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Federal Register / Vol. 71, No.

61 / Thursday, March 30, 2006 / Rules and Regulations 16019

finalizing the interim final rules, could allow flammable fluids to build Support for NPRM
without change, as published in the up in the cavity of the aft fairing, and Southwest Airlines and AirTran
Federal Register (70 FR 55713, consequently could be ignited by the Airways support the NPRM.
September 23, 2005, and 70 FR 72355, engine exhaust nozzle located below the
December 5, 2005) will tend to engine strut, resulting in an explosion or Request To Revise Dimension Between
effectuate the declared policy of the Act. uncontrolled fire. Certain Fastener Holes
List of Subjects in 7 CFR Part 985 DATES: This AD becomes effective May Alaska Airlines requests that we
4, 2006. revise the dimension between certain
Marketing agreements, Oils and fats, fastener holes specified in Figures 3, 4,
The Director of the Federal Register
Reporting and recordkeeping 5, and 6 of Boeing Special Attention
approved the incorporation by reference
requirements, Spearmint oil. Service Bulletin 737–54–1041, dated
of certain publications listed in the AD
PART 985—MARKETING ORDER as of May 4, 2006. January 22, 2004. Alaska Airlines states
REGULATING THE HANDLING OF ADDRESSES: You may examine the AD that the dimension between an existing
SPEARMINT OIL PRODUCED IN THE docket on the Internet at http:// fastener hole and the new fastener hole
FAR WEST dms.dot.gov or in person at the Docket is called out in the ten-thousandths
Management Facility, U.S. Department (1.6772 inches); any deviation from this
■ Accordingly, the interim final rules of Transportation, 400 Seventh Street, exact measurement would require
amending 7 CFR part 985, which were SW., Nassif Building, room PL–401, approval of an alternative method of
published at 70 FR 55713 on September Washington, DC. compliance (AMOC). Alaska Airlines
23, 2005 and 70 FR 72355 on December Contact Boeing Commercial suggests dimensions of 1.67 or 1.68
5, 2005, are adopted as a final rule Airplanes, P.O. Box 3707, Seattle, inches with a standard tolerance of
without change. Washington 98124–2207, for service ±0.03 inch. If we cannot revise the
information identified in this AD. dimension, the commenter instead
Dated: March 27, 2006.
requests that we clarify why such a tight
Lloyd C. Day, FOR FURTHER INFORMATION CONTACT: tolerance would be required.
Administrator, Agricultural Marketing Doug Pegors, Aerospace Engineer, We agree with Alaska Airlines’
Service. Propulsion Branch, ANM–140S, FAA, request, since there is no technical
[FR Doc. 06–3080 Filed 3–29–06; 8:45 am] Seattle Aircraft Certification Office, justification for requiring such a tight
BILLING CODE 3410–02–P 1601 Lind Avenue, SW., Renton, tolerance between fastener holes. Since
Washington 98055–4056; telephone issuance of the NPRM, Boeing has
(425) 917–6504; fax (425) 917–6590. published Service Bulletin 737–54–
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: 1041, Revision 1, dated December 1,
Examining the Docket 2005. The procedures in Revision 1 of
Federal Aviation Administration the service bulletin are essentially the
You may examine the airworthiness same as those in the original issue,
14 CFR Part 39 directive (AD) docket on the Internet at dated January 22, 2004, which we
[Docket No. FAA–2005–20110; Directorate http://dms.dot.gov or in person at the referenced in the NPRM as the
Identifier 2004–NM–114–AD; Amendment Docket Management Facility office appropriate source of service
39–14531; AD 2006–07–04] between 9 a.m. and 5 p.m., Monday information. Revision 1 allows a
through Friday, except Federal holidays. dimension of 1.647 inches to 1.707
RIN 2120–AA64 The Docket Management Facility office inches between fastener holes.
Airworthiness Directives; Boeing (telephone (800) 647–5227) is located on Therefore, we have revised this AD to
Model 737–600, –700, –700C, –800, and the plaza level of the Nassif Building at also allow use of Revision 1 for
–900 Series Airplanes the street address stated in the accomplishing the actions specified in
ADDRESSES section. this AD. We have also revised paragraph
AGENCY: Federal Aviation (c) of this AD to reference Revision 1.
Discussion
Administration (FAA), Department of Since the effectivity of Revision 1 is the
Transportation (DOT). The FAA issued a notice of proposed same as the effectivity of the original
ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR issue, the applicability of this AD has
part 39 to include an AD that would not changed.
SUMMARY: The FAA is adopting a new apply to certain Boeing Model 737–600,
airworthiness directive (AD) for certain –700, –700C, –800, and –900 series Clarification of AMOC Paragraph
Boeing Model 737–600, –700, –700C, airplanes. That NPRM was published in We have revised this action to clarify
–800, and –900 series airplanes. This the Federal Register on January 24, the appropriate procedure for notifying
AD requires repetitive general visual 2005 (70 FR 3320). That NPRM the principal inspector before using any
inspections for dirt, debris, and drain proposed to require repetitive general approved AMOC on any airplane to
blockage and cleaning of the aft fairing visual inspections for dirt, debris, and which the AMOC applies.
cavities of the engine struts; and drain blockage and cleaning of the aft
modification of the aft fairings, which Conclusion
fairing cavities of the engine struts; and
terminates the repetitive general visual modification of the aft fairings, which We have carefully reviewed the
inspections. This AD results from a would terminate the repetitive general available data, including the comments
report indicating that water had visual inspections. received, and determined that air safety
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accumulated in the cavities of the and the public interest require adopting
Comments
engine strut aft fairings. We are issuing the AD with the changes described
this AD to prevent drain blockage by We provided the public the previously. We have determined that
debris that, when combined with opportunity to participate in the these changes will neither increase the
leaking, flammable fluid lines passing development of this AD. We have economic burden on any operator nor
through the engine strut aft fairing, considered the comments received. increase the scope of the AD.

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16020 Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations

Costs of Compliance registered airplanes. The following table


This AD affects about 1,406 airplanes provides the estimated costs for U.S.
worldwide and about 549 U.S.- operators to comply with this AD.

ESTIMATED COSTS
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts Fleet cost
airplane registered
per hour airplanes

Inspection, per inspec- 2 $65 None ........................... $130, per inspection 549 $71,370, per inspec-
tion cycle. cycle. tion cycle.
Modification .................. 5 65 $294 ............................ $619 ............................ 549 $339,831.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 the compliance times specified, unless the
actions have already been done.
Title 49 of the United States Code Air transportation, Aircraft, Aviation
specifies the FAA’s authority to issue safety, Incorporation by reference, Service Bulletin Reference
rules on aviation safety. Subtitle I, Safety. (f) The term ‘‘service bulletin,’’ as used in
Section 106, describes the authority of Adoption of the Amendment this AD, means the Accomplishment
the FAA Administrator. Subtitle VII, Instructions of Boeing Special Attention
Aviation Programs, describes in more ■ Accordingly, under the authority Service Bulletin 737–54–1041, dated January
detail the scope of the Agency’s delegated to me by the Administrator, 22, 2004; or Boeing Service Bulletin 737–54–
authority. the FAA amends 14 CFR part 39 as 1041, Revision 1, dated December 1, 2005.
We are issuing this rulemaking under follows: Repetitive Inspections of the Engine Strut Aft
the authority described in Subtitle VII, Fairings
PART 39—AIRWORTHINESS
Part A, Subpart III, Section 44701, (g) Within 4,000 flight cycles or within 30
DIRECTIVES
‘‘General requirements.’’ Under that months after the effective date of this AD,
section, Congress charges the FAA with ■ 1. The authority citation for part 39 whichever occurs first: Do the actions
promoting safe flight of civil aircraft in continues to read as follows: specified in paragraphs (g)(1) and (g)(2) of
air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. this AD.
for practices, methods, and procedures (1) Do a general visual inspection for dirt,
the Administrator finds necessary for § 39.13 [Amended] debris, and drain blockage and clean the aft
safety in air commerce. This regulation ■ 2. The Federal Aviation fairing cavity of the left engine strut, in
is within the scope of that authority Administration (FAA) amends § 39.13 accordance with Part I of the service bulletin,
because it addresses an unsafe condition by adding the following new except as provided by paragraph (h) of this
that is likely to exist or develop on airworthiness directive (AD): AD. Thereafter at intervals not to exceed
products identified in this rulemaking 4,000 flight cycles or 30 months, whichever
2006–07–04 Boeing: Amendment 39–14531. occurs first: Repeat the inspection until the
action. Docket No. FAA–2005–20110; aft fairing of the left engine strut has been
Regulatory Findings Directorate Identifier 2004–NM–114–AD. modified in accordance with paragraph (i)(1)
We have determined that this AD will Effective Date of this AD.
(a) This AD becomes effective May 4, 2006. (2) Do a general visual inspection for dirt,
not have federalism implications under
debris, and drain blockage and clean the aft
Executive Order 13132. This AD will Affected ADs fairing cavity of the right engine strut, in
not have a substantial direct effect on (b) None. accordance with Part II of the service
the States, on the relationship between bulletin, except as provided by paragraph (h)
the national government and the States, Applicability
of this AD. Thereafter at intervals not to
or on the distribution of power and (c) This AD applies to Boeing Model 737– exceed 4,000 flight cycles or 30 months,
responsibilities among the various 600, –700, –700C, –800, and –900 series whichever occurs first: Repeat the inspection
levels of government. airplanes, certificated in any category; as
until the aft fairing of the right engine strut
listed in Boeing Service Bulletin 737–54–
For the reasons discussed above, I 1041, Revision 1, dated December 1, 2005. has been modified in accordance with
certify that this AD: paragraph (i)(2) of this AD.
(1) Is not a ‘‘significant regulatory Unsafe Condition Note 1: For the purposes of this AD, a
action’’ under Executive Order 12866; (d) This AD was prompted by a report general visual inspection is: ‘‘A visual
(2) Is not a ‘‘significant rule’’ under indicating that water had accumulated in the examination of an interior or exterior area,
DOT Regulatory Policies and Procedures cavities of the engine strut aft fairings. We are installation, or assembly to detect obvious
issuing this AD to prevent drain blockage by damage, failure, or irregularity. This level of
(44 FR 11034, February 26, 1979); and debris that, when combined with leaking,
(3) Will not have a significant inspection is made from within touching
flammable fluid lines passing through the distance unless otherwise specified. A mirror
economic impact, positive or negative, engine strut aft fairing, could allow may be necessary to ensure visual access to
on a substantial number of small entities flammable fluids to build up in the cavity of
all surfaces in the inspection area. This level
under the criteria of the Regulatory the aft fairing, and consequently could be
of inspection is made under normally
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Flexibility Act. ignited by the engine exhaust nozzle located


below the engine strut, resulting in an available lighting conditions such as
We prepared a regulatory evaluation daylight, hangar lighting, flashlight, or
explosion or uncontrolled fire.
of the estimated costs to comply with droplight and may require removal or
this AD and placed it in the AD docket. Compliance opening of access panels or doors. Stands,
See the ADDRESSES section for a location (e) You are responsible for having the ladders, or platforms may be required to gain
to examine the regulatory evaluation. actions required by this AD performed within proximity to the area being checked.’’

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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations 16021

Approved Equivalent Procedure Issued in Renton, Washington, on March SUPPLEMENTARY INFORMATION:


(h) If the service bulletin specifies that the 17, 2006.
Ali Bahrami, Examining the Docket
general visual inspection and cleaning of the
aft fairing cavity of the left or right engine Manager, Transport Airplane Directorate, You may examine the airworthiness
strut may be accomplished per an ‘‘approved Aircraft Certification Service. directive (AD) docket on the Internet at
equivalent procedure’’: The general visual [FR Doc. 06–2958 Filed 3–29–06; 8:45 am] http://dms.dot.gov or in person at the
inspection or cleaning must be accomplished BILLING CODE 4910–13–P Docket Management Facility office
in accordance with the chapter of the Boeing between 9 a.m. and 5 p.m., Monday
737–600/700/800/900 Airplane Maintenance through Friday, except Federal holidays.
Manual specified in the service bulletin. DEPARTMENT OF TRANSPORTATION The Docket Management Facility office
Modification of the Engine Strut Aft Fairings (telephone (800) 647–5227) is located on
Federal Aviation Administration the plaza level of the Nassif Building at
(i) Within 9,000 flight cycles after the
effective date of this AD, do the actions the street address stated in the
specified in paragraphs (i)(1) and (i)(2) of this 14 CFR Part 39 ADDRESSES section.
AD. [Docket No. FAA–2005–22456; Directorate
(1) Modify the aft fairing of the left engine
Discussion
Identifier 2005–NM–128–AD; Amendment
strut, in accordance with Part III of the 39–14530; AD 2006–07–03] The FAA issued a notice of proposed
service bulletin; and after accomplishing the rulemaking (NPRM) to amend 14 CFR
modification but before further flight, inspect RIN 2120–AA64
part 39 to include an AD that would
and clean the drain system of the aft fairing apply to certain Airbus Model A321–
in accordance with Part I of the service Airworthiness Directives; Airbus Model
A321–100 and –200 Series Airplanes 100 and –200 series airplanes. That
bulletin. This modification terminates the
repetitive inspections required by paragraph
NPRM was published in the Federal
AGENCY: Federal Aviation Register on September 19, 2005 (70 FR
(g)(1) of this AD.
Administration (FAA), Department of 54854). That NPRM proposed to require
(2) Modify the aft fairing of the right engine
strut, in accordance with Part IV of the
Transportation (DOT). replacing the crashworthiness pins on
service bulletin; and after accomplishing the ACTION: Final rule. the side-stay of the main landing gear
modification but before further flight, inspect (MLG) with new pins having an
and clean the drain system of the aft fairing SUMMARY: The FAA is adopting a new increased internal notch diameter.
in accordance with Part II of the service airworthiness directive (AD) for certain
bulletin. This modification terminates the Airbus Model A321–100 and –200 series Comments
repetitive inspections required by paragraph airplanes. This AD requires replacing We provided the public the
(g)(2) of this AD. the crashworthiness pins on the side- opportunity to participate in the
Alternative Methods of Compliance
stay of the main landing gear (MLG) development of this AD. We have
(AMOCs) with new pins having an increased considered the comments received.
internal notch diameter. This AD results
(j)(1) The Manager, Seattle Aircraft Request To Refer to Parts Manufacturer
Certification Office, FAA, has the authority to
from testing on the side-stay
crashworthiness pins on the MLG, Approval (PMA) Parts
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 which revealed that, in the case of an One commenter requests that we
CFR 39.19. emergency landing, the crashworthiness change the language in the proposed AD
(2) Before using any AMOC approved in pins installed will not ensure a correct to permit installation of PMA equivalent
accordance with 14 CFR 39.19 on any MLG collapse. We are issuing this AD parts. The commenter notes that it is
airplane to which the AMOC applies, notify to prevent a punctured fuel tank, which possible that a new and improved PMA
the appropriate principal inspector in the could cause damage to the airplane or
FAA Flight Standards Certificate Holding
version of the defective original part
injury to passengers. may already exist in the marketplace.
District Office.
DATES: This AD becomes effective May The commenter states that the mandated
Material Incorporated by Reference 4, 2006. installation of a certain part number
(k) You must use Boeing Special Attention The Director of the Federal Register ‘‘places the AD in conflict with existing
Service Bulletin 737–54–1041, dated January approved the incorporation by reference law (FAR 21.303),’’ which permits the
22, 2004; or Boeing Service Bulletin 737–54– of a certain publication listed in the AD installation of other (PMA) parts.
1041, Revision 1, dated December 1, 2005, to as of May 4, 2006. We infer that the commenter would
perform the actions that are required by this ADDRESSES: You may examine the AD
AD, unless the AD specifies otherwise. The
like the AD to permit installation of any
docket on the Internet at http:// equivalent PMA parts so that it would
Director of the Federal Register approved the
dms.dot.gov or in person at the Docket not be necessary for an operator to
incorporation by reference of these
documents in accordance with 5 U.S.C. Management Facility, U.S. Department request approval of an alternative
552(a) and 1 CFR part 51. Contact Boeing of Transportation, 400 Seventh Street, method of compliance (AMOC) in order
Commercial Airplanes, P.O. Box 3707, SW., Nassif Building, room PL–401, to install an ‘‘equivalent’’ PMA part.
Seattle, Washington 98124–2207, for a copy Washington, DC. Whether an alternative part is
of this service information. You may review Contact Airbus, 1 Rond Point Maurice ‘‘equivalent’’ in adequately resolving the
copies at the Docket Management Facility, Bellonte, 31707 Blagnac Cedex, France, unsafe condition can be determined
U.S. Department of Transportation, 400 for service information identified in this only on a case-by-case basis based on a
Seventh Street, SW., room PL–401, Nassif AD. complete understanding of the unsafe
Building, Washington, DC; on the Internet at
FOR FURTHER INFORMATION CONTACT: Dan condition. We are not currently aware of
http://dms.dot.gov; or at the National
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Archives and Records Administration


Rodina, Aerospace Engineer, any such parts. According to our policy,
(NARA). For information on the availability International Branch, ANM–116, FAA, in order for operators to replace a part
of this material at the NARA, call (202) 741– Transport Airplane Directorate, 1601 with one that is not specified in the AD,
6030, or go to http://www.archives.gov/ Lind Avenue, SW., Renton, Washington they must request an AMOC. This is
federal_register/code_of_federal_regulations/ 98055–4056; telephone (425) 227–2125; necessary so that we can make a specific
ibr_locations.html. fax (425) 227–1149. determination that an alternative part is

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