

Identifier 2004–NM–157–AD; Amendment 

39–14250; AD 2005–18–10] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 777–200 and –300 series 

airplanes. This AD requires 

modification of the splice plate 

assemblies installed under the floor 

panels at the forward and aft edges of 

the cabin aisle. This AD results from 

reports of cracking of the aluminum 

splice plates under the floor panels in 

the cabin aisle. We are issuing this AD 

to prevent loss of the capability of the 

cabin floor and seat track structure to 

support the airplane interior inertia 

loads under emergency landing 

conditions. Loss of this support could 

lead to galley or seat separation from 

attached restraints, which could result 

in blocking of the emergency exits and 

consequent injury to passengers and 

crew. 

DATES: This AD becomes effective 

October 19, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of October 19, 2005. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You can examine the AD 

docket on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street SW, room PL–401, 

Washington, DC. This docket number is 

FAA–2005–20475; the directorate 

identifier for this docket is 2004–NM–

157–AD. 

FOR FURTHER INFORMATION CONTACT: Gary 

Oltman, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6443; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain Boeing Model 777–

200, –200ER, and –300 series airplanes. 

That action, published in the Federal 

Register on March 3, 2005 (70 FR 

10337), proposed to require 

modification of the splice plate 

assemblies installed under the floor 

panels at the forward and aft edges of 

the cabin aisle. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Request To Add Optional Inspection 

Program 

One commenter asks that, in addition 

to the terminating action specified in 

the proposed AD, an optional inspection 

program be implemented to do 

inspections of the most affected areas, 

with replacement or repair of affected 

parts on attrition. The commenter states 

that such an inspection should be added 

as a compliance option, in lieu of a full 

modification, or in conjunction with a 

longer compliance time. The commenter 

adds that, in order to accomplish the 

modification, access to some locations 

will be difficult; therefore, consideration 

should be given to adding inspections to 

extend the compliance time. The 

commenter suggests adding to the 

proposed AD an internal general visual 

inspection of the floor splice plates that 

are visible from the forward and aft pit. 

In addition, the commenter 

recommends inspecting from above for 

flexing and ‘‘clicking’’ noises commonly 

associated with splice plate cracking of 

the remaining areas located in the 

overwing section and not viewable from 

the pits. The commenter suggests that 

the inspections be done at intervals no 

longer than 48 months apart, and that a 

full general visual inspection of all 

affected splice plates be done within a 

72-month period to allow for normal 

maintenance cycles that facilitate the 

inspection. 

The commenter states that it was 

instrumental in identifying and 

reporting cracked splice plate 

discrepancies to the airplane 

manufacturer in December 1999. The 

reports brought about changes 

addressing the subject issue that were 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54243 

added to both the structural repair and 

airplane maintenance manuals for 

Boeing Model 777 airplanes. The 

commenter adds that its findings were 

significant enough to justify creating a 

specific maintenance program that 

contained procedures for finding and 

addressing the cracking in most affected 

areas. The inspections revealed an 

overwhelming propensity for cracking 

in the aisle nearest the passenger entry 

doors 1L and 2L. The commenter 

concludes that the approach of 

inspecting aisle and entry floor panels at 

3C intervals has been highly effective in 

managing this issue. 

We do not agree with the commenter’s 

request. We understand that there are 

splice plates in some areas that can be 

inspected from below, but there are 

several inaccessible areas where 

difficulty gaining access would not 

allow for an inspection. The inspection 

methods suggested by the commenter 

are not reliable for those inaccessible 

areas. Further, inspection of other splice 

plates from below is of questionable 

reliability in determining the onset of 

cracking. Also, partially cracked splice 

plates and splice plates with repairs of 

unknown reliability are not acceptable 

for addressing the unsafe condition. For 

these reasons, we have determined that 

the modification required by the AD is 

the most effective method of addressing 

the identified unsafe condition. We note 

that the 60-month compliance time 

should allow for modification during 

normal maintenance cycles for most 

affected operators. However, under the 

provisions of paragraph (h) of this AD, 

if adequate technical justification is 

provided, affected operators may 

request approval of an alternative 

method of compliance (AMOC). 

Request To Consider Alternative Action 

One commenter states that it has 

paperwork in place to accomplish the 

proposed AD, but has some concerns 

about the methods proposed for solution 

to the described problem. The 

commenter notes that it appears that the 

unsafe condition specified in the 

proposed AD is a design flaw, though 

the airplane manufacturer has not 

accepted the responsibility for a 

resolution. The commenter concludes 

that, because of that fact, the 

manufacturer should re-address the 

problem and come up with a secondary 

solution that would not require 

replacement of the splice straps. 

We do not agree with the commenter. 

The airplane manufacturer has 

developed an improved splice plate to 

correct the unsafe condition. The FAA 

has determined that the proposed 

modification (replacement of the splice 

straps) is necessary to address the 

unsafe condition specified in the 

proposed AD, which is due to cracking 

of the aluminum splice plates. We did 

not include the option of accomplishing 

inspections because access to many of 

the affected areas is limited, so an 

inspection would not provide reliable 

results. Therefore, replacing the splice 

straps with new, improved splice straps 

is the most effective way to address the 

unsafe condition. Additionally, the 

proposed AD allows a 60-month 

compliance time to allow for 

accomplishing the modification during 

regular maintenance visits. However, 

under the provisions of paragraph (h) of 

this AD, if adequate technical 

justification is provided, affected 

operators may request approval of 

AMOC. 

Request To Change Costs of Compliance 

Section 

One commenter states that, because 

the cause of the unsafe condition 

specified in the proposed AD is a design 

flaw that has not been resolved, the 

commenter must bear the cost of 48 

work hours per airplane to accomplish 

the proposed modification. The 

commenter adds that gaining access to 

some locations to accomplish the 

modification will be difficult, and 

estimates that this modification would 

cost approximately $200,000 for labor 

and $308,000 for material for its entire 

fleet. The commenter does not provide 

a specific request. 

We infer that the commenter is asking 

us to change the ‘‘Costs of Compliance’’

section of this AD. We do not agree. The 

estimate of 28 work hours per airplane 

is based on the best data available to 

date, and is consistent with the 

manufacturer’s estimate contained in 

the service bulletin. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. We 

recognize that in accomplishing the 

requirements of any AD, operators may 

incur incidental costs in addition to the 

direct costs. However, the cost analysis 

in AD rulemaking actions typically does 

not include incidental costs, such as the 

time required to gain access and close 

up, planning time, or time necessitated 

by other administrative actions. Because 

incidental costs may vary significantly 

from operator to operator, they are 

almost impossible to calculate. We have 

not changed the AD in this regard. 

Explanation of Change to Proposed AD 

The applicability in the proposed AD 

addresses ‘‘Boeing Model 777–200, 

–200ER, and –300 series airplanes.’’ We 

inadvertently included Model 777–

200ER series airplanes, which are not 

specified on the type certificate data 

sheet and are encompassed within the 

Model 777–200 series. Our intent is that 

the AD apply to certain Boeing Model 

777–200 and –300 series airplanes; 

therefore, we have changed the 

applicability in this AD accordingly. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been received, and determined 

that air safety and the public interest 

require adopting the AD with the 

change described previously. This 

change will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 330 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 131 airplanes of 

U.S. registry. The modification will take 

about 28 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts will cost between $4,717 

and $9,099 per airplane. Based on these 

figures, the estimated cost of the AD for 

U.S. operators is between $856,347 and 

$1,430,389, or between $6,537 and 

$10,919 per airplane. 

Authority for this Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

54244 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2005–18–10 Boeing: Amendment 39–14250. 

Docket No. FAA–2005–20475; 

Directorate Identifier 2004–NM–157–AD. 

Effective Date 

(a) This AD becomes effective October 19, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 777–

200 and –300 series airplanes, certificated in 

any category; as identified in Boeing Special 

Attention Service Bulletin 777–53–0042, 

dated April 15, 2004. 

Unsafe Condition 

(d) This AD results from reports of cracking 

of the aluminum splice plates under the floor 

panels in the cabin aisle. We are issuing this 

AD to prevent loss of the capability of the 

cabin floor and seat track structure to support 

the airplane interior inertia loads under 

emergency landing conditions. Loss of this 

support could lead to galley or seat 

separation from attached restraints, which 

could result in blocking of the emergency 

exits and consequent injury to passengers 

and crew. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modification 

(f) Within 60 months after the effective 

date of this AD: Except as provided by 

paragraph (g) of this AD, modify the splice 

plate assemblies installed under the floor 

panels at the forward and aft edges of the 

cabin aisle (including replacement of 

damaged fasteners with new fasteners) in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 777–53–0042, dated April 

15, 2004. 

(g) The referenced service bulletin 

recommends marking the service bulletin 

number on the top of the floor panel 

assembly, but this AD does not require that 

action. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 777–53–0042, dated April 

15, 2004, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207, 

for a copy of this service information. You 

may review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., Room PL–401, 

Nassif Building, Washington, DC; on the 

Internet at http://dms.dot.gov; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17985 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21302; Directorate 

Identifier 2004–NM–189–AD; Amendment 

39–14267; AD 2005–19–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–110P1 and 

EMB–110P2 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model EMB–110P1 and 

EMB–110P2 airplanes. This AD requires 

repetitive inspections for corrosion or 

cracking of the rotating cylinder 

assembly in the nose landing gear 

(NLG), and related investigative/ 

corrective actions if necessary. This AD 

also requires the eventual replacement 

of the rotating cylinder assembly with a 

new part, which terminates the need for 

the repetitive inspections. This AD 

results from reports of corrosion on the 

NLG rotating cylinder assembly. We are 

issuing this AD to prevent cracks from 

emanating from corrosion pits in the 

NLG rotating cylinder assembly, which 

could result in failure of the NLG. 

DATES: Effective October 19, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 19, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343–CEP 12.225, Sao Jose dos Campos—

SP, Brazil, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov or in