Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56821 

occurs earlier: Inspect the p-pins of the 

retraction actuator of the MLG to determine 

whether part number (P/N) 201275602 is 

installed. Do the inspection in accordance 

with the applicable AOT. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the P/N of the p-pin 

can be conclusively determined from that 

review. If a p-pin with a part number that is 

different than P/N 201275602 is installed, or 

if any P/N 201275602 p-pin has a batch 

number or serial number identified in 

Appendix A of Messier-Dowty Service 

Bulletin A33/34–32–229, Revision 1, dated 

June 4, 2004, no further action is required by 

this AD, except as provided by paragraph (l) 

of this AD. 

Inspection for Cracking and Grease Hole 

Position 

(h) If the inspection required by paragraph 

(g) of this AD shows that an affected P/N 

201275602 is installed, before further flight 

after determining the P/N in accordance with 

paragraph (g) of this AD: Do a detailed 

inspection for cracking of the p-pin and 

position of the grease holes, in accordance 

with the applicable AOT. If any incorrect 

grease hole position is found or if any crack 

is found, do the applicable actions in 

paragraphs (i) and (j) of this AD at the times 

specified in those paragraphs. If all grease 

hole positions are correct and no cracking is 

found, no further action is required by this 

paragraph. 

Note 2: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Related Investigative and Corrective Actions 

(i) If the inspection required by paragraph 

(h) of this AD shows that a p-pin has any 

incorrect grease hole position, but no 

cracking: Do the actions in paragraph (i)(1) 

and (i)(2) of this AD. Do all actions in 

accordance with the applicable AOT. 

(1) Within 24 hours after the inspection 

required by paragraph (h) of this AD: Do a 

general visual inspection of the p-pin for pin 

migration, in accordance with the applicable 

AOT. Repeat the inspection at intervals not 

to exceed 24 hours until the replacement 

required by paragraph (i)(2) or (j) of this AD 

is accomplished. 

(2) Except as required by paragraph (j) of 

this AD, within 800 flight hours after doing 

the inspection required by paragraph (h) of 

this AD: Replace the p-pin with a new p-pin 

of the same P/N 201275602 with correctly 

positioned grease holes, or with a new p-pin 

having new P/N 201478612, in accordance 

with the applicable AOT. 

Note 3: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

(j) If any inspection required by paragraphs 

(h) and (i) of this AD shows a crack or pin 

migration, before further flight: Replace the 

p-pin with a new p-pin of the same P/N 

201275602 with correctly positioned grease 

holes, or with a new p-pin having new P/N 

201478612. Do all actions in accordance with 

the applicable AOT. 

No Reporting Required 

(k) Although the AOTs reference a 

reporting requirement in paragraph 4.3, 

‘‘Material—Tooling,’’ that reporting is not 

required by this AD. 

Parts Installation 

(l) As of the effective date of this AD, no 

person may install, on any airplane, a p-pin, 

P/N 201275602, unless it has been inspected 

and any applicable additional inspections 

corrective actions have been done in 

accordance with this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, ANM–116, Transport 

Airplane Directorate, FAA, has the authority 

to approve AMOCs for this AD, if requested 

in accordance with the procedures found in 

14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(n) French airworthiness directive F–2004–

084, dated June 23, 2004, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(o) You must use Airbus All Operators 

Telex A330–32A3181, dated May 27, 2004; or 

Airbus All Operators Telex A340–32A4224, 

dated May 27, 2004; as applicable; 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 these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 Blagnac 

Cedex, France, 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/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

September 20, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19228 Filed 9–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21170; Directorate 

Identifier 2002–NM–124–AD; Amendment 

39–14298; AD 2005–20–05] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200 and 767–300 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 767–200 and 767–300 

series airplanes. This AD requires 

performing a general visual inspection 

to determine the part number of the Ibeams of the center overhead stowage 

bin modules to identify I-beams having 

9.0g (gravitational acceleration) tie rods 

attached and to determine the 

configuration of the center overhead 

stowage bin modules. For certain center 

overhead stowage bin modules, this AD 

requires installing support straps. This 

AD results from tests conducted by the 

airplane manufacturer. We are issuing 

this AD to prevent failure of the 

attachment of the 9.0g tie rods to the 

center overhead stowage bin modules. 

This failure could result in collapse of 

those stowage bin modules, and 

consequent injury to passengers and 

crew and interference with their ability 

to evacuate the airplane in an 

emergency. 

DATES: Effective November 3, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 3, 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 Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

56822 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Susan Rosanske, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6448; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may 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 street 

address stated in the ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Boeing Model 767–200 

and 767–300 series airplanes. That 

NPRM was published in the Federal 

Register on May 10, 2005 (70 FR 24488). 

That NPRM proposed to require 

performing a general visual inspection 

to determine the part number of the Ibeams of the center overhead stowage 

bin modules to identify I-beams having 

9.0g (gravitational acceleration) tie rods 

attached and to determine the 

configuration of the center overhead 

stowage bin modules. For certain center 

overhead stowage bin modules, that 

NPRM also proposed to require 

installing support straps. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Request To Revise Applicability 

One commenter requests that we 

revise the applicability of the NPRM to 

exclude airplanes that have been 

converted in accordance with a 

supplemental type certificate (STC) to a 

freighter configuration without the 

subject center overhead stowage bin 

modules. The commenter recommends 

changing the applicability paragraph to 

read, ‘‘This AD applies to Boeing Model 

767–200 and –300 series airplanes 

equipped with center overhead stowage 

bin modules, certified in any category; 

as identified in Boeing Special 

Attention Service Bulletin 767–25–

0320, dated April 11, 2002.’’ The 

commenter states that this revision will 

reduce the number of alternate method 

of compliance (AMOC) requests 

submitted to the FAA, and, therefore, 

will reduce the use of FAA resources. 

We agree that airplanes without the 

subject center overhead stowage bin 

modules should not be subject to the 

requirements of this AD, because, 

without those subject stowage bin 

modules, those airplanes are not subject 

to the unsafe condition addressed by 

this AD. Therefore, we have revised the 

applicability of the final rule to exclude 

airplanes that are not equipped with 

center overhead stowage bin modules. 

Request To Delay Issuance of AD and 

To Reference Latest Service 

Information 

The other commenter, the 

manufacturer, requests that we delay 

issuance of the rule until it releases 

Revision 1 to Boeing Special Attention 

Service Bulletin 767–25–0320 (the 

original issue of this service bulletin 

was referenced in the NPRM as the 

appropriate source of service 

information for doing the proposed 

actions), which it intends to do at an 

unspecified time in the future. The 

commenter further states that the 

revision will clarify Figures 1 and 6 of 

the service bulletin, but it will not 

impact the intent of the service bulletin. 

We do not agree to delay issuance of 

this AD. We do not consider that 

delaying this action until after the 

release of the manufacturer’s planned 

service bulletin is warranted, since the 

currently referenced service bulletin 

contains procedures that are sufficient 

for correcting the unsafe condition 

addressed by this AD. Once the revised 

service bulletin is released, operators 

may submit the revised instructions as 

a proposed AMOC, in accordance with 

paragraph (i) of this AD. We have not 

changed the final rule in this regard. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

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 

changes described previously. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Costs of Compliance 

There are about 747 airplanes of the 

affected design in the worldwide fleet. 

There are about 281 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this AD. There are 

approximately 13 center overhead 

stowage bin modules per airplane and 

one I-beam per module. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane Fleet cost 

Inspection to determine P/N and 

configuration.

1, per I-beam ............ $65 None .......................... $65, per I-beam ........ $237,445 

Strap installation ............................... 12, per I-beam .......... $65 $816, per I-beam ...... $1,596, per I-beam ... $5,830,188 

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. 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56823 

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 

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 and placed it in the AD docket. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–20–05 Boeing: Amendment 39–14298. 

Docket No. FAA–2005–21170; 

Directorate Identifier 2002–NM–124–AD. 

Effective Date 

(a) This AD becomes effective October 31, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767–

200 and 767–300 series airplanes equipped 

with center overhead stowage bin modules, 

certificated in any category; as identified in 

Boeing Special Attention Service Bulletin 

767–25–0320, dated April 11, 2002. 

Unsafe Condition 

(d) This AD results from tests conducted by 

the airplane manufacturer. We are issuing 

this AD to prevent failure of the attachment 

of the 9.0g (gravitational acceleration) tie 

rods to the center overhead stowage bin 

modules. This failure could result in collapse 

of those stowage bin modules, and 

consequent injury to passengers and crew 

and interference with their ability to evacuate 

the airplane in an emergency. 

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. 

Inspection to Determine I-beam Part Number 

(P/N) 

(f) Within 36 months after the effective 

date of this AD: Perform a general visual 

inspection of the center overhead stowage 

bin modules to determine the P/N of each Ibeam and to determine the configuration of 

each center overhead stowage bin module. 

Do the inspection in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 767–25–

0320, dated April 11, 2002. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

(g) For any I-beam found having P/N 

412T2040–29 during the inspection required 

by paragraph (f) of this AD: No further action 

is required by this AD for that I-beam only. 

Support Strap Installation 

(h) For any I-beam found having a P/N 

other than P/N 412T2040–29 during the 

inspection required by paragraph (f) of this 

AD: Before further flight, do the actions in 

paragraph (h)(1) or (h)(2) of this AD, as 

applicable, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 767–25–

0320, dated April 11, 2002. 

(1) If the forward-most stowage bin module 

was inspected: Before further flight, install 

support straps having P/N 412T2043–101 

and 412T2043–102 on the center overhead 

stowage bin module, in accordance with 

Figures 3, 4, and 5 of the Accomplishment 

Instructions of the service bulletin. 

(2) If the stowage bin module inspected 

was other than the forward-most stowage bin 

module: Before further flight, do the actions 

specified in paragraph (h)(2)(i) or (h)(2)(ii) of 

this AD, as applicable. 

(i) For center overhead stowage bin 

modules having ‘‘Configuration A,’’ as 

specified in the service bulletin: Before 

further flight, do the actions specified in 

paragraph (h)(1) of this AD. 

(ii) For center overhead stowage bin 

modules having a configuration other than 

‘‘Configuration A,’’ as specified in the service 

bulletin: Before further flight, install two 

support straps having P/N 412T2043–119 on 

the center overhead stowage bin module, in 

accordance with Figures 3, 4, and 6 of the 

Accomplishment Instructions of the service 

bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) 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. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Material Incorporated by Reference 

(j) You must use Boeing Special Attention 

Service Bulletin 767–25–0320, dated April 

11, 2002, 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/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 12, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–19227 Filed 9–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

Fees for Reviews of the Rule 

Enforcement Programs of Contract 

Markets and Registered Futures 

Association 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Establish the FY 2005 schedule 

of fees.