Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70711 

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

EMBRAER service bulletin Change 

level Date 

145–49–0009 ................................................................................................................................................... 09 April 12, 2005. 

145–49–0017 ................................................................................................................................................... 01 June 7, 2001. 

145–49–0018 ................................................................................................................................................... 04 November 26, 2002. 

EMBRAER Service Bulletin 145–49–0017, 

Change 01, dated June 7, 2001, contains the 

following effective pages: 

Page No. 

Change 

level shown 

on page 

Date shown on 

page 

1, 2 ......... 01 .............. June 7, 2001. 

3–10 ....... Original ...... May 15, 2001. 

EMBRAER Service Bulletin 145–49–0018, 

Change 04, dated November 26, 2002, 

contains the following effective pages: 

Page No. 

Change 

level shown 

on page 

Date shown on 

page 

1, 2 ......... 04 .............. November 26, 

2002. 

3–14 ....... 03 .............. January 3, 2002. 

Issued in Renton, Washington, on October 

31, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22972 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20629; Directorate 

Identifier 2004–NM–266–AD; Amendment 

39–14384; AD 2005–24–04] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 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 767–300 series airplanes. 

This AD requires replacing the 

frequency converters used to supply 

power for medical and galley utility 

outlets with modified frequency 

converters, and related actions. This AD 

results from a report indicating that a 

hard short circuit condition between the 

output of certain frequency converters 

and their downstream circuit breakers 

will produce a continuous output 

current that could cause the undersized 

output wiring to overheat when the 

frequency converters fail to shut off. We 

are issuing this AD to prevent 

overheating of the output wiring of the 

frequency converters, which could 

result in the failure of a wire bundle and 

consequent adverse effects on other 

systems sharing the affected wire 

bundle. 

DATES: Effective December 28, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 28, 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: 

Binh Tran, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6485; 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 767–300 

series airplanes. That NPRM was 

published in the Federal Register on 

March 17, 2005 (70 FR 12986). That 

NPRM proposed to require replacing the 

frequency converters used to supply 

power for medical outlets with modified 

frequency converters, and related 

actions. 

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 Date of Referenced 

Service Bulletin 

One commenter, the manufacturer, 

requests that we revise the release date 

of the service bulletin referenced in the 

NPRM. The commenter states that the 

correct reference is Boeing Service 

Bulletin 767–25–0334, Revision 1, dated 

June 19, 2003. 

We agree. We inadvertently 

referenced the incorrect release date of 

Boeing Service Bulletin 767–25–0334, 

Revision 1. Therefore, we have revised 

paragraphs (c) and (f) of this AD to 

include the correct release date. 

Request To Clarify Use of Frequency 

Converters 

The same commenter requests that we 

revise the ‘‘Summary’’ and ‘‘Relevant 

Service Information’’ sections of the 

NPRM to specify that the affected 

frequency converters are also used for 

supplying power to galley utility 

outlets. 

We agree. We have revised the 

‘‘Summary’’ section and paragraph (f) of 

this AD to clarify that the affected 

frequency converters are used to supply 

power to ‘‘* * * medical and galley 

utility outlets * * *.’’ However, since 

the ‘‘Relevant Service Information’’

section of the preamble does not 

reappear in the final rule, we have not 

made that change. 

Request To Use Alternative Method of 

Compliance (AMOC) 

A second commenter, an operator, 

requests that we include an option to 

remove and deactivate the affected 

frequency converters and wiring, 

instead of replacing the affected 

frequency converters. The commenter 

states that it is not currently using the 

medical outlets and has removed the 

affected frequency converters from its 

70712 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

airplanes. The commenter also states 

that, if the medical outlets are later 

reactivated, the NPRM should require 

installing modified frequency 

converters. 

We agree that removing and 

deactivating the affected frequency 

converters is adequate for addressing 

the unsafe condition of this AD. We 

have moved the proposed requirement 

to replace the affected frequency 

converters to new paragraph (f)(1) of 

this supplemental NPRM and have 

added new paragraph (f)(2) to this 

supplemental NPRM, which gives 

operators the option of deactivating the 

affected frequency converters. Before a 

deactivated frequency convert can be reinstalled on an airplane, paragraph (f)(2) 

also would require modifying the 

affected frequency converters in 

accordance with Boeing Service Bulletin 

767–25–0334, Revision 1, dated June 19, 

2003. 

Request To Reference Parts 

Manufacturer Approval (PMA) Parts 

A third commenter requests that we 

identify the model and part number of 

the affected frequency converters in the 

NPRM. The commenter states that the 

parts manufacturer of the affected 

frequency converters produces parts 

both as an original equipment 

manufacturer (OEM) supplier and as a 

direct seller under a PMA. The 

commenter asserts that, since parts 

manufacturers are encouraged to use 

different part numbers for PMA and 

OEM parts, a PMA part identical to the 

OEM part, but having a different part 

number, might be installed on an 

airplane. The commenter requests that 

the NPRM account for any PMA parts 

that might contain the same deficiencies 

as an OEM part and be installed in its 

place. 

We do not concur with the 

commenter’s request. Our available 

information indicates that any existing 

PMA frequency converter installed on 

any affected airplane retains the OEM 

original part number and, therefore, 

would be required to be removed in 

accordance with the Boeing service 

bulletin referenced in this AD as the 

appropriate source of service 

information. Once the existing parts are 

removed, the operator must replace it 

with the part numbers specified in the 

service bulletin in order to be in 

compliance with this AD. No change to 

the final rule is necessary in this regard. 

Regarding the commenter’s request to 

address PMA part numbers in ADs, in 

general, the Transport Airplane 

Directorate currently is in the process of 

reviewing this issue as it applies to 

transport category airplanes. Once we 

have thoroughly examined all aspects of 

this issue and have made a final 

determination, we will consider 

whether our policy regarding addressing 

PMA parts in ADs needs to be revised. 

We consider that to delay this AD action 

would be inappropriate, since we have 

determined that an unsafe condition 

exists and that replacement of certain 

parts must be accomplished to ensure 

continued safety. Therefore, no change 

has been made to the final rule in this 

regard. 

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 55 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 54 airplanes of 

U.S. registry. The actions in this AD 

take about 1 work hour per frequency 

converter, at an average labor rate of $65 

per work hour. There are about 2 

frequency converters per airplane. 

Based on these figures, the estimated 

cost of the AD for U.S. operators is 

$7,020, 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): 

2005–24–04 Boeing: Amendment 39–14384. 

Docket No. FAA–2005–20629; 

Directorate Identifier 2004–NM–266–AD. 

Effective Date 

(a) This AD becomes effective December 

28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767–

300 series airplanes, certificated in any 

category; as identified in Boeing Service 

Bulletin 767–25–0334, Revision 1, dated June 

19, 2003. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that a hard short circuit condition 

between the output of certain frequency 

converters and their downstream circuit 

breakers will produce a continuous output 

current that could cause the undersized 

output wiring to overheat when the 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70713 

frequency converters fail to shut off. We are 

issuing this AD to prevent overheating of the 

output wiring of the frequency converters, 

which could result in the failure of a wire 

bundle and consequent adverse effects on 

other systems sharing the affected wire 

bundle. 

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. 

Replace Frequency Converters 

(f) Within 18 months after the effective 

date of this AD, do the actions specified in 

either paragraph (f)(1) or (f)(2) of this AD. 

(1) Replace the frequency converters used 

to supply power for medical and galley 

utility outlets with modified frequency 

converters, and do any related actions, by 

doing all of the actions specified in the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–25–0334, Revision 1, 

dated June 19, 2003. 

(2) Remove and deactivate the frequency 

converters used to supply power for medical 

and galley utility outlets, and cap and stow 

the frequency converter wire bundles, in 

accordance with B.1. through B.6. of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–25–0334, Revision 1, 

dated June 19, 2003. As of the effective date 

of this AD, no person may install a frequency 

converter that has been removed and 

deactivated in accordance with this 

paragraph, unless it is modified in 

accordance with the Accomplishment 

Instructions of the service bulletin. 

Credit for Previous Service Bulletin 

(g) Actions done before the effective date 

of this AD in accordance with Boeing Service 

Bulletin 767–25–0334, dated November 7, 

2002, are acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

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 Service Bulletin 

767–25–0334, Revision 1, dated June 19, 

2003, 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 

November 10, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–23054 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–19682; Directorate 

Identifier 2004–NM–88–AD; Amendment 39–

14383; AD 2005–24–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, and –800 

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 737–600, –700, –700C, 

and –800 series airplanes. This AD 

requires inspecting/measuring the 

length of the attachment fasteners 

between the nacelle support fittings and 

the lower wing skin panels, and related 

investigative/corrective actions if 

necessary. This AD results from a report 

from the manufacturer that in 

production, during the installation of 

certain attachment fasteners for the 

nacelle support fittings, only one 

washer was installed instead of two. We 

are issuing this AD to prevent 

inadequate fastener clamp-up, which 

could result in cracking of the fastener 

holes, cracking along the lower wing 

skin panels, fuel leaking from the wing 

fuel tanks onto the engines, and possible 

fire. 

DATES: This AD becomes effective 

December 28, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 28, 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, PO Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6440; 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 737–600, 

–700, –700C, and –800 series airplanes. 

That NPRM was published in the 

Federal Register on November 24, 2004 

(69 FR 68268). That NPRM proposed to 

require inspecting/measuring the length 

of the attachment fasteners between the 

nacelle support fittings and the lower 

wing skin panels, and related 

investigative/corrective actions if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for the NPRM 

One commenter supports the actions 

described in the NPRM. 

Notice of Service Bulletin Revision 

One commenter, the manufacturer, 

notes that there is an error in the 

variable numbers listed in the effectivity 

of Boeing Service Bulletin 737–57–1275, 

dated September 4, 2003 (which was 

referenced as the appropriate source of 

service information for accomplishing 

the proposed actions). The commenter 

states that this error is corrected in the 

next revision of the service bulletin and 

that correcting this error in the service 

bulletin will not alter the NPRM’s 

applicability. 

We agree with the commenter that the 

applicability of this AD is not affected 

by the change in variable numbers. The 

applicability of this AD refers to the 

airplane line numbers and not to the 

variable numbers.