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62886 Federal Register / Vol. 71, No.

208 / Friday, October 27, 2006 / Rules and Regulations

contractors consistent with their reports and disclosures, and enforcing FOR FURTHER INFORMATION CONTACT:
respective roles and responsibilities to compliance with applicable laws, rules, Patrick Gillespie, Aerospace Engineer,
the Enterprise, will receive prompt and regulations. Cabin Safety and Environmental
notification of a record hold; Dated: October 23, 2006. Systems Branch, ANM–150S, FAA,
(2) Designate an individual to James B. Lockhart, III, Seattle Aircraft Certification Office,
communicate specific requirements and Director, Office of Federal Housing Enterprise
1601 Lind Avenue, SW., Renton,
instructions, including, when necessary, Oversight. Washington 98057–3356; telephone
the instruction to cease immediately any [FR Doc. E6–18034 Filed 10–26–06; 8:45 am]
(425) 917–6429; fax (425) 917–6590.
otherwise permissible destruction of SUPPLEMENTARY INFORMATION:
BILLING CODE 4220–01–P
records; and,
(3) Provide that any employee and, as Examining the Docket
appropriate, any agent or independent You may examine the AD docket on
contractor consistent with his or her DEPARTMENT OF TRANSPORTATION
the Internet at http://dms.dot.gov or in
respective role and responsibility to the Federal Aviation Administration person at the Docket Management
Enterprise, who has received notice of a Facility office between 9 a.m. and 5
potential investigation, enforcement 14 CFR Part 39 p.m., Monday through Friday, except
proceeding, or litigation by OFHEO Federal holidays. The Docket
involving the Enterprise or an [Docket No. FAA–2005–21968; Directorate
Identifier 2005–NM–077–AD; Amendment Management Facility office (telephone
employee, or otherwise has actual (800) 647–5227) is located on the plaza
39–14798; AD 2006–22–01]
knowledge that an issue is subject to level of the Nassif Building at the street
such an investigation, enforcement RIN 2120–AA64 address stated in the ADDRESSES section.
proceeding or litigation, shall notify
immediately the legal department of the Airworthiness Directives; Boeing Discussion
Enterprise and shall retain any records Model 757–200, –200CB, and –300
The FAA issued a supplemental
that may be relevant in any way to such Series Airplanes
notice of proposed rulemaking (NPRM)
investigation, enforcement proceeding, AGENCY: Federal Aviation to amend 14 CFR part 39 to include an
or litigation. Administration (FAA), Department of AD that would apply to certain Boeing
(c) Method of record retention. The Transportation (DOT). Model 757–200, –200CB, and –300
record retention program of an ACTION: Final rule. series airplanes. That supplemental
Enterprise shall address the method by NPRM was published in the Federal
which the Enterprise will retain records SUMMARY: The FAA is adopting a new Register on May 19, 2006 (71 FR 29092).
during a record hold. Specifically, the airworthiness directive (AD) for certain That supplemental NPRM proposed to
program shall describe the method for Boeing Model 757–200, –200CB, and require repetitive detailed inspections
the continued preservation of electronic –300 series airplanes. This AD requires for proper functioning of the girt bar leaf
records, including e-mails, and the repetitive detailed inspections for springs for the escape slides to ensure
conversion of records from paper to proper functioning of the girt bar leaf the leaf springs retain the sliders and
electronic format as well as any springs for the escape slides to ensure the required 0.37-inch minimum
alternative storage method. the leaf springs retain the sliders and engagement between the sliders and
(d) Access to and retrieval of records. the required 0.37-inch minimum floor fittings is achieved at passenger
The record retention program of an engagement between the sliders and doors 1, 2, and 4, and corrective actions
Enterprise shall ensure access to and floor fittings is achieved at passenger if necessary.
retrieval of records by the Enterprise doors 1, 2, and 4, and corrective actions
and access, upon request, by OFHEO, if necessary. This AD results from a Comments
during a record hold. Such access shall report that the escape slides failed to We provided the public the
be by reasonable means, consistent with deploy correctly during an operator’s opportunity to participate in the
the nature and availability of the records tests of the escape slides. We are issuing development of this AD. We have
and existing information technology. this AD to prevent escape slides from considered the comments received.
disengaging from the airplane during
§§ 1732.8–1732.9 [Reserved] deployment or in use, which could Support for the Supplemental NPRM
result in injuries to passengers or Boeing supports the contents of the
Subpart C—Supervisory Action
flightcrew. supplemental NPRM.
§ 1732.10 Supervisory action. DATES: This AD becomes effective
Request To Clarify Prohibition for
(a) Supervisory action. Failure by an December 1, 2006.
The Director of the Federal Register Bending Girt Bar
Enterprise to comply with this part may
subject the Enterprise or the board approved the incorporation by reference One commenter, a private citizen,
members, officers, or employees thereof of certain publications listed in the AD states that it is unclear what to do if the
to supervisory action by OFHEO under as of December 1, 2006. subject girt bar retention leaf springs are
the Act, including but not limited to ADDRESSES: You may examine the AD bent before the effective date of the AD.
cease-and-desist proceedings, temporary docket on the Internet at http:// The commenter states that it is virtually
cease-and-desist proceedings, and civil dms.dot.gov or in person at the Docket impossible to determine if such springs
money penalties. Management Facility, U.S. Department were bent before. Therefore, the
(b) No limitation of authority. This of Transportation, 400 Seventh Street, commenter requests that we clarify
part does not limit or restrict the SW., Nassif Building, Room PL–401, paragraphs (f) and (g) of the
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authority of OFHEO to act under its Washington, DC. supplemental NPRM if the intent is to
safety and soundness mandate, in Contact Boeing Commercial prohibit bending of the spring in the
accordance with the Act. Such authority Airplanes, P.O. Box 3707, Seattle, future. The commenter suggests that we
includes, but is not limited to, Washington 98124–2207, for service revise the final rule to add the following
conducting examinations, requiring information identified in this AD. words to paragraphs (f) and (g): ‘‘* * *

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Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations 62887

this AD does not allow that procedure the FAA Administrator. Subtitle VII, by adding the following new
from the effective date of this AD.’’ Aviation Programs, describes in more airworthiness directive (AD):
We disagree that it is necessary to detail the scope of the Agency’s 2006–22–01 Boeing: Amendment 39–14798.
change paragraphs (f) and (g) of the final authority. Docket No. FAA–2005–21968;
rule to add the suggested wording. Both We are issuing this rulemaking under Directorate Identifier 2005–NM–077–AD.
paragraphs prohibit bending the girt bar the authority described in Subtitle VII,
Effective Date
during the actions accomplished in Part A, Subpart III, Section 44701,
accordance with this AD, which are ‘‘General requirements.’’ Under that (a) This AD becomes effective December 1,
2006.
required within 24 months after the section, Congress charges the FAA with
effective date of this AD. Therefore, the promoting safe flight of civil aircraft in Affected ADs
paragraphs already prohibit bending the air commerce by prescribing regulations (b) None.
girt bars as of the effective date of the for practices, methods, and procedures
Applicability
actions in the AD. We have not changed the Administrator finds necessary for
the AD in this regard. safety in air commerce. This regulation (c) This AD applies to Boeing Model 757–
is within the scope of that authority 200 and –200CB series airplanes, certificated
Explanation of Change to Paragraph (g) in any category, as identified in Boeing
because it addresses an unsafe condition Special Attention Service Bulletin 757–52–
Paragraph (g) of the NPRM referred to that is likely to exist or develop on 0085, dated March 24, 2005; and Boeing
the paragraph titled ‘‘Part 2— products identified in this rulemaking Model 757–300 series airplanes, certificated
‘Inspection’ ’’ in Boeing Special action. in any category, as identified in Boeing
Attention Service Bulletin 757–52– Special Attention Service Bulletin 757–52–
0085, dated March 24, 2005; and Boeing Regulatory Findings 0086, dated March 24, 2005.
Special Attention Service Bulletin 757– We have determined that this AD will
Unsafe Condition
52–0086, dated March 24, 2005. not have federalism implications under
However that paragraph title is not Executive Order 13132. This AD will (d) This AD results from a report that the
included in Boeing Special Attention escape slides failed to deploy correctly
not have a substantial direct effect on
during an operator’s tests of the escape
Service Bulletin 757–52–0085. the States, on the relationship between slides. We are issuing this AD to prevent
Therefore, we have changed paragraph the national government and the States, escape slides from disengaging from the
(g) of the AD to remove the reference to or on the distribution of power and airplane during deployment or in use, which
the paragraph titled ‘‘Part 2— responsibilities among the various could result in injuries to passengers or
‘Inspection’ ’’ in the service bulletins. levels of government. flightcrew.
The requirement to do an ‘‘approved For the reasons discussed above, I Compliance
equivalent procedure’’ in accordance certify that this AD:
with the applicable chapter/section of (1) Is not a ‘‘significant regulatory (e) You are responsible for having the
actions required by this AD performed within
the Boeing 757 AMM or Boeing 757 action’’ under Executive Order 12866;
the compliance times specified, unless the
CMM specified in the applicable service (2) Is not a ‘‘significant rule’’ under actions have already been done.
bulletin remains. DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and Detailed Inspection and Corrective Actions
Conclusion (3) Will not have a significant (f) Within 24 months after the effective
We have carefully reviewed the economic impact, positive or negative, date of this AD: Do a detailed inspection for
available data, including the comment on a substantial number of small entities inadequate spring retention force and
received, and determined that air safety under the criteria of the Regulatory inadequate girt bar slider dimensions of the
and the public interest require adopting Flexibility Act. girt bar leaf springs for the escape slides at
passenger doors 1, 2, and 4; and do any
the AD with the change described We prepared a regulatory evaluation
applicable corrective actions before further
previously. We have determined that of the estimated costs to comply with flight. Do all the actions in accordance with
this change will neither increase the this AD and placed it in the AD docket. the Accomplishment Instructions of the
economic burden on any operator nor See the ADDRESSES section for a location applicable service bulletin in paragraph (f)(1)
increase the scope of the AD. to examine the regulatory evaluation. or (f)(2) of this AD, except as provided by
paragraph (g) of this AD. Where the airplane
Costs of Compliance List of Subjects in 14 CFR Part 39 maintenance manuals (AMMs) and
There are about 944 airplanes of the Air transportation, Aircraft, Aviation component maintenance manuals (CMMs)
affected design in the worldwide fleet. safety, Incorporation by reference, referenced by the applicable service bulletin
This AD affects about 632 airplanes of Safety. include procedures that allow bending the
U.S. registry. The inspection takes about girt bar retention spring, this AD does not
Adoption of the Amendment allow that procedure. Repeat the inspection
2 work hours per airplane, at an average thereafter at intervals not to exceed 24
labor rate of $80 per work hour. Based ■ Accordingly, under the authority months, or after each maintenance task
on these figures, the estimated cost of delegated to me by the Administrator, where removal of and installation of the girt
the AD for U.S. operators is $101,120, or the FAA amends 14 CFR part 39 as bar is necessary, whichever occurs earlier.
$160 per airplane, per inspection cycle. follows: (1) For Boeing Model 757–200 and –200CB
series airplanes: Boeing Special Attention
Interim Action PART 39—AIRWORTHINESS Service Bulletin 757–52–0085, dated March
We consider this AD interim action. If DIRECTIVES 24, 2005.
final action is later identified, we may (2) For Boeing Model 757–300 series
consider further rulemaking then. ■ 1. The authority citation for part 39 airplanes: Boeing Special Attention Service
continues to read as follows: Bulletin 757–52–0086, dated March 24, 2005.
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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Equivalent Procedures
Title 49 of the United States Code (g) Where the applicable service bulletin
specifies the FAA’s authority to issue § 39.13 [Amended]
specified in paragraph (f)(1) or (f)(2) of this
rules on aviation safety. Subtitle I, ■2. The Federal Aviation AD specifies that actions may be
Section 106, describes the authority of Administration (FAA) amends § 39.13 accomplished in accordance with an

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62888 Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations

‘‘approved equivalent procedure’’: The DEPARTMENT OF TRANSPORTATION of Transportation, 400 Seventh Street,
corrective actions must be accomplished in SW., Nassif Building, Room PL–401,
accordance with the applicable chapter/ Federal Aviation Administration Washington, DC.
section of the Boeing 757 AMM or Boeing Contact Airbus, 1 Rond Point Maurice
757 CMM specified in the applicable service 14 CFR Part 39 Bellonte, 31707 Blagnac Cedex, France,
bulletin. Where the AMMs and CMMs for service information identified in this
[Docket No. FAA–2006–25088; Directorate
include procedures that allow bending the AD.
Identifier 2006–NM–085–AD; Amendment
girt bar retention spring, this AD does not 39–14799; AD 2006–22–02] FOR FURTHER INFORMATION CONTACT: Dan
allow that procedure. Rodina, Aerospace Engineer,
RIN 2120–AA64 International Branch, ANM–116,
Alternative Methods of Compliance
(AMOCs) Airworthiness Directives; Airbus Model Transport Airplane Directorate, FAA,
A300 B4–600, B4–600R, and F4–600R 1601 Lind Avenue, SW., Renton,
(h)(1) The Manager, Seattle Aircraft
Series Airplanes, and Model A300 C4– Washington 98057–3356; telephone
Certification Office (ACO), FAA, has the
605R Variant F Airplanes (Collectively (425) 227–2125; fax (425) 227–1149.
authority to approve AMOCs for this AD, if
requested in accordance with the procedures Called A300–600 Series Airplanes) SUPPLEMENTARY INFORMATION:
found in 14 CFR 39.19. Examining the Docket
(2) Before using any AMOC approved in AGENCY: Federal Aviation
Administration (FAA), Department of You may examine the airworthiness
accordance with § 39.19 on any airplane to
Transportation (DOT). directive (AD) docket on the Internet at
which the AMOC applies, notify the
appropriate principal inspector in the FAA ACTION: Final rule. http://dms.dot.gov or in person at the
Flight Standards Certificate Holding District
Docket Management Facility office
Office. SUMMARY: The FAA is superseding an between 9 a.m. and 5 p.m., Monday
existing airworthiness directive (AD), through Friday, except Federal holidays.
Material Incorporated by Reference which applies to certain Airbus Model The Docket Management Facility office
(i) You must use Boeing Special Attention A300–600 series airplanes. That AD (telephone (800) 647–5227) is located on
Service Bulletin 757–52–0085, dated March currently requires an inspection for the plaza level of the Nassif Building at
24, 2005; or Boeing Special Attention Service evidence of chafing between the the street address stated in the
Bulletin 757–52–0086, dated March 24, 2005; hydraulic flexible hose and the ram air ADDRESSES section.
as applicable; to perform the actions that are turbine (RAT) hub, and related Discussion
required by this AD, unless the AD specifies investigative and corrective actions if
otherwise. The Director of the Federal necessary. This new AD extends the The FAA issued a notice of proposed
Register approved the incorporation by applicability to include all Model rulemaking (NPRM) to amend 14 CFR
reference of these documents in accordance A300–600 series airplanes that are part 39 to include an AD that
with 5 U.S.C. 552(a) and 1 CFR part 51. equipped with a certain RAT. This AD supersedes AD 2005–15–05, amendment
Contact Boeing Commercial Airplanes, P.O. results from reports of holes in the RAT 39–14194 (70 FR 42267, July 22, 2005).
Box 3707, Seattle, Washington 98124–2207, hub cover. We are issuing this AD to The existing AD applies to certain
for a copy of this service information. You prevent a hole in the RAT hub cover. A Airbus Model A300–600 series
may review copies at the Docket Management hole in the RAT hub cover could allow airplanes. That NPRM was published in
Facility, U.S. Department of Transportation, water to enter the RAT governing the Federal Register on June 21, 2006
400 Seventh Street, SW., Room PL–401, mechanism, freeze during flight, and (71 FR 35575). That NPRM proposed to
Nassif Building, Washington, DC; on the jam the governing mechanism. In require an inspection for evidence of
Internet at http://dms.dot.gov; or at the addition, the metal particles that result chafing between the hydraulic flexible
National Archives and Records from chafing between the hydraulic hose and the ram air turbine (RAT) hub,
Administration (NARA). For information on flexible hose and the RAT could mix and related investigative and corrective
the availability of this material at the NARA, with the lubricant grease and degrade actions if necessary.
call (202) 741–6030, or go to http:// the governing mechanism. In an Comments
www.archives.gov/federal_register/code_of_ emergency, a jammed or degraded RAT
federal_regulations/ibr_locations.html. could result in its failure to deploy, loss We provided the public the
of hydraulic pressure or electrical power opportunity to participate in the
Issued in Renton, Washington, on October
to the airplane, and consequent reduced development of this AD. We have
11, 2006.
controllability of the airplane. considered the comments that have
Kalene C. Yanamura, been received on the NPRM.
Acting Manager, Transport Airplane DATES: This AD becomes effective
Directorate, Aircraft Certification Service. December 1, 2006. Request To Provide Chafe Limits in the
[FR Doc. E6–17656 Filed 10–26–06; 8:45 am] The Director of the Federal Register AD
approved the incorporation by reference Air Transport Association (ATA) of
BILLING CODE 4910–13–P
of a certain publication listed in the AD America, on behalf of its member,
as of December 1, 2006. FedEx, requests that we provide the
On August 26, 2005 (70 FR 42267, chafe limits for the RAT hub cover in
July 22, 2005), the Director of the the AD to ensure clarity for compliance
Federal Register approved the purposes. FedEx points out that Airbus
incorporation by reference of Airbus Service Bulletin A300–29–6054,
Service Bulletin A300–29–6054, Revision 02, dated January 12, 2006 (the
Revision 01, excluding Appendix 01, appropriate source of service
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dated November 4, 2004. information for accomplishing the


ADDRESSES: You may examine the AD required actions), specifies evaluating
docket on the Internet at http:// any damage to the hub cover in
dms.dot.gov or in person at the Docket accordance with Hamilton Sundstrand
Management Facility, U.S. Department Component Maintenance Manual

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