[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Proposed Rules]
[Pages 58314-58318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16198]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23842; Directorate Identifier 2005-NM-145-AD]
RIN 2120-AA64


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

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier proposed airworthiness 
directive (AD) for certain Boeing Model 777-200 and 777-300 series 
airplanes. The original NPRM would have required repetitive inspections 
for discrepancies of the splined components that support the inboard 
end of the inboard trailing edge flap; related investigative, 
corrective, and other specified actions if necessary; a one-time 
modification of the inboard support of the inboard trailing edge flap 
by installing a new isolation strap and attachment hardware; and 
repetitive replacement of the torque tube assembly. The original NPRM 
resulted from reports of corrosion on the torque tube and closeout rib 
fittings that support the inboard end of the inboard trailing edge 
flap, as well as a structural reassessment of the torque tube joint 
that revealed the potential for premature fatigue cracking of the 
torque tube that would not be detected using reasonable inspection 
methods. This action revises the original NPRM by providing the 
terminating action for the repetitive inspections of modifying the 
inboard main flap. This action also revises the original NPRM by 
specifying prior or concurrent accomplishment, for certain Boeing Model 
777-200 series airplanes, of one-time inspections of the flap seal 
panels for cracking and minimum clearances, and of the torque tubes for 
damage; and related investigative and corrective actions if necessary. 
We are proposing this supplemental NPRM to detect and correct corrosion 
or cracking of the torque tube and closeout rib fittings that support 
the inboard end of the inboard trailing edge flap. Cracking in these 
components could lead to a fracture, which could result in loss of the 
inboard trailing edge flap and consequent reduced controllability of 
the airplane.

DATES: We must receive comments on this supplemental NPRM by October 
30, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://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.
     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.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Gary Oltman, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6443; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2006-23842; Directorate Identifier 2005-NM-145-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://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 supplemental NPRM. 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain Boeing 
Model 777-200 and 777-300 series airplanes. The original NPRM was 
published in the Federal Register on February 9, 2006 (71 FR 6687). The 
original NPRM proposed to require repetitive inspections for 
discrepancies of the splined components that support the inboard end of 
the inboard trailing edge flap; related investigative, corrective, and 
other specified actions if necessary; a one-time modification of the 
inboard support of the inboard trailing edge flap by installing a new 
isolation strap and attachment hardware; and repetitive replacement of 
the torque tube assembly.

[[Page 58315]]

Actions Since Original NPRM Was Issued

    In the original NPRM we stated that we considered the proposed 
actions to be interim. We stated that the manufacturer was currently 
developing a new, improved torque tube made from corrosion-resistant 
steel with thicker walls; and that installing this new, improved torque 
tube was expected to address the unsafe condition identified in 
theoriginal NPRM and eliminate the need for the repetitive inspections 
and torque tube assembly replacements. Since we issued the original 
NPRM, the manufacturer has developed the improved torque tube and made 
it available. We have approved the improved torque tube, and this 
action follows that approval.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 777-57-0054, dated 
February 23, 2006. The service bulletin describes procedures for 
modifying the inboard main flap by installing a new corrosion-resistant 
(CRES) closeout rib fitting assembly; a new CRES torque tube; a new 
CRES torque tube retainer fitting; certain new components such as 
isolation straps, washers, and nuts; and assembling the parts using 
corrosion-inhibiting compound in lieu of grease. The service bulletin 
also specifies updating the maintenance practices for performing 
periodic inspections and maintenance of the torque tube splined joints, 
as given in the Boeing 777 Maintenance Planning Document (MPD) 
D622W001, Section 2, MPD Item 57-521-00, and Boeing 777 MPD D622W001, 
Section 9, Structural Significant Items (SSI) 57-53-I10 and SSI 57-53-
I11.
    Boeing Service Bulletin 777-57-0054 states that, for certain 
airplanes, the actions specified in Boeing Service Bulletin 777-27-
0034, Revision 1, dated April 20, 2006, must be done prior to or 
concurrently with the modification of the inboard main flap. These 
prior/concurrent actions are a visual inspection of the flap seal 
panels for cracking and a measurement for minimum clearances; a close 
visual inspection of the torque tubes of the main flap for damage 
(breaks in the finish or finish that is not intact); and corrective 
actions if necessary. The corrective actions include:
     For the flap seal panels: Replacing the panel or doing a 
permanent repair and trim of the panel before further flight. If the 
cracking is within certain limits specified in the service bulletin, 
the service bulletin specifies the option of an immediate temporary 
repair followed by eventual permanent repair and trim, or replacement 
of the panel within 6 months after the temporary repair. If the 
cracking is outside certain limits specified in the service bulletin, 
the option for a temporary or permanent repair is not specified; 
instead, the panel must be replaced. The replacement includes 
measurement for minimum clearances.
     For the torque tubes: Replacing the torque tube or 
repairing before further flight. The service bulletin specifies doing 
either a permanent repair or an immediate temporary repair, depending 
on the extent of the damage. The temporary repair includes the related 
investigative action of a visual inspection for corrosion, pitting, or 
cracks; and repair if necessary. If the temporary repair is done, the 
service bulletin specifies that it must be followed by eventual 
permanent repair or replacement of the torque tube within 6 months 
after the temporary repair. If the damage is outside certain limits 
specified in the service bulletin, the service bulletin states that the 
torque tube must be replaced rather than repaired, and that the 
replacement may be done in accordance with the service bulletin or in 
accordance with instructions given by Boeing.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

Comments

    We have considered the following comments on the original NPRM.

Support for the Original NPRM

    Boeing reviewed the contents of the original NPRM and concurs with 
the contents.

Request to Allow Credit for Original Revision of Service Bulletin

    Air Transport Association (ATA), on behalf of American Airlines, 
and British Airways request that we state that the original issue of 
Boeing Alert Service Bulletin 777-57A0048, dated September 9, 2004, is 
acceptable for compliance with the actions in the original NPRM. 
American Airlines points out that, according to Boeing, either release 
of the service bulletin is satisfactory.
    We agree. We cited only Boeing Service Bulletin 777-57A0048, 
Revision 1, dated June 9, 2005, as the appropriate source of service 
information for accomplishing the required actions. Revision 1 of the 
service bulletin provides additional flexibility in accomplishing the 
modification specified in the original NPRM, and provides improvements 
in the procedure to determine the condition of the spline interface. 
However, actions accomplished in accordance with the original release 
of the service bulletin are also acceptable for compliance. We have 
added paragraph (n) to this supplemental NPRM to give credit for 
actions accomplished in accordance with the original release of the 
service bulletin.

Request To Revise Cost Estimate

    British Airways states that the statement in the original NPRM that 
the work hours are negligible provided Boeing Service Bulletin 777-
57A0048, Revision 1, is carried out at a scheduled inspection is 
incorrect because there is no scheduled inspection that calls for the 
torque tube to be disturbed. British Airways points out that the Boeing 
figures for accomplishing this service bulletin are 138 hours minimum 
per airplane.
    We infer that British Airways would like us to revise the cost 
estimate. We disagree. The cost information below describes only the 
direct costs of the specific action proposed in the original NPRM, 
which is the detailed inspection for discrepancies of the splined 
components. In this case, the installation of the isolation strap and 
the replacement of the torque tube assembly are done during the 
detailed inspection, when the entire assembly has been completely 
disassembled. Therefore, the replacement of the torque tube assembly 
will take less time because no inspections of the originally installed 
torque tube are required if it is simply being replaced. We recognize 
that, in doing the actions required by an AD, operators may incur 
incidental costs in addition to the direct costs. The cost analysis in 
AD rulemaking actions, however, typically does not include incidental 
costs such as the time required to gain access and close up, time 
necessary for planning, or time necessitated by other administrative 
actions. Those incidental costs, which may vary significantly among 
operators, are almost impossible to calculate. There is no need to 
revise the original NPRM in this regard.

Request To Clarify Alternative Methods of Compliance (AMOCs)

    British Airways states that, presumably, an AMOC will need to be 
requested to cover those airplanes on which torque tube rework has been 
undertaken outside the scope of the instructions given in Boeing 
Service Bulletin 777-57A0048, Revision 1.
    We agree that an AMOC will need to be requested. Paragraph (l) of 
the original NPRM (new paragraph (o) of

[[Page 58316]]

this supplemental NPRM) gives procedures for requesting an AMOC. There 
is no need to revise the original NPRM in this regard.

FAA's Determination and Proposed Requirements of This Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Difference Between This Supplemental NPRM and Boeing Service Bulletin 
777-27-0034

    Where Boeing Service Bulletin 777-27-0034 specifies to replace the 
torque tube in accordance with that service bulletin (or instructions 
from Boeing), this supplemental NPRM would require replacing the torque 
tube with a new CRES torque tube in accordance with the procedures in 
Boeing Service Bulletin 777-57-0054.

Clarification of Inspection Terminology

    Boeing Service Bulletin 777-27-0034 specifies a visual inspection 
of the flap seal panels for cracking and measurement for minimum 
clearances; in this supplemental NPRM we refer to that inspection as a 
general visual inspection. That service bulletin also specifies a close 
visual inspection of the torque tubes of the main flap for damage. In 
this supplemental NPRM we refer to that inspection as a detailed 
inspection. We have included a definition of both inspection types in 
notes in this supplemental NPRM.

Explanation of Change to Costs of Compliance

    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    There are about 353 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD, at an average labor 
rate of $80 per work hour.

                                                 Estimated Costs
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                                                                               Number of U.S.-
            Action                Work hours       Parts        Cost per         registered        Fleet cost
                                                                airplane          airplanes
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Detailed inspection for        20..............       None  $1,600, per       132.............  $211,200, per
 discrepancies of the splined                                inspection                          inspection
 components.                                                 cycle.                              cycle.
Modification (installing       Negligible......    $17,156  $17,156.........  132.............  $2,264,592.
 isolation strap and
 hardware).
Replacement of torque tube     Negligible \1\..    $24,230  $24,230.........  132.............  $3,198,360, per
 assembly.                                                                                       replacement
                                                                                                 cycle.
Modification (terminating      32 to 36,          $145,659  $148,219 to       132.............  $19,564,908 to
 action).                       depending on                 $148,539.                           $19,607,148.
                                airplane
                                configuration.
Prior/concurrent inspection..  1...............       None  $80.............  Up to 132.......  As much as
                                                                                                 $10,560.
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\1\ Provided that the replacement is performed at the same time as a scheduled inspection.

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 supplemental NPRM and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-23842; Directorate Identifier 2005-NM-
145-AD.

[[Page 58317]]

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
30, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -300, and -300ER 
series airplanes, certificated in any category, as identified in 
Boeing Service Bulletin 777-57-0054, dated February 23, 2006.

Unsafe Condition

    (d) This AD results from reports of corrosion on the torque tube 
and closeout rib fittings that support the inboard end of the 
inboard trailing edge flap, as well as a structural reassessment of 
the torque tube joint that revealed the potential for premature 
fatigue cracking of the torque tube that would not be detected using 
reasonable inspection methods. We are issuing this AD to detect and 
correct corrosion or cracking of the torque tube and closeout rib 
fittings that support the inboard end of the inboard trailing edge 
flap. Cracking in these components could lead to a fracture, which 
could result in loss of the inboard trailing edge flap and 
consequent reduced controllability of the airplane.

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.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in paragraphs (g), 
(h), (i), (j), and (k) of this AD, means Boeing Service Bulletin 
777-57A0048, Revision 1, dated June 9, 2005.
    (g) Where the service bulletin specifies a compliance time after 
the issuance of the service bulletin, this AD requires compliance 
within the specified compliance time after the effective date of 
this AD.

Initial Inspection

    (h) For all airplanes: Do a detailed inspection for any 
discrepancy of the splined components of the inboard trailing edge 
flap, in accordance with the Accomplishment Instructions of the 
service bulletin. The splined components of the inboard trailing 
edge flap include the torque tube, closeout rib fitting assembly, 
carrier beam pillow block fitting assembly, and drive crank support. 
Discrepancies of the torque tube and closeout rib fitting include 
light contact wear, corrosion pits, corrosion, cracking, or 
fracture. Discrepancies of the carrier beam pillow block fitting 
assembly and drive crank support consist of light contact wear and 
damage to the cadmium plating. Do the initial inspection at the 
applicable time specified in Table 7 under paragraph 1.E., 
``Compliance,'' of the service bulletin, except as provided by 
paragraph (g) of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

No Discrepancy/Other Specified Actions

    (i) If no discrepancy is found during the inspection required by 
paragraph (h) of this AD, perform all applicable specified actions, 
including the modification to install a new isolation strap and 
attachment hardware, in accordance with the Accomplishment 
Instructions of the service bulletin. Then, repeat the inspection at 
the applicable time specified in Table 7 under paragraph 1.E., 
``Compliance,'' of the service bulletin. Doing the modification in 
paragraph (l)(1) of this AD terminates the repetitive inspection 
requirements of this paragraph.

Related Investigative/Corrective/Other Specified Actions and Repetitive 
Inspections

    (j) For any discrepancy found during any inspection required 
paragraphs (h) and (i) of this AD: Before further flight, accomplish 
all applicable investigative, corrective, and other specified 
actions, including the modification to install a new isolation strap 
and attachment hardware, in accordance with the Accomplishment 
Instructions of the service bulletin. Then, evaluate the spline 
rework to determine the appropriate repetitive interval, in 
accordance with the Accomplishment Instructions of the service 
bulletin. Thereafter, repeat the inspection at the applicable 
interval specified in Table 7 under paragraph 1.E., ``Compliance,'' 
of the service bulletin. Doing the modification in paragraph (l)(1) 
of this AD terminates the repetitive inspection requirements of this 
paragraph.

Replacement of Torque Tube Assembly

    (k) For all airplanes: Replace the torque tube assembly with a 
new torque tube assembly, in accordance with the Accomplishment 
Instructions of the service bulletin. Do the initial replacement at 
the applicable compliance time specified in Notes (c) and (d), as 
applicable, of Table 7 in paragraph 1.E., ``Compliance,'' of the 
service bulletin, except as provided by paragraph (g) of this AD. 
Repeat the replacement thereafter at the applicable interval 
specified in Notes (c) and (d), of Table 7 under paragraph 1.E., 
``Compliance,'' of the service bulletin. Doing the modification in 
paragraph (l)(1) of this AD terminates the repetitive replacement 
requirements of this paragraph.

Modification

    (l) For all airplanes: Within 60 months after the effective date 
of this AD, do the actions in paragraphs (l)(1) and (l)(2) of this 
AD.
    (1) Modify the inboard main flap in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 777-57-0054, 
dated February 23, 2006. Doing this modification terminates the 
repetitive requirements of paragraphs (i), (j), and (k) of this AD.
    (2) Revise the FAA-approved maintenance inspection program for 
performing periodic inspections and maintenance of the torque tube 
splined joints in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 777-57-0054, dated February 23, 2006.

Concurrent Requirement

    (m) For Boeing Model 777-200 series airplanes, as identified in 
Boeing Service Bulletin 777-27-0034, Revision 1, dated April 20, 
2006: Prior to or concurrently with the actions in paragraph (l) of 
this AD, do a general visual inspection of the flap seal panels for 
cracking and minimum clearances, and a detailed inspection of the 
torque tubes for damage; and do all applicable related investigative 
and corrective actions before further flight. Do all actions in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 777-27-0034, Revision 1, dated April 20, 2006; except where 
the service bulletin specifies the corrective action of replacing 
the torque tube, the replacement must be done in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 777-57-0054, 
dated February 23, 2006.

    Note 2: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Actions Done In Accordance With Previous Issues of Service Bulletins

    (n) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin 777-27-0034, dated February 
11, 1999; or Boeing Service Alert Bulletin 777-57A0048, dated 
September 9, 2004; are acceptable for compliance with the 
corresponding actions of this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane.


[[Page 58318]]


    Issued in Renton, Washington, on September 22, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-16198 Filed 10-2-06; 8:45 am]
BILLING CODE 4910-13-P