61716 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

■ 2. Amend § 713.4 by revising 

paragraph (a) to read as follows: 

§ 713.4 What bond forms may be used? 

(a) A current listing of basic bond 

forms that may be used without prior 

NCUA Board approval is on NCUA’s 

Web site, http://www.ncua.gov. If you 

are unable to access the NCUA Web site, 

you can get a current listing of approved 

bond forms by contacting NCUA’s 

Public and Congressional Affairs Office, 

at (703) 518–6330. 

* * * * * 

■ 3. Amend § 713.5 by revising 

paragraphs (a) and (b) to read as follows: 

§ 713.5 What is the required minimum 

dollar amount of coverage? 

(a) The minimum required amount of 

fidelity bond coverage for any single 

loss is computed based on a federal 

credit union’s total assets. 

Assets Minimum bond 

$0 to $4,000,000 ...................................................................................... Lesser of total assets or $250,000. 

$4,000,001 to $50,000,000 ...................................................................... $100,000 plus $50,000 for each million or fraction thereof over 

$1,000,000. 

$50,000,000 to $500,000,000 .................................................................. $2,550,000 plus $10,000 for each million or fraction thereof over 

$50,000,000, to a maximum of $5,000,000. 

Over $500,000,000 ................................................................................... One percent of assets, rounded to the nearest hundred million, to a 

maximum of $9,000,000. 

(b) This is the minimum coverage 

required, but a federal credit union’s 

board of directors should purchase 

additional or enhanced coverage when 

its circumstances warrant. In making 

this determination, a board of directors 

should consider its own internal risk 

assessment, its fraud trends and loss 

experience, and factors such as its cash 

on hand, cash in transit, and the nature 

and risks inherent in any expanded 

services it offers such as wire transfer 

and remittance services. 

* * * * * 

■ 4. Amend § 713.6 by revising 

paragraph (a)(1) and adding paragraph 

(c) to read as follows: 

§ 713.6 What is the permissible 

deductible? 

(a)(1)The maximum amount of 

allowable deductible is computed based 

on a federal credit union’s asset size and 

capital level, as follows: 

Assets Maximum deductible 

$0 to $100,000 ......................................................................................... No deductible allowed. 

$100,001 to $250,000 .............................................................................. $1,000. 

$250,000 to $1,000,000 ........................................................................... $2,000. 

Over $1,000,000 ....................................................................................... $2,000 plus 1/1000 of total assets up to a maximum of $200,000; for 

credit unions over $1 million in assets that qualify for NCUA’s Regulatory Flexibility Program in Part 742, the maximum deductible is 

$1,000,000. 

* * * * * 

(c) A credit union’s eligibility to 

qualify for a deductible in excess of 

$200,000 is determined based on it 

having assets in excess of $1 million as 

reflected in its most recent year-end 

5300 call report and, as of that same 

year-end, qualifying for NCUA’s 

Regulatory Flexibility Program under 

part 742 of this title as determined by 

its most recent examination report. A 

credit union that previously qualified 

for a deductible in excess of $200,000, 

but that subsequently fails to qualify 

based on its most recent year-end 5300 

call report because either its assets have 

decreased or it no longer meets the net 

worth requirements of part 742 of this 

title or fails to meet the CAMEL rating 

requirements of part 742 of this title as 

determined by its most recent 

examination report, must obtain the 

coverage otherwise required by 

paragraph (b) of this section within 30 

days of filing its year-end call report and 

must notify the appropriate NCUA 

regional office in writing of its changed 

status and confirm that it has obtained 

the required coverage. 

PART 741—REQUIREMENTS FOR 

INSURANCE 

■ 1. The authority citation for part 741 

continues to read as follows: 

Authority: 12 U.S.C. 1757, 1766, 1781–

1790, and 1790d. 

■ 2. Amend § 741.201 by revising 

paragraph (b) to read as follows: 

§ 741.201 Minimum fidelity bond 

requirements. 

* * * * * 

(b) Corporate credit unions must 

comply with § 704.18 of this chapter in 

lieu of part 713 of this chapter. 

[FR Doc. 05–21326 Filed 10–25–05; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20473; Directorate 

Identifier 2004–NM–156–AD; Amendment 

39–14351; AD 2005–22–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200, –200PF, 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 757–200, –200PF, and 

–300 series airplanes. This AD requires 

inspecting for damage of the ground 

brackets, ground wires, and terminal 

lugs of the auxiliary power unit (APU) 

battery and the APU start transformer 

rectifier unit (TRU) as applicable; and 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61717 

corrective and related investigative 

actions. This AD results from reports 

indicating that during inspections on 

two airplanes, the ground brackets for 

the APU battery were found damaged. 

We are issuing this AD to detect and 

correct a damaged electrical bonding 

surface of the APU battery and APU 

start TRU ground connections, which 

could cause overheating of the ground 

connections and lead to possible 

consequent ignition of the adjacent 

insulating blankets. 

DATES: This AD becomes effective 

November 30, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 30, 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. 

FOR FURTHER INFORMATION CONTACT: 

Elias Natsiopoulos, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6478; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 757–200, 

–200PF, and –300 series airplanes. That 

NPRM was published in the Federal 

Register on March 3, 2005 (70 FR 

10344). That NPRM proposed to require 

inspecting for damage of the ground 

brackets, ground wires, and terminal 

lugs of the auxiliary power unit (APU) 

battery and the APU start transformer 

rectifier unit (TRU) as applicable; and 

corrective and related investigative 

actions. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for the Proposed Rule 

Two commenters have reviewed the 

subject NPRM and concur with the 

content and 18 month compliance 

timetable of the proposed AD. 

Request for Deferral of Corrective 

Actions 

One commenter requests that we 

allow a deferral of 30 to 60 days, not to 

exceed the compliance time of 18 

months from the issue date of the AD, 

to accomplish any required repair or 

replacement of damaged parts 

discovered during the required 

inspection. The commenter is 

concerned that additional time may be 

needed after the inspection to 

accomplish the corrective actions and 

states that the NPRM does not specify 

when the applicable corrective actions 

and related investigative actions should 

be accomplished, only that they must be 

accomplished within 18 months after 

the effective date of the AD. 

We agree with the intent of the 

commenter’s request. We have 

determined that, in this case, safety will 

not be compromised if the applicable 

corrective actions and related 

investigative actions are not 

accomplished immediately after the 

inspection, provided such actions are 

accomplished within the 18 month 

compliance time specified in paragraph 

(f) of the AD. It is not necessary to 

change the AD to meet the intent of the 

commenter’s request. 

Request to Cite Affected AD 

Two commenters request that 

paragraph (b) of the NPRM be revised to 

refer to AD 97–15–09, amendment 39–

10083 (July 17, 1997, 62 FR 38204), as 

an affected rule, and request that the 

proposed AD be revised to clarify how 

it is affected by AD 97–15–09 and FAA 

Alternate Means of Compliance (AMOC) 

98–130S–149R1, dated August 6, 1998. 

One commenter believes that the 

proposed AD should supersede AD 97–

15–09, which is applicable to all Model 

757 airplanes. 

We agree that AD 97–15–09 is related 

to this AD because AD 97–15–09 applies 

to the same APU battery and TRU 

ground assemblies as this AD, and 

because AD 97–15–09 is applicable to 

all Model 757 airplanes. However, we 

do not agree that this AD should 

supersede AD 97–15–09, because the 

failure conditions addressed by AD 97–

15–09 are not the same as the failure 

condition addressed by this AD. For 

Model 757 airplanes having line number 

(L/N) 1 through 777 inclusive, the 

AMOC and terminating action for AD 

97–15–09 are specified in Boeing 

Service Bulletin 757–24A0080, dated 

April 23, 1998—as well as Revision 1, 

dated May 20, 1999, Revision 2, dated 

March 29, 2001, or Revision 3, dated 

November 4, 2004—which specifies, 

among other things, replacing the 

ground brackets. Model 757 airplanes 

having L/N 778 and subsequent were in 

production when AD 97–15–09 was 

issued. The AMOC and terminating 

action for AD 97–15–09 resulted from 

design changes made during production 

of Model 757 airplanes having L/N 778 

and subsequent, and those design 

changes were approved in FAA AMOC 

98–130S–149R1, dated August 6, 1998. 

However, the production process used 

to clean the electrical bonding surfaces 

of the grounding bracket and frame of 

Model 757 airplanes having L/N 778 

and subsequent was incorrect and did 

not reflect the actions specified in 

Service Bulletin 757–24A0080, resulting 

in overheating of the ground assemblies. 

This AD applies only to Model 757 

airplanes having L/N 778 and 

subsequent; Model 757 airplanes having 

L/N 1 through 777 inclusive require no 

further action according to this AD, 

provided those airplanes are repetitively 

inspected per AD 97–15–09, or the 

terminating actions specified in Service 

Bulletin 757–24A0080 have been 

correctly incorporated. Therefore, 

although AD 97–15–09 is related to this 

AD, it is not affected by this AD. We 

have not changed this AD in this regard. 

Request to Clarify Applicability of 

Proposed AD to Certain Service 

Information 

One commenter requests that we 

clarify how the actions in the NPRM 

apply to the actions specified by Alert 

Service Bulletin 757–24A0080, which 

provides the terminating action for AD 

97–15–09. The commenter states that 

accomplishing Alert Service Bulletin 

757–24A0080 may result in the same 

unsafe condition that occurred in 

airplanes having L/N 778 and 

subsequent, that were modified in 

accordance with Boeing Production 

Revision Record (PRR) 54530–186. The 

commenter asserts that the AD should 

address this possibility. 

We agree with the commenter’s 

concern, since the unsafe condition that 

is the subject of this AD was detected on 

airplanes produced in accordance with 

PRR 54530–186. Certain production 

type design changes were the same (for 

airplanes having L/N 778 and 

subsequent) as those specified in Alert 

61718 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

Service Bulletin 757–24A0080—which 

provides the terminating action in AD 

97–15–09 for airplanes L/N 1 through 

777 inclusive. However, as already 

discussed, the unsafe condition 

addressed by this AD resulted from 

using an incorrect method to clean the 

bonding surfaces of the ground bracket 

and frame during the production of 

certain airplanes having L/N 778 and 

subsequent. The manufacturer advises 

that the bonding surface cleaning 

process specified in Alert Service 

Bulletin 757–24A0080 is the correct 

process. Therefore, no change is needed 

to the AD in this regard. Operators 

should note that the manufacturer has 

informed us that Model 757 airplanes 

having L/N 1029 and subsequent 

received the design change in 

production using the correct bonding 

surface cleaning process; therefore, only 

airplanes having L/N 778 through 1028 

inclusive are affected by this AD. 

Request to Include Electrical Check 

One commenter requests that we 

revise the NPRM—as well as Figure 1 

and the associated Work Instructions of 

Boeing Alert Service Bulletin 757–

24A0099, dated March 25, 2004—to 

allow an initial detailed visual 

inspection (DVI) for discoloration and 

signs of overheating of the ground 

bracket and terminal, followed by a 

bonding resistance check between the 

ground bracket and terminal lug, rather 

than disconnecting the ground wire 

from the terminal bracket for the initial 

inspection. The commenter contends 

that, if the DVI discloses no evidence of 

discoloration or overheating, and the 

measured resistance does not exceed 

0.0001 ohm, the ground connection is 

acceptable for service and further 

inspection or action is unnecessary and 

shouldn’t be required for the ground 

components. Further, the commenter 

asserts that adding the DVI step will 

make the NPRM consistent with AD 97–

15–09 and Alert Service Bulletin 757–

24A0080. 

We do not agree with this request. 

The unsafe condition results from the 

incorrect process used to clean the 

bonding surfaces of the ground bracket 

and wire terminal, which failed to 

remove an anodized finish that reduces 

conductivity from those ground 

components. We have determined that it 

may be possible for those anodized 

ground components to display no 

evidence of discoloration or overheating 

during a DVI and to pass the bonding 

resistance check, but to deteriorate with 

time and service, resulting in the unsafe 

condition this AD intends to correct. 

Therefore, the inspections and actions 

specified in the applicable service 

bulletins must be accomplished to 

correct the unsafe condition addressed 

by this AD, which, as discussed earlier, 

is not the same as the unsafe condition 

addressed by AD 97–15–09 and Alert 

Service Bulletin 757–24A0080. We have 

not changed the AD in this regard. 

Request to Replace Reference to 

Standard Overhaul Practices Manual 

The same commenter requests that we 

revise the service bulletins by replacing 

the references to the cleaning method of 

faying bonding surfaces specified in the 

Standard Overhaul Practices Manual 

(SOPM), section 20–11–03, with the 

method specified by the Standard 

Wiring Practices Manual (SWPM), 

section 20–20–00. The commenter 

provided no justification for this 

request. 

We do not agree with this request. We 

have examined the specified methods 

and have determined that SOPM section 

20–11–03 provides the correct method 

for cleaning faying surface bond. We 

have not changed the AD in this regard. 

Request to Identify Service Bulletins in 

Costs of Compliance 

One commenter requests that we 

revise the Costs of Compliance section 

of the NPRM to specify which airplane 

groups are affected by Boeing Alert 

Service Bulletin 757–24A0099, and 

which airplane groups are affected 

groups by Boeing Alert Service Bulletin 

757–24A0100, both dated March 25, 

2004. The commenter gave no 

justification for this request. 

We partially agree with this request. 

Though costs are determined in part 

from the estimated number of work 

hours specified in the applicable service 

bulletins for each group of airplanes, 

specifying which service bulletin 

provided the information for which 

group(s) of airplanes would have no 

effect on the total costs of the AD. 

However, to minimize any possible 

confusion, we have revised the Costs of 

Compliance in the AD as requested. 

Request to Revise Cost Estimate 

One commenter requests that we 

revise the Cost of Compliance section of 

the NPRM to agree with the work hours 

specified by the service bulletins. The 

commenter states that the cost of the 

work hours estimated by the 

manufacturer is considerably higher 

than the cost specified in the NPRM. 

The commenter also requests that we 

include the costs for materials and parts 

needed to repair any damaged ground 

components. The commenter states that 

materials and parts form a significant 

part of the costs of any airplane 

modification. 

We do not agree with this request. 

The economic analysis of an AD is 

limited to the cost of actions that are 

actually required by the AD. The 

economic analysis does not consider the 

costs of conditional actions, such as the 

work hours that might be needed to 

repair a broken ground bracket detected 

during a required inspection (‘‘repair, if 

necessary’’), or the costs for parts and 

materials needed to accomplish such a 

repair. Such conditional repairs would 

be required—whether or not the AD 

directs such repairs—to correct an 

unsafe condition discovered in an 

airplane and to ensure that the airplane 

is operated in an airworthy condition, as 

required by the Federal Aviation 

Regulations. No change is needed to the 

AD in this regard. 

Request to Supply Torque Information 

One commenter requests that we 

revise the NPRM, or the applicable 

service bulletin, to explicitly specify the 

torque required to tighten the screw/nut 

used to secure the ground wire terminal 

lug to the ground bracket. The 

commenter contends that SWPM section 

20–30–00, which is specified as the 

source information for determining the 

applicable torque, lists a range of torque 

values for various stud sizes and states 

that the proper torque value is critical 

to the proper function of these 

components. 

We agree that the correct torque is 

critical for proper accomplishment of 

this AD. Improper torque will affect the 

electrical conductivity of the ground 

terminals and could result in another 

unsafe condition. However, we do not 

agree that it is necessary for the AD to 

specify an exact torque value. Torque 

limits for specific stud sizes are 

specified in the SWPM, which is 

controlled and maintained by the 

manufacturer. We have not changed the 

AD 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 

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. 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61719 

Costs of Compliance 

There are about 251 airplanes of the 

affected design in the worldwide fleet. 

This AD will affect about 159 airplanes 

of U.S. registry. 

For about 89 Group 1 airplanes as 

identified in Alert Service Bulletin 757–

24A0099 and Alert Service Bulletin 

757–24A0100, as applicable: The 

inspection and cleaning of the ground 

connections will take about 2 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Based on 

these figures, the estimated cost of the 

AD for U.S. operators is $11,570, or 

$130 per airplane. 

For about 64 Group 2 airplanes as 

identified in Alert Service Bulletin 757–

24A0099: The inspection and cleaning 

of the ground connection will take about 

1 work hour per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the AD for U.S. operators is $4,160, or 

$65 per airplane. 

For about 6 Group 3 airplanes as 

identified in Alert Service Bulletin 757–

24A0099: The inspection and cleaning 

of the ground connections will take 

about 2 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the AD for U.S. operators is $780, 

or $130 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 

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): 

2005–22–07 Boeing: Amendment 39–14351. 

Docket No. FAA–2005–20473; 

Directorate Identifier 2004–NM–156–AD. 

Effective Date 

(a) This AD becomes effective November 

30, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 757–

200, –200PF, and –300 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 757–24A0099 

and Boeing Alert Service Bulletin 757–

24A0100, both dated March 25, 2004. 

Unsafe Condition 

(d) This AD was prompted by reports 

indicating that during inspections on two 

airplanes, the ground brackets for the 

auxiliary power unit (APU) battery were 

found damaged. We are issuing this AD to 

detect and correct a damaged electrical 

bonding surface of the APU battery and APU 

start transformer rectifier unit (TRU) ground 

connections, which could cause overheating 

of the ground connections and lead to 

possible consequent ignition of the adjacent 

insulating blankets. 

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 of Ground Connections 

(f) Within 18 months after the effective 

date of this AD, perform a general visual 

inspection for damage of the ground brackets, 

ground wires, and terminal lugs of the APU 

battery and APU start TRU, and do any 

corrective and related investigative actions; 

by doing all the actions specified in the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 757–24A0099 (for Model 

757–200 and –200PF series airplanes) or 

Boeing Alert Service Bulletin 757–24A0100 

(for Model 757–300 series airplanes), both 

dated March 25, 2004, as applicable. 

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 normal available 

lighting conditions such as daylight, hangar 

lighting, flashlight or drop-light 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.’’

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office, 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 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. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 757–24A0099, dated March 25, 

2004; or Boeing Alert Service Bulletin 757–

24A0100, dated March 25, 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 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 

61720 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

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 October 

18, 2005. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21311 Filed 10–25–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22170; Directorate 

Identifier 2005–NM–073–AD; Amendment 

39–14349; AD 2005–22–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A320–111, –211, –212, and –231 

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 

Airbus Model A320–111, –211, –212, 

and –231 airplanes. This AD requires, 

for certain airplanes, modifying the 

cables and access holes to the inner tank 

fuel pumps; and, for certain other 

airplanes, inspecting the fuel pump 

access holes and modifying the access 

holes, if necessary. This AD results from 

fuel system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent chafing of the fuel pump cables, 

which could result in electrical arcing 

and possible ignition of fuel vapors and 

consequent explosion of the fuel tank. 

DATES: This AD becomes effective 

November 30, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 30, 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 Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

AD. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 Airbus Model A320–

111, –211, –212, and –231 airplanes. 

That NPRM was published in the 

Federal Register on August 23, 2005 (70 

FR 49213). That NPRM proposed to 

require, for certain airplanes, modifying 

the cables and access holes to the inner 

tank fuel pumps; and, for certain other 

airplanes, inspecting the fuel pump 

access holes and modifying the access 

holes, if necessary. 

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 NPRM. 

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. 

Editorial Change 

As stated in the ‘‘Relevant Service 

Information’’ section of the NPRM, 

Airbus Service Bulletin A320–28–1054, 

dated August 23, 1993, describes 

procedures for performing an 

inspection, and ‘‘as applicable, 

modifying the fuel pump access holes.’’

We have revised paragraph (f)(2) of the 

final rule to state ‘‘* * * modify the 

access holes, as applicable * * *’’

instead of ‘‘* * * modify the access 

holes, as necessary * * *.’’

Conclusion 

We have carefully reviewed the 

available data, including the comment 

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 

This AD will affect about 17 airplanes 

of U.S. registry. The actions will be 

performed at an average labor rate of 

$65 per work hour, and any needed 

parts will be supplied from operator 

inventory. 

For about 7 U.S.-registered airplanes 

subject to Airbus Service Bulletin 

A320–28–1008, Revision 1, dated April 

10, 1989, the modification will take 

about 3 work hours. Based on these 

figures, the estimated cost of this 

modification for U.S. operators is 

$1,365, or $195 per airplane. 

For about 10 U.S.-registered airplanes 

subject to Airbus Service Bulletin 

A320–28–1054, dated August 23, 1993, 

the inspection will take about 1 work 

hour. Based on these figures, the 

estimated cost of this inspection for U.S. 

operators is $650, or $65 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 

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;