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Federal Register / Vol. 70, No.

143 / Wednesday, July 27, 2005 / Proposed Rules 43343

referred to in paragraph I hereof, as Notice of proposed rulemaking


ACTION: Comments Invited
augmented by the provisions specified (NPRM). We invite you to submit any relevant
in paragraph II hereof, shall be and are written data, views, or arguments
the provisions of this marketing SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for regarding this proposed AD. Send your
agreement as if set out in full herein. comments to an address listed under
I. The findings and determinations, certain Boeing Model 757–200, –200CB,
and –300 series airplanes. This ADDRESSES. Include ‘‘Docket No. FAA–
order relative to handling, and the
proposed AD would require repetitive 2005–21968; Directorate Identifier
provisions of §§ 1033.1 to 1033.86 all
detailed inspections for proper 2005–NM–077–AD’’ in the subject line
inclusive, of the order regulating the
functioning of the girt bar leaf springs of your comments. We specifically
handling of milk in the Mideast
for the escape slides at passenger doors invite comments on the overall
marketing area (7 CFR part 1033) which
1, 2, and 4, and corrective actions if regulatory, economic, environmental,
is annexed hereto; and
II. The following provisions: Record necessary. This proposed AD is and energy aspects of the proposed AD.
of milk handled and authorization to prompted by a report that the escape We will consider all comments
correct typographical errors. slides failed to deploy correctly during submitted by the closing date and may
(a) Record of milk handled. The an operator’s tests of the escape slides. amend the proposed AD in light of those
undersigned certifies that he/she We are proposing this AD to prevent comments.
handled during the month of __, 2005, escape slides from disengaging from the We will post all comments we
___ hundredweight of milk covered by airplane during deployment or in use, receive, without change, to http://
this marketing agreement. which could result in injuries to dms.dot.gov, including any personal
(b) Authorization to correct passengers or flightcrew. information you provide. We will also
typographical errors. The undersigned DATES: We must receive comments on
post a report summarizing each
hereby authorizes the Deputy this proposed AD by September 12, substantive verbal contact with FAA
Administrator, or Acting Deputy 2005. personnel concerning this proposed AD.
Administrator, Dairy Programs, Using the search function of that Web
ADDRESSES: Use one of the following site, anyone can find and read the
Agricultural Marketing Service, to
addresses to submit comments on this comments in any of our dockets,
correct any typographical errors which
proposed AD. including the name of the individual
may have been made in this marketing
• DOT Docket Web site: Go to who sent the comment (or signed the
agreement.
http://dms.dot.gov and follow the comment on behalf of an association,
Effective date. This marketing
instructions for sending your comments business, labor union, etc.). You can
agreement shall become effective upon
electronically. review DOT’s complete Privacy Act
the execution of a counterpart hereof by
• Government-wide rulemaking Web Statement in the Federal Register
the Department in accordance with
site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR
Section 900.14(a) of the aforesaid rules
and follow the instructions for sending 19477–78), or you can visit http://
of practice and procedure.
In Witness Whereof, The contracting your comments electronically. dms.dot.gov.
• Mail: Docket Management Facility,
handlers, acting under the provisions of Examining the Docket
U.S. Department of Transportation, 400
the Act, for the purposes and subject to
Seventh Street SW., Nassif Building, You can examine the AD docket on
the limitations herein contained and not
Room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in
otherwise, have hereunto set their
• By fax: (202) 493–2251. person at the Docket Management
respective hands and seals. • Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5
Signature the plaza level of the Nassif Building, p.m., Monday through Friday, except
By (Name) lllllllllllll 400 Seventh Street SW., Washington, Federal holidays. The Docket
(Title) lllllllllllllll DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone
through Friday, except Federal holidays.
(Address) lllllllllllll (800) 647–5227) is located on the plaza
For service information identified in level of the Nassif Building at the DOT
(Seal) this proposed AD, contact Boeing
Attest street address stated in the ADDRESSES
Commercial Airplanes, PO Box 3707, section. Comments will be available in
[FR Doc. 05–14769 Filed 7–26–05; 8:45 am] Seattle, Washington 98124–2207. the AD docket shortly after the Docket
BILLING CODE 3410–02–P
You can examine the contents of this Management System (DMS) receives
AD docket on the Internet at http:// them.
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department Discussion
DEPARTMENT OF TRANSPORTATION
of Transportation, 400 Seventh Street We have received a report indicating
Federal Aviation Administration SW., Room PL–401, on the plaza level that the escape slides failed to deploy
of the Nassif Building, Washington, DC. correctly during an operator’s tests on
14 CFR Part 39 This docket number is FAA–2005– Boeing Model 757–200, –200CB, and
21968; the directorate identifier for this –300 series airplanes. Further
[Docket No. FAA–2005–21968; Directorate docket is 2005–NM–077–AD.
Identifier 2005–NM–077–AD] examination showed that the girt bar,
FOR FURTHER INFORMATION CONTACT: which attaches the deployed escape
RIN 2120–AA64 David Crotty, Aerospace Engineer, slide to the airplane floor, did not stay
Cabin Safety and Environmental attached to the floor fitting. When an
Airworthiness Directives; Boeing Systems Branch, ANM–150S, FAA, escape slide is being deployed, sliders
Model 757–200, –200CB, and –300 Seattle Aircraft Certification Office, on the forward and aft ends of the girt
Series Airplanes 1601 Lind Avenue, SW., Renton, bar engage with the floor fittings and are
AGENCY: Federal Aviation Washington 98055–4056; telephone held in place by leaf springs. The
Administration (FAA), Department of (425) 917–6422; fax (425) 917–6590. airplane manufacturer and operators
Transportation (DOT). SUPPLEMENTARY INFORMATION: have found that it is possible for the leaf

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43344 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Proposed Rules

springs to be deformed and damaged in procedure’’ may be used only if it is section for a location to examine the
service, and that deformed or damaged approved as an alternative method of regulatory evaluation.
leaf springs may not keep the girt bar compliance in accordance with
List of Subjects in 14 CFR Part 39
sliders engaged with the floor fittings. paragraph (h) of this proposed AD.
This condition, if not corrected, could Air transportation, Aircraft, Aviation
Costs of Compliance safety, Safety.
cause escape slides to disengage from
the airplane during deployment or in There are about 944 airplanes of the
The Proposed Amendment
use, which could result in injuries to affected design in the worldwide fleet.
passengers or flightcrew. This proposed AD would affect about Accordingly, under the authority
632 airplanes of U.S. registry. The delegated to me by the Administrator,
Relevant Service Information proposed inspection would take about 2 the FAA proposes to amend 14 CFR part
We have reviewed Boeing Special work hours per airplane, at an average 39 as follows:
Attention Service Bulletin 757–52– labor rate of $65 per work hour. Based
0085, dated March 24, 2005 (for Boeing on these figures, the estimated cost of PART 39—AIRWORTHINESS
Model 757–200 and –200CB series the proposed AD for U.S. operators is DIRECTIVES
airplanes); and Boeing Special Attention $82,160, or $130 per airplane, per 1. The authority citation for part 39
Service Bulletin 757–52–0086, dated inspection cycle. continues to read as follows:
March 24, 2005 (for Boeing Model 757–
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
300 series airplanes). The service
bulletins describe procedures for doing Title 49 of the United States Code § 39.13 [Amended]
repetitive detailed inspections for specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
discrepancies of the leaf springs. rules on aviation safety. Subtitle I, the following new airworthiness
Discrepancies include inadequate spring Section 106, describes the authority of directive (AD):
retention force and inadequate girt bar the FAA Administrator. Subtitle VII,
slider engagement dimensions. For Boeing: Docket No. FAA–2005–21968;
Aviation Programs, describes in more Directorate Identifier 2005–NM–077–AD.
airplanes on which an inspection shows detail the scope of the Agency’s
an engagement dimension of less than authority. Comments Due Date
0.37 inch, the service bulletins describe We are issuing this rulemaking under (a) The Federal Aviation Administration
procedures for corrective action. The the authority described in Subtitle VII, (FAA) must receive comments on this AD
corrective action is replacing the leaf Part A, Subpart III, Section 44701, action by September 12, 2005.
spring or the girt bar assembly with new ‘‘General requirements.’’ Under that Affected ADs
parts, and doing girt bar assembly section, Congress charges the FAA with (b) None.
adjustments and testing. Accomplishing promoting safe flight of civil aircraft in
the actions specified in the service air commerce by prescribing regulations Applicability
information is intended to adequately for practices, methods, and procedures (c) This AD applies to Boeing Model 757–
address the unsafe condition. the Administrator finds necessary for 200 and –200CB series airplanes, certificated
safety in air commerce. This regulation in any category; as identified in Boeing
FAA’s Determination and Requirements Special Attention Service Bulletin 757–52–
is within the scope of that authority
of the Proposed AD 0085, dated March 24, 2005; and Boeing
because it addresses an unsafe condition
We have evaluated all pertinent Model 757–300 series airplanes, certificated
that is likely to exist or develop on in any category; as identified in Boeing
information and identified an unsafe products identified in this rulemaking Special Attention Service Bulletin 757–52–
condition that is likely to exist or action. 0086, dated March 24, 2005.
develop on other airplanes of this same
type design. Therefore, we are Regulatory Findings Unsafe Condition
proposing this AD, which would require We have determined that this (d) This AD was prompted by a report that
accomplishing the actions specified in proposed AD would not have federalism the escape slides failed to deploy correctly
the service information described implications under Executive Order during an operator’s tests of the escape
previously, except as discussed under slides. We are issuing this AD to prevent
13132. This proposed AD would not escape slides from disengaging from the
‘‘Difference Between the Proposed AD have a substantial direct effect on the airplane during deployment or in use, which
and the Service Bulletins.’’ States, on the relationship between the could result in injuries to passengers or
Difference Between the Proposed AD National Government and the States, or flightcrew.
and the Service Bulletins on the distribution of power and
Compliance
responsibilities among the various
The service bulletins specify that levels of government. (e) You are responsible for having the
operators may accomplish certain For the reasons discussed above, I actions required by this AD performed within
actions in accordance with the Boeing the compliance times specified, unless the
certify that the proposed regulation: actions have already been done.
757 Airplane Maintenance Manual 1. Is not a ‘‘significant regulatory
(AMM), the Boeing 757 Component action’’ under Executive Order 12866; Detailed Inspection and Corrective Actions
Maintenance Manual (CMM), or an 2. Is not a ‘‘significant rule’’ under the (f) Within 24 months after the effective
‘‘approved equivalent procedure.’’ DOT Regulatory Policies and Procedures date of this AD: Do a detailed inspection for
However, for actions in Part 1— (44 FR 11034, February 26, 1979); and inadequate spring retention force and
‘‘Inspection’’ of the Accomplishment 3. Will not have a significant inadequate girt bar slider dimensions of the
Instructions of the applicable service economic impact, positive or negative, girt bar leaf springs for the escape slides at
bulletin, this proposed AD would passenger doors 1, 2, and 4; and do any
on a substantial number of small entities
applicable corrective actions before further
require operators to accomplish the under the criteria of the Regulatory flight. Do all the actions in accordance with
actions in accordance with the Flexibility Act. the Accomplishment Instructions of the
applicable chapter of the AMM or CMM We prepared a regulatory evaluation applicable service bulletin in paragraph (f)(1)
specified in the applicable service of the estimated costs to comply with or (f)(2) of this AD, except as provided by
bulletin. An ‘‘approved equivalent this proposed AD. See the ADDRESSES paragraph (g) of this AD. Repeat the

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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Proposed Rules 43345

inspection thereafter at intervals not to DATES: Comments and related material for a meeting by writing to the address
exceed 24 months, or after each maintenance must reach the Coast Guard on or before listed under ADDRESSES explaining why
task where removal of and installation of the August 26, 2005. one would be beneficial. If we
girt bar is necessary, whichever occurs determine that one would aid this
earlier. ADDRESSES: You may mail comments
(1) For Boeing Model 757–200 and –200CB and related material to Commander rulemaking, we will hold one at a time
series airplanes: Boeing Special Attention (oax), Fifth Coast Guard District, 431 and place announced by a later notice
Service Bulletin 757–52–0085, dated March Crawford Street, Portsmouth, Virginia in the Federal Register.
24, 2005. 23704–5004, hand-deliver them to Background and Purpose
(2) For Boeing Model 757–300 series Room 119 at the same address between
airplanes: Boeing Special Attention Service 9 a.m. and 2 p.m., Monday through On September 24 and 25, 2005, the
Bulletin 757–52–0086, dated March 24, 2005. Friday, except Federal holidays, or fax Sunset Lake Hydrofest Association will
Equivalent Procedures them to (757) 398–6203. The Auxiliary sponsor the ‘‘Sunset Lake Hydrofest’’,
and Recreational Boating Safety Branch, on the waters of Sunset Lake near
(g) Where Part 1—‘‘Inspection’’ of the Wildwood Crest, New Jersey. The event
applicable service bulletin in paragraph (f)(1) Fifth Coast Guard District, maintains the
or (f)(2) of this AD specifies that actions may public docket for this rulemaking. will consist of approximately 100
be accomplished in accordance with an Comments and material received from inboard hydroplanes, Jersey Speed
‘‘approved equivalent procedure’’: The the public, as well as documents Skiffs and flat-bottom ski boats racing in
corrective actions must be accomplished in indicated in this preamble as being heats counter-clockwise around an oval
accordance with the chapter of the Boeing available in the docket, will become part racecourse. A fleet of approximately 100
757 Airplane Maintenance Manual (AMM) or
of this docket and will be available for spectator vessels is expected to gather
Boeing 757 Component Maintenance Manual nearby to view the competition. Due to
(CMM) specified in the applicable service inspection or copying at the above
address between 9 a.m. and 2 p.m., the need for vessel control during the
bulletin. event, vessel traffic will be temporarily
Monday through Friday, except Federal
Alternative Methods of Compliance holidays. restricted to provide for the safety of
(AMOCs) participants, spectators and transiting
FOR FURTHER INFORMATION CONTACT:
(h) The Manager, Seattle Aircraft vessels.
Dennis Sens, Project Manager, Auxiliary
Certification Office (ACO), FAA, has the
and Recreational Boating Safety Branch, Discussion of Proposed Rule
authority to approve AMOCs for this AD, if
requested in accordance with the procedures at (757) 398–6204. The Coast Guard proposes to establish
found in 14 CFR 39.19. SUPPLEMENTARY INFORMATION: temporary special local regulations on
Issued in Renton, Washington, on July 13, Request for Comments specified waters of Sunset Lake. The
2005. temporary special local regulations
Ali Bahrami,
We encourage you to participate in would be enforced from 8:30 a.m. to
this rulemaking by submitting 5:30 p.m. on September 24 and 25,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
comments and related material. If you 2005, and will restrict general
do so, please include your name and navigation in the regulated area during
[FR Doc. 05–14790 Filed 7–26–05; 8:45 am]
address, identify the docket number for the event. Except for participants and
BILLING CODE 4910–13–P
this rulemaking (CGD05–05–076), vessels authorized by the Coast Guard
indicate the specific section of this Patrol Commander, no person or vessel
document to which each comment will be allowed to enter or remain in the
DEPARTMENT OF HOMELAND applies, and give the reason for each regulated area. These regulations are
SECURITY comment. Please submit all comments needed to control vessel traffic during
and related material in an unbound the event to enhance the safety of
Coast Guard format, no larger than 81⁄2 by 11 inches, participants, spectators and transiting
suitable for copying. If you would like vessels.
33 CFR Part 100 to know they reached us, please enclose
a stamped, self-addressed postcard or Regulatory Evaluation
[CGD05–05–076] envelope. We will consider all This proposed rule is not a
comments and material received during ‘‘significant regulatory action’’ under
RIN 1625–AA08
the comment period. We may change section 3(f) of Executive Order 12866,
Special Local Regulations for Marine this proposed rule in view of them. Regulatory Planning and Review, and
Events; Sunset Lake, Wildwood Crest, In order to provide notice and an does not require an assessment of
NJ opportunity to comment before issuing potential costs and benefits under
an effective rule, we are providing a section 6(a)(3) of that Order. The Office
AGENCY: Coast Guard, DHS. shorter than normal comment period. A of Management and Budget has not
ACTION: Notice of proposed rulemaking. 30-day comment period is sufficient to reviewed it under that Order. It is not
allow those who might be affected by ‘‘significant’’ under the regulatory
SUMMARY: The Coast Guard proposes to this rulemaking to submit their policies and procedures of the
establish special local regulations comments because the regulations have Department of Homeland Security
during the ‘‘Sunset Lake Hydrofest’’, a a narrow, local application, and there (DHS).
marine event to be held September 24 will be local notifications in addition to We expect the economic impact of
and 25, 2005, on the waters of Sunset the Federal Register publication such as this proposed rule to be so minimal that
Lake, Wildwood Crest, New Jersey. press releases, marine information a full Regulatory Evaluation under the
These special local regulations are broadcasts, and the Local Notice to regulatory policies and procedures of
necessary to provide for the safety of life Mariners. DHS is unnecessary.
on navigable waters during the event. Although this proposed regulation
This action is intended to restrict vessel Public Meeting will prevent traffic from transiting a
traffic in portions of Sunset Lake during We do not now plan to hold a public portion of Sunset Lake during the event,
the event. meeting. But you may submit a request the effect of this regulation would not be

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