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Federal Register / Vol. 70, No.

3 / Wednesday, January 5, 2005 / Proposed Rules 737

on the distribution of power and the compliance times specified, unless the airplanes. The actions specified by this
responsibilities among the various actions have already been done. new proposed AD are intended to
levels of government. Replacement prevent failure of the vertical tie rods
For the reasons discussed above, I supporting certain electrical racks and
(f) Within 24 months after the effective
certify that the proposed regulation: date of this AD, replace the pressure switches the center stowage bins, which could
1. Is not a ‘‘significant regulatory on the override/jettison fuel pumps with new cause the center stowage bins or
action’’ under Executive Order 12866; pressure switches, and replace the ship side electrical racks to fall onto passenger
2. Is not a ‘‘significant rule’’ under the electrical connectors for the pressure seats below during an emergency
DOT Regulatory Policies and Procedures switches on the override/jettison fuel pumps landing, impeding an emergency
(44 FR 11034, February 26, 1979); and with new connectors, in accordance with the evacuation or injuring passengers. This
3. Will not have a significant Accomplishment Instructions of Boeing action is intended to address the
economic impact, positive or negative, Special Attention Service Bulletin 777–28– identified unsafe condition.
on a substantial number of small entities 0036, dated September 2, 2004.
DATES: Comments must be received by
under the criteria of the Regulatory Alternative Methods of Compliance
Flexibility Act. January 31, 2005.
(AMOCs)
We prepared a regulatory evaluation ADDRESSES: Submit comments in
(g) The Manager, Seattle Aircraft
of the estimated costs to comply with Certification Office, FAA, has the authority to triplicate to the Federal Aviation
this proposed AD. See the ADDRESSES approve AMOCs for this AD, if requested in Administration (FAA), Transport
section for a location to examine the accordance with the procedures found in 14 Airplane Directorate, ANM–114,
regulatory evaluation. CFR 39.19. Attention: Rules Docket No. 2001–NM–
Issued in Renton, Washington, on 89–AD, 1601 Lind Avenue, SW.,
List of Subjects in 14 CFR Part 39
December 27, 2004. Renton, Washington 98055–4056.
Air transportation, Aircraft, Aviation Comments may be inspected at this
Kevin M. Mullin,
safety, Safety. location between 9 a.m. and 3 p.m.,
Acting Manager, Transport Airplane
The Proposed Amendment Directorate, Aircraft Certification Service. Monday through Friday, except Federal
[FR Doc. 05–170 Filed 1–4–05; 8:45 am]
holidays. Comments may be submitted
Accordingly, under the authority via fax to (425) 227–1232. Comments
delegated to me by the Administrator, BILLING CODE 4910–13–P
may also be sent via the Internet using
the FAA proposes to amend 14 CFR part the following address: 9-anm-
39 as follows: nprmcomment@faa.gov. Comments sent
DEPARTMENT OF TRANSPORTATION
PART 39—AIRWORTHINESS via fax or the Internet must contain
DIRECTIVES Federal Aviation Administration ‘‘Docket No. 2001–NM–89–AD’’ in the
subject line and need not be submitted
1. The authority citation for part 39 14 CFR Part 39 in triplicate. Comments sent via the
continues to read as follows: Internet as attached electronic files must
[Docket No. 2001–NM–89–AD] be formatted in Microsoft Word 97 or
Authority: 49 U.S.C. 106(g), 40113, 44701.
RIN 2120–AA64 2000 or ASCII text.
§ 39.13 [Amended] The service information referenced in
2. The FAA amends § 39.13 by adding Airworthiness Directives; Boeing the proposed rule may be obtained from
the following new airworthiness Model 777–200 and –300 Series Boeing Commercial Airplanes, P.O. Box
directive (AD): Airplanes 3707, Seattle, Washington 98124–2207.
Boeing: Docket No. FAA–2004–19998; This information may be examined at
Directorate Identifier 2004–NM–224–AD.
AGENCY: Federal Aviation the FAA, Transport Airplane
Administration, DOT. Directorate, 1601 Lind Avenue, SW.,
Comments Due Date ACTION: Supplemental notice of Renton, Washington.
(a) The Federal Aviation Administration proposed rulemaking; reopening of
(FAA) must receive comments on this AD FOR FURTHER INFORMATION CONTACT:
comment period.
action by February 22, 2005. Robert Kaufman, Aerospace Engineer,
SUMMARY: This document revises an Cabin Safety and Environmental
Affected ADs
earlier proposed airworthiness directive Systems Branch, ANM–150S, FAA,
(b) None. Seattle Aircraft Certification Office,
(AD), applicable to certain Boeing
Applicability Model 777–200 and –300 series 1601 Lind Avenue, SW., Renton,
(c) This AD applies to Boeing Model 777– airplanes. That proposed AD would Washington 98055–4056; telephone
200 series airplanes, certificated in any have required a one-time inspection of (425) 917–6433; fax (425) 917–6590.
category; as listed in Boeing Special the clevis end of the vertical tie rods SUPPLEMENTARY INFORMATION:
Attention Service Bulletin 777–28–0036, that support the center stowage bins to
dated September 2, 2004. Comments Invited
measure the exposed thread, installation
Unsafe Condition of placards that advise of weight limits Interested persons are invited to
(d) This AD was prompted by reports that for certain electrical racks, a one-time participate in the making of the
the ‘‘FUEL LOW CENTER’’ message does not inspection and records check to proposed rule by submitting such
activate when the fuel level in the center tank determine the amount of weight written data, views, or arguments as
is low. We are issuing this AD to prevent the currently installed in those electrical they may desire. Communications shall
fuel pumps in the center fuel tank from racks, corrective actions, and identify the Rules Docket number and
running dry and becoming a potential replacement of the vertical tie rods for be submitted in triplicate to the address
ignition source, which could result in a fuel the center stowage bins or electrical specified above. All communications
tank explosion.
racks with new improved tie rods, as received on or before the closing date
Compliance applicable. This new action revises the for comments, specified above, will be
(e) You are responsible for having the proposed rule by revising the considered before taking action on the
actions required by this AD performed within applicability to include additional proposed rule. The proposals contained

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738 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules

in this action may be changed in light a report indicating that, under certain Request To Give Credit for Actions
of the comments received. conditions on Boeing Model 777–200 Accomplished Previously
Submit comments using the following and –300 series airplanes, the vertical One commenter requests that we
format: tie rods that attach the center stowage revise paragraph (a)(1) of the first
• Organize comments issue-by-issue. bins and electrical racks to the airplane supplemental NPRM to include the
For example, discuss a request to structure can break. That condition, if words ‘‘except as provided by paragraph
change the compliance time and a not corrected, could result in the racks (e) of this AD.’’ The commenter states
request to change the service bulletin or stowage bins falling onto passenger that adding this phrase will allow credit
reference as two separate issues. seats below during an emergency to operators who have already
• For each issue, state what specific landing, impeding an emergency accomplished some of the AD
change to the proposed AD is being evacuation or injuring passengers. requirements by doing Revision 1 of the
requested.
Comments service bulletin.
• Include justification (e.g., reasons or
We do not agree that any change is
data) for each request. We have duly considered the necessary in this regard. Paragraph (e) of
Comments are specifically invited on comments received in response to the the first supplemental NPRM, as well as
the overall regulatory, economic, first supplemental NPRM. this second supplemental NPRM, states
environmental, and energy aspects of
Request To Add Additional Airplanes that actions done before the effective
the proposed rule. All comments
date of the AD according to Boeing
submitted will be available, both before One commenter notes that an airplane
Special Attention Service Bulletin 777–
and after the closing date for comments, in its fleet that should be subject to the
25–0144, dated January 25, 2001; or
in the Rules Docket for examination by proposed AD is missing from the
Revision 1, dated January 10, 2002; are
interested persons. A report applicability of the first supplemental
acceptable for compliance with the
summarizing each FAA-public contact NPRM. The commenter states that it
corresponding actions required by this
concerned with the substance of this intends to accomplish the requirements
AD, which includes the actions in
proposal will be filed in the Rules on all of its airplanes.
paragraph (a)(1).
Docket. We agree that several line numbers
Commenters wishing the FAA to were inadvertently omitted from the Comment on Cost Impact Estimate
acknowledge receipt of their comments applicability of the first supplemental One commenter estimates that
submitted in response to this action NPRM. Therefore, we are issuing this approximately 205 work hours,
must submit a self-addressed, stamped second supplemental NPRM and have including the time needed for rework,
postcard on which the following revised the applicability statement to will be necessary to accomplish the
statement is made: ‘‘Comments to state that this supplemental NPRM requirements of the first supplemental
Docket Number 2001–NM–89–AD.’’ The applies to airplanes having line NPRM on its fleet of 19 airplanes. The
postcard will be date stamped and numbers 002 through 283 inclusive. We commenter estimates that it will incur a
returned to the commenter. find that the estimated number of total cost of $59,500, including parts
affected airplanes in the Cost Impact and labor.
Availability of NPRMs section of the first supplemental NPRM Because the commenter states that it
Any person may obtain a copy of this is correct; thus, we have not changed has no objection to the proposed
NPRM by submitting a request to the this section of this second supplemental requirements, we infer that the
FAA, Transport Airplane Directorate, NPRM. commenter is providing these data for
ANM–114, Attention: Rules Docket No. our information. We find that the costs
2001–NM–89–AD, 1601 Lind Avenue, Request To Revise Compliance Time for
Determining Installed Weight estimated by the commenter are
SW., Renton, Washington 98055–4056. consistent with the cost stated in the
One commenter requests that we Cost Impact section of this second
Discussion revise paragraph (a)(2) of the first supplemental NPRM. No change is
A proposal to amend part 39 of the supplemental NPRM to delete the words necessary in this regard.
Federal Aviation Regulations (14 CFR ‘‘before further flight.’’ The commenter
part 39) to add an airworthiness states that any airplane on which Conclusion
directive (AD), applicable to certain placards have been installed according Since a certain change explained
Boeing Model 777–200 and –300 series to paragraph (a)(1) of the proposed AD above expands the scope of the first
airplanes, was published as a first before the effective date of the AD will supplemental NPRM, we have
supplemental notice of proposed be grounded upon the effective date of determined that it is necessary to reopen
rulemaking (NPRM) in the Federal the AD until the inspection and records the comment period to provide
Register on June 23, 2004 (69 FR 34966). check to determine the weight installed additional opportunity for public
That action proposed to require a one- in placarded electrical racks is done. comment.
time inspection of the clevis end of the We agree and have revised paragraph
vertical tie rods that support the center (a)(2) of this second supplemental Cost Impact
stowage bins to measure the exposed NPRM to specify a separate compliance There are approximately 282
thread, installation of placards that time of 12 months after the effective airplanes of the affected design in the
advise of weight limits for certain date of the AD for airplanes on which worldwide fleet. The FAA estimates that
electrical racks, a one-time inspection the actions in paragraph (a)(1) were 84 airplanes of U.S. registry would be
and records check to determine the done before the effective date of the AD. affected by this proposed AD.
amount of weight currently installed in For airplanes on which the actions in For all airplanes: The records check
those electrical racks, corrective actions, paragraph (a)(1) are done after the and inspection to determine the weight
and replacement of the vertical tie rods effective date of this AD, the actions in currently installed in electrical rack E7
for the center stowage bins or electrical paragraph (a)(2) would continue to be would take approximately 1 work hour
racks with new improved tie rods, as required before further flight after the per airplane to accomplish, at an
applicable. The original NPRM and first installation of the placards required by average labor rate of $65 per work hour.
supplemental NPRM were prompted by paragraph (a)(1). Based on these figures, the cost impact

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Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 739

of this proposed records check and up to 4 subject tie rods per airplane) at on a substantial number of small entities
inspection on U.S. operators is an average labor rate of $65 per work under the criteria of the Regulatory
estimated to be $5,460, or $65 per hour. Required parts would cost as Flexibility Act. A copy of the draft
airplane. much as $3,012 per airplane. Based on regulatory evaluation prepared for this
For all airplanes: It would take these figures, this proposed replacement action is contained in the Rules Docket.
approximately 1 work hour to is estimated to be as much as $3,142 per A copy of it may be obtained by
accomplish the proposed installation of airplane. contacting the Rules Docket at the
a placard specifying weight limits for The cost impact figures discussed location provided under the caption
electrical rack E7, at an average labor above are based on assumptions that no ADDRESSES.
rate of $65 per work hour. Required operator has yet accomplished any of
parts would cost approximately $29. the proposed requirements of this AD List of Subjects in 14 CFR Part 39
Based on these figures, the cost impact action, and that no operator would Air transportation, Aircraft, Aviation
of this proposed placard installation on accomplish those actions in the future if safety, Safety.
U.S. operators is estimated to be $7,896, this AD were not adopted. The cost
The Proposed Amendment
or $94 per electrical rack. impact figures discussed in AD
For airplanes subject to the records rulemaking actions represent only the Accordingly, pursuant to the
check and inspection to determine the time necessary to perform the specific authority delegated to me by the
weight currently installed in electrical actions actually required by the AD. Administrator, the Federal Aviation
rack E9, E11, E13, or E15: It would take These figures typically do not include Administration proposes to amend part
approximately 1 work hour per incidental costs, such as the time 39 of the Federal Aviation Regulations
electrical rack (up to 4 racks per required to gain access and close up, (14 CFR part 39) as follows:
airplane) to accomplish, at an average planning time, or time necessitated by
labor rate of $65 per work hour. Based other administrative actions. PART 39—AIRWORTHINESS
on these figures, the cost impact of this DIRECTIVES
proposed records check and inspection Authority for This Rulemaking
1. The authority citation for part 39
is estimated to be as much as $260 per Title 49 of the United States Code continues to read as follows:
airplane. specifies the FAA’s authority to issue
For airplanes subject to the rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701.
installation of a placard specifying Section 106, describes the authority of § 39.13 [Amended]
weight limits for electrical rack E9, E11, the FAA Administrator. Subtitle VII, 2. Section 39.13 is amended by
E13, or E15: It would take Aviation Programs, describes in more adding the following new airworthiness
approximately 1 work hour per detail the scope of the Agency’s directive:
electrical rack to accomplish, at an authority.
average labor rate of $65 per work hour. We are issuing this rulemaking under Boeing: Docket 2001–NM–89–AD.
Required parts would cost the authority described in Subtitle VII, Applicability: Model 777–200 and –300
approximately $29 per electrical rack. Part A, Subpart III, Section 44701, series airplanes; certificated in any category;
Based on these figures, the cost impact ‘‘General requirements.’’ Under that line numbers 002 through 283 inclusive.
Compliance: Required as indicated, unless
of this proposed installation is section, Congress charges the FAA with accomplished previously.
estimated to be as much as $376 per promoting safe flight of civil aircraft in To prevent failure of the vertical tie rods
airplane. air commerce by prescribing regulations supporting certain electrical racks and the
For airplanes subject to the inspection for practices, methods, and procedures center stowage bins, which could cause the
of the clevis end of the vertical support the Administrator finds necessary for center stowage bins or electrical racks to fall
tie rod for the center stowage bin to safety in air commerce. This regulation onto passenger seats below during an
measure the exposed thread: It would is within the scope of that authority emergency landing, impeding an emergency
take as much as 3 work hours per because it addresses an unsafe condition evacuation or injuring passengers,
airplane (0.25 work hour per tie rod, accomplish the following:
that is likely to exist or develop on
with up to 12 subject tie rods per products identified in this rulemaking Inspection To Determine Weight and Placard
airplane) at an average labor rate of $65 action. Installation
per work hour. Based on these figures, (a) For airplanes in the groups listed in the
the cost impact of this proposed Regulatory Impact table under paragraph 3.B.1.b.(3) of the
inspection is estimated to be as much as The regulations proposed herein Accomplishment Instructions of Boeing
$195 per airplane. would not have a substantial direct Special Attention Service Bulletin 777–25–
For airplanes subject to the effect on the States, on the relationship 0144, Revision 2, dated January 15, 2004:
replacement of the vertical tie rods that between the national Government and Within 5 years after the effective date of this
AD, do the applicable actions in paragraphs
support the center stowage bins: It the States, or on the distribution of (a)(1) and (a)(2) of this AD.
would take as much as 6 work hours per power and responsibilities among the (1) Install placards that show weight limits
airplane (0.5 work hour per tie rod, with various levels of government. Therefore, for electrical racks E7, E11, and E15; as
up to 12 subject tie rods per airplane) it is determined that this proposal applicable; per the Accomplishment
at an average labor rate of $65 per work would not have federalism implications Instructions of the service bulletin.
hour. Required parts would cost as under Executive Order 13132. (2) For each electrical rack on which a
much as $3,020 per airplane. Based on For the reasons discussed above, I placard was installed per paragraph (a)(1) of
these figures, this proposed replacement certify that this proposed regulation (1) this AD: At the applicable compliance time
is estimated to be as much as $3,410 per is not a ‘‘significant regulatory action’’ specified in paragraph (a)(2)(i) or (a)(2)(ii) of
under Executive Order 12866; (2) is not this AD, perform a one-time inspection and
airplane. records check to determine the weight of
For airplanes subject to the a ‘‘significant rule’’ under the DOT equipment installed in that electrical rack.
replacement of the vertical tie rods that Regulatory Policies and Procedures (44 This records review and inspection must
support the electrical racks: It would FR 11034, February 26, 1979); and (3) if include determining what extra equipment, if
take as much as 2 work hours per promulgated, will not have a significant any, has been installed in the subject rack of
airplane (0.5 work hour per tie rod with economic impact, positive or negative, the airplane, performing a detailed

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740 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules

inspection to determine whether this ensure that the witness hole is blocked by the Special Attention Service Bulletin 777–25–
equipment is installed on the airplane, clevis shank, and making any applicable 0144, Revision 2, dated January 15, 2004, are
calculating the total weight of the installed adjustment of the clevis) by doing all actions accomplished within the compliance time
equipment, and comparing that total to the specified in steps 1 through 8 of Figure 3 of specified in this AD.
weight limit specified on the placard the service bulletin. Do these actions per the
installed per paragraph (a)(1) of this AD. If Alternative Methods of Compliance
Accomplishment Instructions of the service
the weight is outside the limits specified in bulletin. Any required adjustment of the (f) In accordance with 14 CFR 39.19, the
the placard to be installed per the service clevis must be done before further flight. Manager, Seattle Aircraft Certification Office,
bulletin, before further flight, remove FAA, is authorized to approve alternative
equipment from the rack to meet the weight Inspection To Determine Weight, Tie Rod methods of compliance (AMOCs) for this AD.
limit specified in the placard. Replacement, and Placard Installation
Issued in Renton, Washington, on
(i) For airplanes on which the actions (d) For airplanes in the groups listed in the December 27, 2004.
required by paragraph (a)(1) of this AD were table under paragraph 3.B.1.b.(4) of the
done before the effective date of this AD: Accomplishment Instructions of Boeing Kevin M. Mullin,
Within 12 months after the effective date of Special Attention Service Bulletin 777–25– Acting Manager, Transport Airplane
this AD. 0144, Revision 2, dated January 15, 2004: Do Directorate, Aircraft Certification Service.
(ii) For airplanes on which the actions the actions in paragraphs (d)(1), (d)(2), and [FR Doc. 05–171 Filed 1–4–05; 8:45 am]
required by paragraph (a)(1) of this AD are (d)(3) of this AD. BILLING CODE 4910–13–P
done after the effective date of this AD: (1) Within 5 years after the effective date
Before further flight after installing the of this AD, replace the vertical support tie
placards. rods for electrical racks E9, E11, and E13
Note 1: For the purposes of this AD, a (including replacing the existing tie rods DEPARTMENT OF COMMERCE
detailed inspection is defined as: ‘‘An with new improved tie rods, replacing an
intensive visual examination of a specific existing tie rod clamp with a new improved National Oceanic and Atmospheric
structural area, system, installation, or tie rod clamp, performing a free-play Administration
assembly to detect damage, failure, or inspection of certain electrical racks,
irregularity. Available lighting is normally adjusting jam nuts as applicable, performing 15 CFR Part 904
supplemented with a direct source of good a general visual inspection through the
lighting at intensity deemed appropriate by witness hole to make sure tie rod threads are [Docket No. 040902252–4252–01; I.D.
the inspector. Inspection aids such as mirror, visible, and making any applicable 092804C]
magnifying lenses, etc., may be used. Surface adjustment to ensure tie rod threads are RIN 0648–AS54
cleaning and elaborate access procedures visible) by doing all actions specified in
may be required.’’ Figures 5, 6, 7, and 9 of the service bulletin; Civil Procedures
as applicable. Do these actions per the
Inspection To Measure Exposed Thread and Accomplishment Instructions of the service AGENCY: Office of General Counsel for
Corrective Actions bulletin. Any required adjustment must be Enforcement and Litigation, National
(b) For airplanes in the groups listed in the done before further flight. Oceanic and Atmospheric
table under paragraph 3.B.1.b.(1) of the (2) Before further flight after accomplishing Administration (NOAA), Commerce.
Accomplishment Instructions of Boeing paragraph (d)(1) of this AD, install placards
ACTION: Proposed rule; amendments and
Special Attention Service Bulletin 777–25– that show weight limits for electrical racks
0144, Revision 2, dated January 15, 2004: E9, E11, and E13; as applicable; per the technical refinements to Civil
Within 5 years after the effective date of this Accomplishment Instructions of the service Procedures; reopening of the comment
AD, perform a detailed inspection of the bulletin. period.
clevis end of the vertical support tie rod for (3) For each electrical rack on which a
the center stowage bin to measure the placard was installed per paragraph (d)(2) of SUMMARY: In a proposed rule published
exposed thread, per the Accomplishment this AD: Before further flight after in the Federal Register on October 12,
Instructions of the service bulletin. If the accomplishing paragraphs (d)(1) and (d)(2) of 2004, NOAA requested comments on
measurement of the exposed thread is this AD, perform a one-time inspection and proposed revisions to its Civil
outside the limits specified in Figure 2 of the records check to determine the weight of Procedures which govern the Agency’s
service bulletin, before further flight, perform equipment installed in that electrical rack. administrative proceedings for the
all corrective actions specified in steps 2 This records review and inspection must assessment of civil penalties;
through 14 inclusive of Figure 2 of the include determining what, if any, extra
suspension, revocation, modification, or
service bulletin (including installing a equipment has been installed in the subject
threaded sleeve, torquing the jam nuts, racks of the airplane, performing a detailed denial of permits; issuance and use of
inserting a pin in the witness hole to ensure inspection to determine that this equipment written warnings; and release or
that the witness hole is blocked by the clevis is installed on the airplane, calculating the forfeiture of seized property. The
shank, and making any applicable total weight of the installed equipment, and comment period for the proposed rule
adjustment of the clevis). Perform the comparing that total to the weight limit closed on December 13, 2004.
corrective actions per the Accomplishment specified on the placard installed per Comments addressed various issues and
Instructions of the service bulletin, except as paragraph (d)(2) of this AD. If the weight is included requests to extend the
provided by paragraph (e) of this AD. outside the limits specified in the placard, comment period. The intent of this
before further flight, remove equipment from
Replacement of Tie Rods for Center Stowage document is to announce the reopening
the rack to meet the weight limit specified in
Bin
the placard. of the public comment period.
(c) For airplanes in Group 21, as listed in DATES: Written comments must be
the Airplane Group column of the table Actions Accomplished Previously received on or before January 31, 2005.
under 3.B.1.b.(2) of the Accomplishment (e) Actions accomplished before the ADDRESSES: Send comments to Meggan
Instructions of Boeing Special Attention effective date of this AD per the Engelke-Ros, Enforcement Attorney,
Service Bulletin 777–25–0144, Revision 2, Accomplishment Instructions of Boeing
dated January 15, 2004: Within 5 years after Special Attention Service Bulletin 777–25–
Office of General Counsel for
the effective date of this AD, replace the 0144, dated January 25, 2001; or Revision 1, Enforcement and Litigation, NOAA.
vertical support tie rods for the center dated January 10, 2002; are acceptable for Comments may be submitted by:
stowage bin with new improved tie rods compliance with the corresponding actions • Mail to 8484 Georgia Avenue, Suite
(including replacing the existing tie rod with required by this AD, provided that the 400, Silver Spring, MD 20910;
a new improved tie rod, torquing the jam additional actions specified in Part 2 or 3 of • E-mail to
nuts, inserting a pin in the witness hole to the Accomplishment Instructions of Boeing Part904.comments@noaa.gov; or

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