59266 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 

TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS—Continued 

Part Affected part 

numbers Affected serial numbers 

Right-hand elevator assembly F55280000001, 

F55280000005 

CG1002 through CG1094 inclusive, CG2001. 

Inspections 

(h) If the left- or right-hand elevator 

assembly has a part number and serial 

number combination identified in Table 1 of 

this AD: Before further flight after 

accomplishing paragraph (g) of this AD, do 

the actions in paragraphs (h)(1), (h)(2), and 

(h)(3) of this AD, as applicable. 

(1) Perform an endoscopic inspection to 

detect damage (such as a scratch, disbonding, 

or a tear), and a tap test and a thermographic 

inspection to detect signs of moisture 

penetration, to the upper and lower elevator 

panels on both sides of the airplane, in 

accordance with the service bulletin. 

(2) If any damage is found, before further 

flight, do all applicable corrective actions 

(including but not limited to repeating the 

thermographic inspection to determine the 

size of the damaged area, and performing a 

tap test around the areas where moisture is 

indicated), in accordance with the service 

bulletin. 

(3) Re-protect the elevator assembly 

(including performing a general visual 

inspection to determine if the drainage holes 

are clean, a general visual inspection to 

determine the condition of the sealant 

covering the static discharges contour, and 

applicable corrective actions), in accordance 

with the service bulletin. 

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.’’

Parts Installation 

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

person may install, on any airplane, an 

elevator assembly having a part number and 

serial number combination identified in 

Table 1 of this AD unless the actions required 

by paragraph (h) of this AD are 

accomplished. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, International Branch, 

ANM–116, 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 14 CFR 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 

(k) French airworthiness directive F–2004–

118 R1, dated October 13, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(l) You must use Airbus Service Bulletin 

A330–55–3032, excluding Appendix 01, 

dated December 22, 2003; or Airbus Service 

Bulletin A340–55–4029, excluding Appendix 

01, dated December 22, 2003; 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/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on 

September 29, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–20064 Filed 10–11–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–238–AD; Amendment 

39–14330; AD 2005–20–33] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727, 727C, 727–100, and 727–

100C Series Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Boeing Model 727, 

727C, 727–100, and 727–100C series 

airplanes. This AD requires repetitive 

inspections of the frame inner chord, 

outer chord, and web of the forward and 

aft edge frames of the lower lobe 

forward cargo door (FCD) cutout, and 

corrective action if necessary. The 

actions specified by this AD are 

intended to detect and correct fatigue 

cracking of the forward and aft edge 

frames of the lower lobe FCD cutout, 

which could result in the loss of the 

FCD and rapid decompression of the 

airplane. This action is intended to 

address the identified unsafe condition. 

DATES: Effective November 16, 2005. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of November 

16, 2005. 

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 

98124–2207. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington. 

FOR FURTHER INFORMATION CONTACT: 

Daniel F. Kutz, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6456; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain Boeing 

Model 727, 727C, 727–100, and 727–

100C series airplanes was published as 

a supplemental notice of proposed 

rulemaking (NPRM) in the Federal 

Register on August 22, 2005 (70 FR 

48904). That action proposed to require 

repetitive inspections of the frame inner 

chord, outer chord, and web of the 

forward and aft edge frames of the lower 

lobe forward cargo door cutout, and 

corrective action if necessary. 

Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 59267 

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. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment received. The 

commenter supports the supplemental 

NPRM. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

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. 

Interim Action 

We consider this final rule to be an 

interim action. The manufacturer is 

currently developing a modification that 

will address the unsafe condition 

identified in this AD. Once this 

modification is developed, approved, 

and available, we may consider 

additional rulemaking. 

Cost Impact 

There are approximately 211 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

116 airplanes of U.S. registry will be 

affected by this AD, that it will take 

approximately 6 to 8 work hours per 

airplane to accomplish the required 

inspections, and that the average labor 

rate is $65 per work hour. Based on 

these figures, the cost impact of the AD 

on U.S. operators is estimated to be 

between $45,240 and $60,320, or 

between $390 and $520 per airplane. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD action, and 

that no operator would accomplish 

those actions in the future if this AD 

were not adopted. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

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 Impact 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (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. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. Section 39.13 is amended by adding 

the following new airworthiness 

directive: 

2005–20–33 Boeing: Amendment 39–14330. 

Docket 2003–NM–238–AD. 

Applicability: Model 727, 727C, 727–100, 

and 727–100C series airplanes, line numbers 

1 through 694 inclusive; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct fatigue cracking of 

the forward and aft edge frames of the lower 

lobe forward cargo door (FCD) cutout, which 

could result in the loss of the FCD and rapid 

decompression of the airplane, accomplish 

the following: 

Note 1: This AD is related to AD 98–11–

03 R1, amendment 39–10983, and affects 

Structural Significant Item (SSI) F–11B of the 

Boeing 727 Supplemental Structural 

Inspection Document (SSID) program, D6–

48040–1, Revision H, dated June 1994. 

Initial and Repetitive Inspections 

(a) For airplanes on which the forward and 

aft edge frames of the lower lobe FCD cutout 

have not been inspected per AD 98–11–03 R1 

as of the effective date of this AD: Prior to 

the accumulation of 21,000 total flight cycles, 

or within 3,000 flight cycles after the 

effective date of this AD, whichever occurs 

later, do the inspections specified in 

paragraph (c) of this AD. 

(b) For airplanes on which the forward and 

aft edge frames of the lower lobe FCD cutout 

have been inspected per AD 98–11–03 R1 as 

of the effective date of this AD: Within the 

next scheduled inspection required by AD 

98–11–03 R1, or within 3,000 flight cycles 

after the effective date of this AD, whichever 

occurs first, do the inspections specified in 

paragraph (c) of this AD. 

(c) At the time specified in paragraph (a) 

or paragraph (b) of this AD, as applicable: 

Perform the detailed and high frequency 

eddy current inspections for cracks in the 

web and the inner and outer chords of the 

forward and aft frames of the forward cargo 

doorway in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 727–53A0229, dated March 

24, 2005. Repeat the inspections thereafter at 

intervals not to exceed 3,000 flight cycles. 

Corrective Action 

(d) If any crack is found during any 

inspection required by paragraph (c) of this 

AD: Before further flight, repair per a method 

approved by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA; or according 

to data meeting the certification basis of the 

airplane approved by an Authorized 

Representative for the Boeing Commercial 

Airplanes Delegation Option Authorization 

Organization who has been authorized by the 

59268 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 

Manager, Seattle ACO, to make those 

findings. For a repair method to be approved, 

the approval must meet the certification basis 

of the airplane, and the approval must 

specifically reference this AD. 

Certain Actions Constitute Compliance With 

AD 98–11–03 R1 

(e) Accomplishment of the inspections 

specified in paragraph (c) of this AD is 

terminating action for the inspections 

required by AD 98–11–03 R1 that pertain to 

SSI F–11B of Boeing Document D6–48040–1, 

Boeing 727 SSID, Revision H, dated June 

1994, for the areas specified in paragraph (c) 

of this AD only. Accomplishment of the 

actions required by paragraph (c) of this AD 

does not terminate the inspections required 

by AD 98–11–03 R1 for the remaining areas 

of SSI F–11B and does not terminate the 

remaining requirements of AD 98–11–03 R1. 

No Reporting Required 

(f) Although the service bulletin referenced 

in this AD specifies to provide certain 

information to the manufacturer, this AD 

does not include that requirement. 

Alternative Methods of Compliance 

(g)(1) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, is authorized to 

approve alternative methods of compliance 

(AMOCs) for this AD. 

(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. 

Incorporation by Reference 

(h) Unless otherwise specified in this AD, 

the actions must be done in accordance with 

Boeing Alert Service Bulletin 727–53A0229, 

dated March 24, 2005. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. To get copies of 

this service information, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. To inspect 

copies of this service information, go to the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or to 

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. 

Effective Date 

(i) This amendment becomes effective on 

November 16, 2005. 

Issued in Renton, Washington, on 

September 29, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–20075 Filed 10–11–05; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0260; FRL–7738–8] 

Imidacloprid; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for the combined 

residues of imidacloprid, (1-[6-chloro-3- 

pyridinyl) methyl]-N-nitro-2- 

imidazolidinimine) and its metabolites 

containing the 6-chloropyridinyl 

moiety, all expressed as parent in or on 

pomegranates. This action is in response 

to EPA’s granting of an emergency 

exemption under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on pomegranates. 

This regulation establishes a maximum 

permissible level for residues of 

imidacloprid in this food commodity. 

The tolerance will expire and is revoked 

on December 31, 2008. 

DATES: This regulation is effective 

October 12, 2005. Objections and 

requests for hearings must be received 

on or before December 12, 2005. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2005–

0260. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone 

number:(703) 308–9367; e-mail address: 

Sec-18-Mailbox@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111) 

• Animal production (NAICS code 

112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS 

code 32532) 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available on E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with sections 408(e) and 408 

(l)(6) of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

is establishing a tolerance for the 

combined residues of imidacloprid, (1- 

[6-chloro-3-pyridinyl) methyl]-N-nitro2-imidazolidinimine) and its 

metabolites containing the 6- 

chloropyridinyl moiety, all expressed as 

parent in or on pomegranates at 0.20 

parts per million (ppm). This tolerance 

will expire and is revoked on December 

31, 2008. EPA will publish a document 

in the Federal Register to remove the 

revoked tolerance from the Code of 

Federal Regulations.