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37507

Proposed Rules Federal Register


Vol. 71, No. 126

Friday, June 30, 2006

This section of the FEDERAL REGISTER patrol officers, and medical personnel. DEPARTMENT OF TRANSPORTATION
contains notices to the public of the proposed Under 5 U.S.C. 5902, OPM may, from
issuance of rules and regulations. The time to time, adjust the maximum Federal Aviation Administration
purpose of these notices is to give interested uniform allowance granted to
persons an opportunity to participate in the employees for the cost of their uniforms. 14 CFR Part 39
rule making prior to the adoption of the final
rules.
The maximum uniform allowance rate [Docket No. FAA–2006–25205; Directorate
has not been increased since 1991. The Identifier 2006–NM–071–AD]
Producer Price Index—Commodities
(Seasonally Adjusted) increased RIN 2120–AA64
OFFICE OF PERSONNEL
MANAGEMENT approximately 24 percent between
Airworthiness Directives; Boeing
January 1991 and January 2005.
Model 767–200 and –300 Series
5 CFR Part 591 Therefore, we are proposing to revise
Airplanes
RIN 3206–AL07
the regulations at 5 CFR 591.103 to
increase the maximum annual uniform AGENCY: Federal Aviation
Allowances and Differentials allowance rate from $400 to $500. Administration (FAA), Department of
Transportation (DOT).
AGENCY: Office of Personnel E.O. 12866, Regulatory Review
ACTION: Notice of proposed rulemaking
Management. This rule has been reviewed by the (NPRM).
ACTION: Proposed rule with request for Office of Management and Budget in
comments. accordance with E.O. 12866. SUMMARY: The FAA proposes to
supersede an existing airworthiness
SUMMARY: The Office of Personnel Regulatory Flexibility Act directive (AD) that applies to certain
Management is issuing proposed Boeing Model 767–200, –300, and
regulations to increase the maximum I certify that these regulations would
not have a significant economic impact –300F series airplanes. The existing AD
annual uniform allowance rate. When currently requires an inspection of
civilian Federal employees are required on a substantial number of small entities
because they would apply only to visually accessible areas for indications
to wear a uniform in the performance of of overheating of the heater tape
their duties, agencies must pay a Federal agencies and employees.
attached to the potable water fill and
uniform allowance or furnish a uniform. List of Subjects in 5 CFR Part 591 drain lines in the forward and aft cargo
Under the proposed rule, the maximum compartments, exposed foam insulation
annual uniform allowance rate would be Government employees, Travel and
or missing or damaged protective tape
increased from $400 to $500. transportation expenses, Wages.
around the potable water fill and drain
DATES: Comments must be received on Office of Personnel Management. lines, and debris or contaminants on or
or before August 29, 2006. Linda M. Springer, near the potable water fill and drain
ADDRESSES: Send or deliver written Director. lines. That AD also requires corrective
comments to Jerome D. Mikowicz, action, as necessary. This proposed AD
Accordingly, OPM is proposing to
Acting Deputy Associate Director for would require repetitive inspections of
amend 5 CFR part 591 as follows:
Pay and Performance Policy, Strategic the forward and aft cargo compartments,
Human Resources Policy Division, PART 591—ALLOWANCES AND as applicable, for discrepancies of the
Office of Personnel Management, Room DIFFERENTIALS potable water supply and gray water
7H31, 1900 E Street, NW., Washington, drain lines; and applicable corrective
DC 20415–8200; by fax at (202) 606– Subpart A—Uniform Allowances actions if necessary. This proposed AD
0824; or by e-mail at pay-performance- also would require replacing the heater
policy@opm.gov. 1. The authority citation for subpart A tapes on the potable water supply and
FOR FURTHER INFORMATION CONTACT: of part 591 continues to read as follows: gray water drain lines of the forward
Kevin Kitchelt, by telephone at (202) Authority: 5 U.S.C. 5903; E.O. 12748, 3 and aft cargo compartments, as
606–2858; by fax at (202) 606–0824; or CFR 1991 Comp., p. 316. Source: 59 FR applicable, with new ribbon heaters,
by e-mail at pay-performance- 43705, Aug. 25, 1994, unless otherwise which would end the repetitive
policy@opm.gov. noted. inspections. This proposed AD results
SUPPLEMENTARY INFORMATION: The Office 2. In § 591.103, paragraphs (a) and (b) from a report of a fire in the aft cargo
of Personnel Management (OPM) is are revised to read as follows: compartment. We are proposing this AD
proposing to increase the maximum to prevent overheating of the heater tape
annual uniform allowance rate. Under 5 § 591.103 Governmentwide maximum on potable water fill and drain lines,
U.S.C. 5901(a), when civilian Federal uniform allowance rate. which may ignite accumulated debris or
employees are required to wear a * * * * * contaminants on or near the potable
water fill and drain lines, resulting in a
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uniform in the performance of their (a) Pay an allowance for a uniform not
duties, agencies must pay a uniform fire in the airplane.
to exceed $500 a year; or
allowance not to exceed $400 a year or DATES: We must receive comments on
(b) Furnish a uniform at a cost not to this proposed AD by August 14, 2006.
furnish a uniform at a cost not to exceed
exceed $500 a year.
$400. Many agencies provide uniform ADDRESSES: Use one of the following
allowances to employees, such as police [FR Doc. 06–5890 Filed 6–29–06; 8:45 am] addresses to submit comments on this
officers, firefighters, customs and border BILLING CODE 6325–39–P proposed AD.

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37508 Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Proposed Rules

• DOT Docket Web site: Go to Examining the Docket damaged protective tape of all heater
http://dms.dot.gov and follow the You may examine the AD docket on tape. The applicable corrective actions
instructions for sending your comments the Internet at http://dms.dot.gov, or in include:
electronically. person at the Docket Management • Removing FOD or contamination;
• Government-wide rulemaking Web Facility office between 9 a.m. and 5 • Replacing damaged heater tape with
site: Go to http://www.regulations.gov p.m., Monday through Friday, except new heater tape;
and follow the instructions for sending Federal holidays. The Docket • Disconnecting damaged heater tape;
your comments electronically. Management Facility office (telephone • Applying a continuous wrap of
• Mail: Docket Management Facility; (800) 647–5227) is located on the plaza external protective tape to cover the
U.S. Department of Transportation, 400 level of the Nassif Building at the DOT foam insulation; and
Seventh Street, SW., Nassif Building, street address stated in the ADDRESSES
room PL–401, Washington, DC 20590. • Fully covering the heater tape with
section. Comments will be available in external protective tape.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on the AD docket shortly after the Docket In addition, the service bulletin
the plaza level of the Nassif Building, Management System receives them. describes procedures for replacing the
400 Seventh Street, SW., Washington, Discussion heater tapes on the potable water supply
DC, between 9 a.m. and 5 p.m., Monday and gray water drain lines of the
On May 29, 2002, we issued AD
through Friday, except Federal holidays. forward and aft cargo compartments, as
2002–11–11, amendment 39–12772 (67
Contact Boeing Commercial applicable, with new Adel Wiggins
FR 39265, June 7, 2002), for certain
Airplanes, P.O. Box 3707, Seattle, ribbon heaters, which ends the need for
Boeing Model 767–200, –300, and
Washington 98124–2207, for service the repetitive inspections.
–300F series airplanes. That AD requires
information identified in this proposed Accomplishing the actions specified
an inspection of visually accessible
AD. in the service information is intended to
areas for indications of overheating of
FOR FURTHER INFORMATION CONTACT: the heater tape attached to the potable adequately address the unsafe
Donald Eiford, Aerospace Engineer, water fill and drain lines in the forward condition.
Cabin Safety and Environmental and aft cargo compartments, exposed FAA’s Determination and Requirements
Systems Branch, ANM–150S, FAA, foam insulation or missing or damaged of the Proposed AD
Seattle Aircraft Certification Office, protective tape around the potable water
1601 Lind Avenue, SW., Renton, fill and drain lines, and debris or We have evaluated all pertinent
Washington 98055–4056; telephone contaminants on or near the potable information and identified an unsafe
(425) 917–6465; fax (425) 917–6590. water fill and drain lines. That AD also condition that is likely to develop on
SUPPLEMENTARY INFORMATION: requires correction action, as necessary. other airplanes of the same type design.
That AD resulted from a report of a fire For this reason, we are proposing this
Comments Invited AD, which would supersede AD 2002–
in the aft cargo compartment. We issued
We invite you to submit any relevant that AD to prevent overheating of the 11–11 to require accomplishing the
written data, views, or arguments heater tape on potable water fill and actions specified in the service bulletin
regarding this proposed AD. Send your drain lines, which may ignite described previously.
comments to an address listed in the accumulated debris or contaminants on Change to Existing AD
ADDRESSES section. Include the docket or near the potable water fill and drain
number ‘‘Docket No. FAA–2006–25205; lines, resulting in a fire in the airplane. AD 2002–11–11 affects Model 767–
Directorate Identifier 2006–NM–071– 200, –300, and –300F series airplanes
AD’’ at the beginning of your comments. Actions Since Existing AD Was Issued with non-fully-enclosed cargo floors in
We specifically invite comments on the In the preamble to AD 2002–11–11, the lower cargo areas. Since the
overall regulatory, economic, we indicated that the actions required issuance of that AD, Boeing has
environmental, and energy aspects of by that AD were considered ‘‘interim informed us that the new, improved
the proposed AD. We will consider all action,’’ and that further rulemaking heater tapes are being installed on
comments received by the closing date action was being considered. We now airplanes, line numbers 919 and higher,
and may amend the proposed AD in have determined that further in production. Boeing Service Bulletin
light of those comments. rulemaking action is indeed necessary, 767–30A0038, Revision 2, specifies the
We will post all comments we and this proposed AD follows from that current affected airplanes and operators.
receive, without change, to determination. In addition, we have determined that
http://dms.dot.gov, including any Model 767–300F series airplanes are not
personal information you provide. We Relevant Service Information subject to the identified unsafe
will also post a report summarizing each We have reviewed Boeing Service condition and were inadvertently
substantive verbal contact with FAA Bulletin 767–30A0038, Revision 2, included in the applicability of AD
personnel concerning this proposed AD. dated February 23, 2006. Revision 2 of 2002–11–11. Therefore, the applicability
Using the search function of that Web the service bulletin describes of this proposed AD limits the
site, anyone can find and read the procedures for repetitive general visual applicability of the existing AD to
comments in any of our dockets, inspections of the forward and aft cargo airplanes identified in Revision 2 of
including the name of the individual compartments, as applicable, for Boeing Service Bulletin 767–30A0038.
who sent the comment (or signed the discrepancies of the potable water
Costs of Compliance
comment on behalf of an association, supply and gray water drain lines; and
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business, labor union, etc.). You may applicable corrective actions if There are about 455 airplanes of the
review the DOT’s complete Privacy Act necessary. The discrepancies include: affected design in the worldwide fleet.
Statement in the Federal Register foreign object debris (FOD), The following table provides the
published on April 11, 2000 (65 FR contamination, heat damage, exposed estimated costs for U.S. operators to
19477–78), or visit http://dms.dot.gov. foam insulation, and missing or comply with this proposed AD.

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Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Proposed Rules 37509

ESTIMATED COSTS
Number of
Average U.S.-reg-
Action Work hours 1 labor rate Parts Cost per airplane 1 istered air- Fleet cost 2
per hour planes

Inspections .................... 2 or 3 ........................... $80 None ........ $160 or $240, per in- 83 Between $13,280 and
spection cycle. $19,920, per inspec-
tion cycle.
Replacement (Ends In- Between 1 and 3 ......... 80 $8,000 ...... Between $8,080 and 83 Between $670,640 and
spections). $8,240. $683,920.
1 Depending on airplane configuration.
2 Depending on fleet configuration.

Authority for This Rulemaking 3. Will not have a significant Affected ADs
Title 49 of the United States Code economic impact, positive or negative, (b) This AD supersedes AD 2002–11–11.
specifies the FAA’s authority to issue on a substantial number of small entities
Applicability
rules on aviation safety. Subtitle I, under the criteria of the Regulatory
Flexibility Act. (c) This AD applies to Boeing Model 767–
Section 106, describes the authority of 200 and –300 series airplanes, certificated in
the FAA Administrator. Subtitle VII, We prepared a regulatory evaluation any category, as identified in Boeing Service
Aviation Programs, describes in more of the estimated costs to comply with Bulletin 767–30A0038, Revision 2, dated
detail the scope of the Agency’s this proposed AD and placed it in the February 23, 2006.
authority. AD docket. See the ADDRESSES section Note 1: For the purposes of this AD: An
We are issuing this rulemaking under for a location to examine the regulatory open cargo floor configuration, as identified
the authority described in Subtitle VII, evaluation. in Boeing Service Bulletin 767–30A0038, is
Part A, Subpart III, Section 44701, a floor without panels installed between all
‘‘General requirements.’’ Under that List of Subjects in 14 CFR Part 39 roller trays in the cargo compartment. A
section, Congress charges the FAA with closed cargo floor configuration, as identified
Air transportation, Aircraft, Aviation in Boeing Service Bulletin 767–30A0038, is
promoting safe flight of civil aircraft in safety, Safety.
air commerce by prescribing regulations a floor with panels installed between all
The Proposed Amendment roller trays in the cargo compartment.
for practices, methods, and procedures
the Administrator finds necessary for Unsafe Condition
safety in air commerce. This regulation Accordingly, under the authority
delegated to me by the Administrator, (d) This AD results from a report of a fire
is within the scope of that authority in the aft cargo compartment. We are issuing
because it addresses an unsafe condition the FAA proposes to amend 14 CFR part
this AD to prevent overheating of the heater
that is likely to exist or develop on 39 as follows: tape on potable water fill and drain lines,
products identified in this rulemaking which may ignite accumulated debris or
PART 39—AIRWORTHINESS contaminants on or near the potable water fill
action.
DIRECTIVES and drain lines, resulting in a fire in the
Regulatory Findings airplane.
We have determined that this 1. The authority citation for part 39
continues to read as follows: Compliance
proposed AD would not have federalism
(e) You are responsible for having the
implications under Executive Order Authority: 49 U.S.C. 106(g), 40113, 44701.
actions required by this AD performed within
13132. This proposed AD would not the compliance times specified, unless the
§ 39.13 [Amended]
have a substantial direct effect on the actions have already been done.
States, on the relationship between the 2. The Federal Aviation
Repetitive Inspections
national Government and the States, or Administration (FAA) amends § 39.13
on the distribution of power and by removing amendment 39–12772 (67 (f) Within 18 months since the date of
responsibilities among the various FR 39265, June 7, 2002) and adding the issuance of the original standard
airworthiness certificate or the date of
levels of government. following new airworthiness directive
issuance of the original export certificate of
For the reasons discussed above, I (AD): airworthiness, or within 90 days after the
certify that the proposed regulation: Boeing: Docket No. FAA–2006–25205; effective date of this AD, whichever is later:
1. Is not a ‘‘significant regulatory Directorate Identifier 2006–NM–071–AD. Do the actions in Table 1 of this AD in
action’’ under Executive Order 12866; accordance with the Accomplishment
2. Is not a ‘‘significant rule’’ under the Comments Due Date Instructions of Boeing Service Bulletin 767–
DOT Regulatory Policies and Procedures (a) The FAA must receive comments on 30A0038, Revision 2, dated February 23,
(44 FR 11034, February 26, 1979); and this AD action by August 14, 2006. 2006.

TABLE 1.—INSPECTIONS
Do a general visual inspection of the forward
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and aft cargo compartments, as applicable, And, repeat at intervals not to exceed— Until the replacement required by—
for—

(1) Foreign object debris (FOD) or contamina- 600 flight hours ................................................ Paragraph (h) of this AD is done.
tion on, near, or around the potable water
supply and gray water drain lines.

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37510 Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Proposed Rules

TABLE 1.—INSPECTIONS—Continued
Do a general visual inspection of the forward
and aft cargo compartments, as applicable, And, repeat at intervals not to exceed— Until the replacement required by—
for—

(2) Indications of heat damage, exposed foam 1,800 flight hours ............................................. Paragraph (h) of this AD is done.
insulation, or missing or damaged protective
tape of all heater tape on the potable water
supply and gray water drain lines.

Corrective Actions with Accomplishment Instructions of Boeing drain lines of the forward and aft cargo
(g) If any discrepancy identified in Table Service Bulletin 767–30A0038, Revision 2, compartments, as applicable, with Adel
dated February 23, 2006. Wiggins ribbon heaters, in accordance with
1 of this AD is found during any general
Accomplishment Instructions of Boeing
visual inspection required by either Terminating Action Service Bulletin 767–30A0038, Revision 2,
paragraph, before further flight, do the (h) At the applicable time specified in dated February 23, 2006. Accomplishing the
applicable corrective action by Table 2 of this AD: Replace the heater tapes replacement ends the requirements of
accomplishing all the actions in accordance on the potable water supply and gray water paragraph (f) of this AD.

TABLE 2.—COMPLIANCE TIME FOR REPLACEMENT


For airplanes on which the heater tape— Compliance time

(1) Has not been replaced in accordance with Boeing Service Bulletin Within 42 months since the date of issuance of the original standard
767–30A0037, dated May 28, 2002; or Revision 1, dated July 19, airworthiness certificate or the date of issuance of the original stand-
2002; as of the effective date of this AD. ard airworthiness certificate of the date of issuance of the original ex-
port certificate of airworthiness, or within 24 months after the effec-
tive date of this AD, whichever occurs later.
(2) Has been replaced in accordance with Boeing Service Bulletin 767– Within 42 months after replacing the heater tape, or within 24 months
30A0037, dated May 28, 2002; or Revision 1, dated July 19, 2002; after the effective date of this AD, whichever occurs later.
as of the effective date of this AD.

Credit for Earlier Revisions of Service (2) Before using any AMOC approved in certain Fokker Model F27 Mark 050 and
Bulletin accordance with § 39.19 on any airplane to Model F.28 Mark 0070 and 0100
(i) For airplanes having variable number which the AMOC applies, notify the airplanes. This proposed AD would
(VN) VN471 and VN472: Actions done in the appropriate principal inspector in the FAA require repetitively removing the two
forward cargo compartment before the Flight Standards Certificate Holding District
Office.
existing escape rope assemblies in the
effective date of this AD in accordance with flight compartment and installing new
Boeing Alert Service Bulletin 767–30A0038, Issued in Renton, Washington, on June 20, escape rope assemblies. This proposed
dated December 16, 2004; or Revision 1, 2006. AD results from reports of findings of
dated September 29, 2005; are acceptable for Kalene C. Yanamura, small cracks in the polyester assembly
compliance with the corresponding
Acting Manager, Transport Airplane block in which the cotton escape rope
requirements of this AD for the forward cargo
Directorate, Aircraft Certification Service. is stored. A test revealed that the escape
compartment only.
(j) For airplanes having VN VS704 through [FR Doc. 06–5874 Filed 6–29–06; 8:45 am] ropes had deteriorated over time, and
VS707 inclusive: Actions done in the forward BILLING CODE 4910–13–P the load capability was considerably
cargo compartment before the effective date reduced. We are proposing this AD to
of this AD in accordance with Boeing Alert ensure that flightcrew members safely
Service Bulletin 767–30A0038, Revision 1, DEPARTMENT OF TRANSPORTATION reach the ground after exiting the flight
dated September 29, 2005, are acceptable for compartment window during an
compliance with the corresponding Federal Aviation Administration emergency evacuation.
requirements of this AD for the forward cargo
DATES: We must receive comments on
compartment only. 14 CFR Part 39
(k) For airplanes other than those this proposed AD by July 31, 2006.
identified in paragraphs (i) and (j) of this AD: [Docket No. FAA–2006–25219; Directorate ADDRESSES: Use one of the following
Actions done in the forward and aft cargo Identifier 2005–NM–259–AD] addresses to submit comments on this
compartments, as applicable, before the RIN 2120–AA64 proposed AD.
effective date of this AD in accordance with • DOT Docket Web site: Go to
Boeing Alert Service Bulletin 767–30A0038, Airworthiness Directives; Fokker http://dms.dot.gov and follow the
dated December 16, 2004; or Revision 1, Model F27 Mark 050 and Model F.28 instructions for sending your comments
dated September 29, 2005; are acceptable for electronically.
Mark 0070 and 0100 Airplanes
compliance with the corresponding • Government-wide rulemaking Web
requirements of this AD. AGENCY: Federal Aviation site: Go to http://www.regulations.gov
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Alternative Methods of Compliance Administration (FAA), Department of and follow the instructions for sending
(AMOCs) Transportation (DOT). your comments electronically.
(l)(1) The Manager, Seattle Aircraft ACTION: Notice of proposed rulemaking • Mail: Docket Management Facility,
Certification Office, FAA, has the authority to (NPRM). U.S. Department of Transportation, 400
approve AMOCs for this AD, if requested in Seventh Street, SW., Nassif Building,
accordance with the procedures found in 14 SUMMARY: The FAA proposes to adopt a room PL–401, Washington, DC 20590.
CFR 39.19. new airworthiness directive (AD) for • Fax: (202) 493–2251.

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