Airworthiness Directives; Boeing Model 777-200 and -300 Series Airplanes, 16449-16451 [05-6349]

Download as PDF Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules Inspection DEPARTMENT OF TRANSPORTATION (f) Within 1,000 flight hours or 180 days after the effective date of this AD, whichever is first: Inspect to determine the part number (P/N) of the left and right engine fire handles, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–26–0012 (for Model EMB–135 and EMB– 145 series airplanes, except for EMB–135BJ series airplanes), Revision 01, dated January 6, 2005; or EMBRAER Service Bulletin 145LEG–26–0003 (for Model EMB–135BJ series airplanes), Revision 01, dated January 6, 2005; as applicable. Instead of inspecting the left and right engine fire handles, a review of airplane maintenance records is acceptable if the P/Ns of the left and right engine fire handles can be determined conclusively from that review. If left and right engine fire handles, P/Ns 1–7054–1 and 2–7054–1, respectively, are found installed on the airplane, then no further action is required by this paragraph. If any engine fire handle having P/N 1–7054–2 or 2–7054–2 is found installed on the airplane, before further flight, replace the engine fire handle with an engine fire handle having P/N 1– 7054–1 or 2–7054–1, as applicable, in accordance with the service bulletin. Parts Installation (g) As of the effective date of this AD, no person may install left or right engine fire handles, P/Ns 1–7054–2 and 2–7054–2, on any airplane. Credit for Previous Service Bulletin (h) Actions done before the effective date of this AD in accordance with EMBRAER Service Bulletin 145–26–0012, dated October 6, 2004; or EMBRAER Service Bulletin 145LEG–26–0003, dated October 6, 2004; as applicable; are acceptable for compliance with the requirements of paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (i) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Related Information (j) Brazilian airworthiness directive 2004– 10–01, dated October 30, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on March 21, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6348 Filed 3–30–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20732; Directorate Identifier 2004–NM–278–AD] 16449 Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20732; the directorate identifier for this docket is 2004–NM–278–AD. Airworthiness Directives; Boeing Model 777–200 and –300 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6482; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777–200 and –300 series airplanes. This proposed AD would require replacing the battery packs of the emergency power assist system (EPAS) of the left and right nonoverwing exit doors with new or modified battery packs. This proposed AD is prompted by intermittent failures of the EPAS battery pack found during testing, which are due to switch contamination, cam alignment problems, and inadequate self-test capability. We are proposing this AD to prevent failure of the EPAS, which could result in the inability to open the exit door during an emergency evacuation. SUMMARY: We must receive comments on this proposed AD by May 16, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket DATES: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20732; Directorate Identifier 2004–NM–278–AD’’ in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. E:\FR\FM\31MRP1.SGM 31MRP1 16450 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules Discussion We have received a report indicating that, during testing on Boeing Model 777–200 and –300 series airplanes, several intermittent failures of the battery packs of the emergency power assist system (EPAS) of the left and right non-overwing exit doors occurred. Investigation revealed that the failures are due to switch contamination, cam alignment problems, and inadequate self-test capability in the exit door. These problems could cause loss of the power that is necessary to operate the EPAS. These conditions, if not corrected, could result in failure of the EPAS and consequent inability to open the exit door during an emergency evacuation. Relevant Service Information We have reviewed Boeing Service Bulletin 777–52–0033, Revision 1, dated June 12, 2003. The service bulletin describes procedures for replacing the battery packs of the EPAS of the left and right non-overwing exit doors with new battery packs for Group 1 and 2 airplanes. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. Boeing has also issued Component Service Bulletin 285W0955–24–01, dated November 21, 2002, which describes procedures for modifying the battery packs of the EPAS. This is an optional modification for Group 2 airplanes and may be done in lieu of the replacement specified in Boeing Service Bulletin 777–52–0033, Revision 1. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance There are about 348 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 134 airplanes of U.S. registry. For all affected airplanes: The proposed replacement would take about 8 work hours per airplane (1 work hour per battery pack), at an average labor rate of $65 per work hour. Required parts would cost about $29,058 per airplane. Based on these figures, the estimated cost of the proposed replacement for U.S. operators is $29,578 per airplane. VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 For Group 2 airplanes: The optional modification, if accomplished, would take about 16 work hours per airplane (2 work hours per battery pack), at an average labor rate of $65 per work hour. Required parts would cost about $789 per airplane. Based on these figures, the estimated cost is $1,829 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2005–20732; Directorate Identifier 2004–NM–278–AD. Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this AD action by May 16, 2005. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 777– 200 and –300 series airplanes; certificated in any category; as identified in Boeing Service Bulletin 777–52–0033, Revision 1, dated June 12, 2003. Unsafe Condition (d) This AD was prompted by intermittent failures of the emergency power assist system (EPAS) battery pack found during testing, which are due to switch contamination, cam alignment problems, and inadequate self-test capability. We are issuing this AD to prevent failure of the EPAS, which could result in the inability to open the exit door during an emergency evacuation. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Replacement (f) For Group 1 airplanes, as identified in Boeing Service Bulletin 777–52–0033, Revision 1, dated June 12, 2003: Within 24 months after the effective date of this AD, replace the battery packs of the EPAS of the left and right non-overwing exit doors with new battery packs by doing all the actions specified in Boeing Service Bulletin 777–52– 0033, Revision 1, dated June 12, 2003. Replacement or Modification (g) For Group 2 airplanes, as identified in Boeing Service Bulletin 777–52–0033, Revision 1, dated June 12, 2003: Within 24 months after the effective date of this AD, accomplish the actions specified in either paragraph (g)(1) or (g)(2) of this AD. (1) Replace the battery packs as required by paragraph (f) of this AD. (2) Modify the battery packs by doing all the actions specified in Boeing Component E:\FR\FM\31MRP1.SGM 31MRP1 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules Service Bulletin 285W0955–24–01, dated November 21, 2002. Credit for Actions Accomplished Previously (h) Accomplishing the actions required by paragraph (f) or (g) before the effective date of this AD, in accordance with Boeing Service Bulletin 777–52–0033 dated November 21, 2002, is considered acceptable for compliance with the corresponding actions in this AD. The manufacturer issued Information Notice (IN) 777–52–0033 IN 01 dated January 9, 2003, to inform operators of an error in the part number for a 9-volt alkaline battery as specified in Paragraph 2.C.2. of the original issue of the service bulletin. Parts Installation (i) As of the effective date of this AD, no person may install a EPAS battery pack, part number (P/N) S283W203–1 or P/N 285W0955–101, on any airplane. Alternative Methods of Compliance (AMOCs) (j) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Issued in Renton, Washington, on March 21, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6349 Filed 3–30–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 RIN 1513–AA92 [Notice No. 36] Proposed Establishment of the Calistoga Viticultural Area (2003R– 496P) Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the ‘‘Calistoga’’ viticultural area in Napa County, California. The proposed area surrounds the town of Calistoga and is entirely within the existing Napa Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations. VerDate jul<14>2003 14:50 Mar 30, 2005 Jkt 205001 We must receive written comments on or before May 31, 2005. ADDRESSES: You may send comments to any one of the following addresses: • Chief, Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, Attn: Notice No. 36, P.O. Box 14412, Washington, DC 20044– 4412. • 202–927–8525 (facsimile). • nprm@ttb.gov (e-mail). • https://www.ttb.gov/alcohol/rules/ index.htm (an online comment form is posted with this notice on our Web site). • https://www.regulations.gov (Federal e-rulemaking portal; follow instructions for submitting comments). You may view copies of this notice, the petition, the appropriate maps, and any comments we receive on this proposal by appointment at the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an appointment, call 202–927–2400. You may also access copies of the notice and comments online at https://www.ttb.gov/ alcohol/rules/index.htm. See the Public Participation section of this notice for specific instructions and requirements for submitting comments and for information on how to request a public hearing. FOR FURTHER INFORMATION CONTACT: Lisa M. Gesser, Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 128 Morganza, MD 20660; (301) 290–1460. SUPPLEMENTARY INFORMATION: DATES: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (the FAA Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels provide the consumer with adequate information regarding a product’s identity and prohibits the use of misleading information on those labels. The FAA Act also authorizes the Secretary of the Treasury to issue regulations to carry out its provisions. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers these regulations. Part 4 of the TTB regulations (27 CFR part 4) allows the establishment of definitive viticultural areas and the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains the list of approved viticultural areas. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 16451 distinguishable by geographical features, the boundaries of which have been recognized and defined in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to its geographic origin. The establishment of viticultural areas allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of a viticultural area is neither an approval nor an endorsement by TTB of the wine produced in that area. Requirements Section 4.25(e)(2) of the TTB regulations outlines the procedure for proposing an American viticultural area and provides that any interested party may petition TTB to establish a grapegrowing region as a viticultural area. Section 9.3(b) of the TTB regulations requires the petition to include— • Evidence that the proposed viticultural area is locally and/or nationally known by the name specified in the petition; • Historical or current evidence that supports setting the boundary of the proposed viticultural area as the petition specifies; • Evidence relating to the geographical features, such as climate, elevation, physical features, and soils, that distinguish the proposed viticultural area from surrounding areas; • A description of the specific boundary of the proposed viticultural area, based on features found on United States Geological Survey (USGS) maps; and • A copy of the appropriate USGS map(s) with the proposed viticultural area’s boundary prominently marked. Calistoga Petition TTB received a petition from James P. ‘‘Bo’’ Barrett of Chateau Montelena, a Calistoga, California, winery and vineyard, on behalf of interested parties in the Calistoga viticultural community proposing to establish ‘‘Calistoga’’ as an American viticultural area. Located in northwestern Napa County, California, the proposed viticultural area surrounds the town of Calistoga and is entirely within the existing Napa Valley viticultural area (27 CFR 9.23). Below, we summarize the evidence presented in the petition. Name Evidence The petitioner submitted the following as evidence that the proposed E:\FR\FM\31MRP1.SGM 31MRP1

Agencies

[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16449-16451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6349]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20732; Directorate Identifier 2004-NM-278-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 777-200 and -300 series airplanes. This 
proposed AD would require replacing the battery packs of the emergency 
power assist system (EPAS) of the left and right non-overwing exit 
doors with new or modified battery packs. This proposed AD is prompted 
by intermittent failures of the EPAS battery pack found during testing, 
which are due to switch contamination, cam alignment problems, and 
inadequate self-test capability. We are proposing this AD to prevent 
failure of the EPAS, which could result in the inability to open the 
exit door during an emergency evacuation.

DATES: We must receive comments on this proposed AD by May 16, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20732; the directorate identifier for this docket is 
2004-NM-278-AD.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Systems and 
Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6482; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20732; 
Directorate Identifier 2004-NM-278-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

[[Page 16450]]

Discussion

    We have received a report indicating that, during testing on Boeing 
Model 777-200 and -300 series airplanes, several intermittent failures 
of the battery packs of the emergency power assist system (EPAS) of the 
left and right non-overwing exit doors occurred. Investigation revealed 
that the failures are due to switch contamination, cam alignment 
problems, and inadequate self-test capability in the exit door. These 
problems could cause loss of the power that is necessary to operate the 
EPAS. These conditions, if not corrected, could result in failure of 
the EPAS and consequent inability to open the exit door during an 
emergency evacuation.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 777-52-0033, Revision 1, 
dated June 12, 2003. The service bulletin describes procedures for 
replacing the battery packs of the EPAS of the left and right non-
overwing exit doors with new battery packs for Group 1 and 2 airplanes. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.
    Boeing has also issued Component Service Bulletin 285W0955-24-01, 
dated November 21, 2002, which describes procedures for modifying the 
battery packs of the EPAS. This is an optional modification for Group 2 
airplanes and may be done in lieu of the replacement specified in 
Boeing Service Bulletin 777-52-0033, Revision 1.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously.

Costs of Compliance

    There are about 348 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 134 airplanes of 
U.S. registry.
    For all affected airplanes: The proposed replacement would take 
about 8 work hours per airplane (1 work hour per battery pack), at an 
average labor rate of $65 per work hour. Required parts would cost 
about $29,058 per airplane. Based on these figures, the estimated cost 
of the proposed replacement for U.S. operators is $29,578 per airplane.
    For Group 2 airplanes: The optional modification, if accomplished, 
would take about 16 work hours per airplane (2 work hours per battery 
pack), at an average labor rate of $65 per work hour. Required parts 
would cost about $789 per airplane. Based on these figures, the 
estimated cost is $1,829 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20732; Directorate Identifier 2004-NM-
278-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by May 16, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200 and -300 series 
airplanes; certificated in any category; as identified in Boeing 
Service Bulletin 777-52-0033, Revision 1, dated June 12, 2003.

Unsafe Condition

    (d) This AD was prompted by intermittent failures of the 
emergency power assist system (EPAS) battery pack found during 
testing, which are due to switch contamination, cam alignment 
problems, and inadequate self-test capability. We are issuing this 
AD to prevent failure of the EPAS, which could result in the 
inability to open the exit door during an emergency evacuation.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) For Group 1 airplanes, as identified in Boeing Service 
Bulletin 777-52-0033, Revision 1, dated June 12, 2003: Within 24 
months after the effective date of this AD, replace the battery 
packs of the EPAS of the left and right non-overwing exit doors with 
new battery packs by doing all the actions specified in Boeing 
Service Bulletin 777-52-0033, Revision 1, dated June 12, 2003.

Replacement or Modification

    (g) For Group 2 airplanes, as identified in Boeing Service 
Bulletin 777-52-0033, Revision 1, dated June 12, 2003: Within 24 
months after the effective date of this AD, accomplish the actions 
specified in either paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace the battery packs as required by paragraph (f) of 
this AD.
    (2) Modify the battery packs by doing all the actions specified 
in Boeing Component

[[Page 16451]]

Service Bulletin 285W0955-24-01, dated November 21, 2002.

Credit for Actions Accomplished Previously

    (h) Accomplishing the actions required by paragraph (f) or (g) 
before the effective date of this AD, in accordance with Boeing 
Service Bulletin 777-52-0033 dated November 21, 2002, is considered 
acceptable for compliance with the corresponding actions in this AD. 
The manufacturer issued Information Notice (IN) 777-52-0033 IN 01 
dated January 9, 2003, to inform operators of an error in the part 
number for a 9-volt alkaline battery as specified in Paragraph 
2.C.2. of the original issue of the service bulletin.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
EPAS battery pack, part number (P/N) S283W203-1 or P/N 285W0955-101, 
on any airplane.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6349 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-13-P
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