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Federal Register / Vol. 70, No.

50 / Wednesday, March 16, 2005 / Rules and Regulations 12791

(3) Will not have a significant Modification DEPARTMENT OF TRANSPORTATION


economic impact, positive or negative, (f) Within 60 months after the effective date
on a substantial number of small entities of this AD: Modify the wiring of the test Federal Aviation Administration
under the criteria of the Regulatory ground signal for the master dim and test
Flexibility Act. system circuit in the flight compartment by 14 CFR Part 39
We prepared a regulatory evaluation doing all the applicable actions specified in [Docket No. FAA–2004–19448; Directorate
of the estimated costs to comply with Boeing Service Bulletin 757–33–0050, Identifier 2004–NM–134–AD; Amendment
this AD. See the ADDRESSES section for Revision 2, dated December 4, 2003. 39–14011; AD 2005–06–03]
a location to examine the regulatory Modifications Done Using Previous Issues of RIN 2120–AA64
evaluation. the Service Bulletin
List of Subjects in 14 CFR Part 39 (g) Modifications done before the effective Airworthiness Directives; McDonnell
date of this AD in accordance with Boeing Douglas Model MD–90–30 Airplanes
Air transportation, Aircraft, Aviation Special Attention Service Bulletin 757–33– AGENCY: Federal Aviation
safety, Incorporation by reference, 0050, dated August 15, 2002; or Revision 1, Administration (FAA), Department of
Safety. dated January 30, 2003; are considered Transportation (DOT).
Adoption of the Amendment acceptable for compliance with paragraph (f)
ACTION: Final rule.
of this AD.
■ Accordingly, under the authority Alternative Methods of Compliance SUMMARY: The FAA is adopting a new
delegated to me by the Administrator, (AMOCs) airworthiness directive (AD) for all
the FAA amends 14 CFR part 39 as McDonnell Douglas Model MD–90–30
(h) The Manager, Seattle Aircraft
follows: airplanes. This AD requires replacing,
Certification Office, FAA, has the authority to
with improved parts, certain existing
PART 39—AIRWORTHINESS approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
fluorescent light lamp holders located in
DIRECTIVES the ceiling panels and life raft ceiling
CFR 39.19.
support housings, and behind the
■ 1. The authority citation for part 39 Material Incorporated by Reference overhead stowage compartments in the
continues to read as follows: main cabin. This AD is prompted by
(i) You must use Boeing Service Bulletin
Authority: 49 U.S.C. 106(g), 40113, 44701. 757–33–0050, Revision 2, dated December 4, reports of failure of fluorescent light
2003, to perform the actions that are required lamp holders in the main cabin. We are
§ 39.13 [Amended]
by this AD, unless the AD specifies issuing this AD to prevent chafing of the
■ 2. The FAA amends § 39.13 by adding otherwise. The Director of the Federal lamp holder power wire against the
the following new airworthiness Register approves the incorporation by mounting bracket, and moisture
directive (AD): reference of this document in accordance intrusion into the lamp holders, which
with 5 U.S.C. 552(a) and 1 CFR part 51. For could result in failure of the lamp
2005–06–02 Boeing: Amendment 39–14010.
copies of the service information, contact holders and consequent smoke and fire
Docket No. FAA–2004–19943;
Directorate Identifier 2004–NM–76–AD. Boeing Commercial Airplanes, P.O. Box in the airplane cabin.
3707, Seattle, Washington 98124–2207. For DATES: This AD becomes effective April
Effective Date information on the availability of this 20, 2005.
(a) This AD becomes effective April 20, material at the National Archives and The incorporation by reference of
2005. Records Administration (NARA), call (202) certain publications listed in the AD is
Affected ADs 741–6030, or go to: http://www.archives.gov/ approved by the Director of the Federal
federal_register/code_of_federal_regulations/ Register as of April 20, 2005.
(b) None.
ibr_locations.html.
ADDRESSES: For service information
Applicability You may view the AD docket at the Docket
identified in this AD, contact Boeing
(c) This AD applies to Boeing Model 757– Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW.,
Commercial Airplanes, Long Beach
200 series airplanes, certificated in any
room PL–401, Nassif Building, Washington,
Division, 3855 Lakewood Boulevard,
category; as identified in Boeing Service
Bulletin 757–33–0050, Revision 2, dated DC. Long Beach, California 90846,
December 4, 2003. Attention: Data and Service
Issued in Renton, Washington, on March 7, Management, Dept. C1–L5A (D800–
Unsafe Condition 2005. 0024).
(d) This AD was prompted by a report that Ali Bahrami, Docket: The AD docket contains the
the master dim and test system circuit does Manager, Transport Airplane Directorate, proposed AD, comments, and any final
not have wiring separation of the test ground Aircraft Certification Service. disposition. You can examine the AD
signal for redundant equipment in the flight docket on the Internet at http://
compartment. We are issuing this AD to [FR Doc. 05–5015 Filed 3–15–05; 8:45 am]
prevent a single fault failure during flight BILLING CODE 4910–13–P
dms.dot.gov, or in person at the Docket
which could result in test patterns instead of Management Facility office between 9
the selected radio frequencies showing on the a.m. and 5 p.m., Monday through
communications panel. These conditions Friday, except Federal holidays. The
could adversely affect voice and transponder Docket Management Facility office
communication capability between the (telephone (800) 647–5227) is located on
flightcrew and air traffic control, which the plaza level of the Nassif Building at
could result in increased pilot workload. the U.S. Department of Transportation,
Compliance 400 Seventh Street SW., room PL–401,
(e) You are responsible for having the Washington, DC. This docket number is
actions required by this AD performed within FAA–2004–19448; the directorate
the compliance times specified, unless the identifier for this docket is 2004–NM–
actions have already been done. 134–AD.

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12792 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: determined that these changes will this AD. See the ADDRESSES section for
George Mabuni, Aerospace Engineer, neither increase the economic burden a location to examine the regulatory
Systems and Equipment Branch, ANM– on any operator nor increase the scope evaluation.
130L, FAA, Los Angeles Aircraft of the AD.
List of Subjects in 14 CFR Part 39
Certification Office, 3960 Paramount
Costs of Compliance
Boulevard, Lakewood, California Air transportation, Aircraft, Aviation
90712–4137; telephone (562) 627–5341; This AD will affect about 84 airplanes safety, Incorporation by reference,
fax (562) 627–5210. worldwide and 21 airplanes of U.S. Safety.
SUPPLEMENTARY INFORMATION: The FAA registry. The required actions will take
proposed to amend 14 CFR Part 39 with about 98 work hours per airplane, at an Adoption of the Amendment
an AD for all McDonnell Douglas Model average labor rate of $65 per work hour.
Required parts will cost about $27,158 ■ Accordingly, under the authority
MD–90–30 airplanes. That action, delegated to me by the Administrator,
published in the Federal Register on per airplane. Based on these figures, the
estimated cost of this AD for U.S. the FAA amends 14 CFR part 39 as
October 26, 2004 (69 FR 62424),
operators is $704,088, or $33,528 per follows:
proposed to require replacing, with
improved parts, certain existing airplane. PART 39—AIRWORTHINESS
fluorescent light lamp holders located in Authority for This Rulemaking DIRECTIVES
the ceiling panels and life raft ceiling
support housings, and behind the Title 49 of the United States Code ■ 1. The authority citation for part 39
overhead stowage compartments in the specifies the FAA’s authority to issue continues to read as follows:
main cabin. rules on aviation safety. Subtitle I,
Section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701.
Comments the FAA Administrator. Subtitle VII, § 39.13 [Amended]
We provided the public the Aviation Programs, describes in more
opportunity to participate in the detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding
development of this AD. We have authority. the following new airworthiness
considered the single comment We are issuing this rulemaking under directive (AD):
submitted on the proposed AD. the authority described in Subtitle VII, 2005–06–03 McDonnell Douglas:
Part A, Subpart III, Section 44701, Amendment 39–14011. Docket No.
Request To Specify Part Numbers of ‘‘General requirements.’’ Under that FAA–2004–19448; Directorate Identifier
Existing and Replacement Lamp section, Congress charges the FAA with 2004–NM–134–AD.
Holders promoting safe flight of civil aircraft in Effective Date
The commenter requests that we air commerce by prescribing regulations
revise the proposed AD to specify the for practices, methods, and procedures (a) This AD becomes effective April 20,
part numbers of fluorescent light lamp 2005.
the Administrator finds necessary for
holders determined to be defective and safety in air commerce. This regulation Affected ADs
the part numbers of acceptable is within the scope of that authority (b) None.
replacement fluorescent light lamp because it addresses an unsafe condition
holders. The commenter states that Applicability
that is likely to exist or develop on
there may be other acceptable products identified in this rulemaking (c) This AD applies to all Model MD–90–
replacement parts, but this is difficult to action. 30 airplanes, certificated in any category.
determine without knowing the part Unsafe Condition
numbers. Regulatory Findings
(d) This AD was prompted by reports of
We concur. The part numbers of the We have determined that this AD will failure of fluorescent light lamp holders in
defective and replacement fluorescent not have federalism implications under the main cabin. We are issuing this AD to
light lamp holders are identified in C & Executive Order 13132. This AD will prevent chafing of the lamp holder power
D Aerospace Alert Service Bulletins not have a substantial direct effect on wire against the mounting bracket, and
59406XX–25A01, currently at Revision the States, on the relationship between moisture intrusion into the lamp holders,
4, dated July 31, 2003; and 51310XX– the national government and the States, which could result in failure of the lamp
25A01, currently at Revision 5, dated or on the distribution of power and holders and consequent smoke and fire in the
March 30, 2004. The proposed AD refers airplane cabin.
responsibilities among the various
to those service bulletins as additional levels of government. Compliance
sources of instructions for For the reasons discussed above, I (e) You are responsible for having the
accomplishing the replacement. For the certify that this AD: actions required by this AD performed within
convenience of affected operators, we (1) Is not a ‘‘significant regulatory the compliance times specified, unless the
have revised paragraphs (f) and (g) of action’’ under Executive Order 12866; actions have already been done.
this AD to include the relevant part (2) Is not a ‘‘significant rule’’ under
Replacement
numbers. DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and (f) Within 18 months after the effective
Conclusion (3) Will not have a significant date of this AD, replace existing fluorescent
We have carefully reviewed the light lamp holders manufactured by Page
economic impact, positive or negative, Aerospace Limited, part numbers (P/Ns)
available data, including the comment on a substantial number of small entities C779–02–001 and C779–09–001, with
that was submitted, and determined that under the criteria of the Regulatory improved parts manufactured by Bruce
air safety and the public interest require Flexibility Act. Industries Incorporated, P/Ns BV04055–01–
adopting the AD with the changes We prepared a regulatory evaluation 12 and BV04055N–01–12, as specified in
described previously. We have of the estimated costs to comply with Table 1 of this AD.

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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Rules and Regulations 12793

TABLE 1.—REPLACEMENT OF LAMP HOLDERS


Which refers to this service information as an
Replace lamp holders in these locations— In accordance with this service information— additional source of replacement
instructions—

(1) Ceiling panels and life raft ceiling support Boeing Alert Service Bulletin MD90–33A012, C & D Aerospace Alert Service Bulletin
housings. Revision 3, dated January 14, 2004. 59406XX–25A01; currently at Revision 4,
dated July 31, 2003.
(2) Sidewall behind the overhead stowage com- Boeing Alert Service Bulletin MD90–33A013, C & D Aerospace Alert Service Bulletin
partments in the main cabin. dated November 29, 2001. 51310XX–25A01; currently at Revision 5,
dated March 30, 2004.

Parts Installation are considered acceptable for compliance documents in accordance with 5 U.S.C.
with paragraph (f) of this AD. 552(a) and 1 CFR part 51. For copies of the
(g) As of the effective date of this AD, no
service information, contact Boeing
person may install a fluorescent light lamp Alternative Methods of Compliance
(AMOCs) Commercial Airplanes, Long Beach Division,
holder manufactured by Page Aerospace
3855 Lakewood Boulevard, Long Beach,
Limited and having P/N C779–02–001 or (i) The Manager, Los Angeles Aircraft California 90846, Attention: Data and Service
C779–09–001, in the locations specified in Certification Office (ACO), FAA, has the
Management, Dept. C1–L5A (D800–0024).
this AD, on any airplane. authority to approve AMOCs for this AD, if
For information on the availability of this
requested in accordance with the procedures
Replacements Accomplished Per Previous material at the National Archives and
found in 14 CFR 39.19.
Issues of Service Bulletin Records Administration (NARA), call (202)
Material Incorporated by Reference 741–6030, or go to http://www.archives.gov/
(h) Replacements accomplished before the
(j) You must use the service information federal_register/code_of_federal_regulations/
effective date of this AD per the
that is specified in Table 2 of this AD to ibr_locations.html. You may view the AD
Accomplishment Instructions of Boeing Alert docket at the Docket Management Facility,
perform the actions that are required by this
Service Bulletin MD90–33A012, dated March AD, unless the AD specifies otherwise. The U.S. Department of Transportation, 400
28, 2001; Revision 01, dated September 17, Director of the Federal Register approves the Seventh Street SW., room PL–401, Nassif
2001; or Revision 02, dated January 17, 2002; incorporation by reference of those Building, Washington, DC.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


Service bulletin Revision level Date

Boeing Alert Service Bulletin MD90–33A012 ......................................................................... 3 ......................................... January 14, 2004.
Boeing Alert Service Bulletin MD90–33A013 ......................................................................... Original ............................... November 29, 2001.

Issued in Renton, Washington, on March 7, SUMMARY: This document contains final Background
2005. regulations on the ordering rules of
Ali Bahrami, section 664(b) of the Internal Revenue This document contains amendments
Manager, Transport Airplane Directorate, Code for characterizing distributions to the Income Tax Regulations (26 CFR
Aircraft Certification Service. from charitable remainder trusts (CRTs). part (1) under section 664(b) of the
[FR Doc. 05–5016 Filed 3–15–05; 8:45 am] The final regulations reflect changes Internal Revenue Code. On November
BILLING CODE 4910–13–P made to income tax rates, including the 20, 2003, the Treasury Department and
rates applicable to capital gains and the IRS published a notice of proposed
certain dividends, by the Taxpayer rulemaking (REG–110896–98, 2003–2
DEPARTMENT OF THE TREASURY Relief Act of 1997, the Internal Revenue C.B. 1226) in the Federal Register (68
Service Restructuring and Reform Act of FR 65419). The public hearing
Internal Revenue Service 1998, and the Jobs and Growth Tax scheduled for March 9, 2004, was
Relief Reconciliation Act of 2003. The cancelled because no requests to speak
26 CFR Part 1 final regulations provide guidance were received. Several written
needed to comply with these changes comments responding to the notice of
[TD 9190] and affect CRTs and their beneficiaries. proposed rulemaking were received.
RIN 1545–AW35 DATES: Effective Date: These regulations After consideration of the written
are effective March 16, 2005. comments, the proposed regulations are
Charitable Remainder Trusts; Applicability Dates: For dates of adopted as revised by this Treasury
Application of Ordering Rule applicability, see § 1.664–1(d)(1)(ix). decision. The revisions and a summary
AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: of the comments are discussed below.
Treasury. Theresa M. Melchiorre, (202) 622–7830 The proposed regulations reflected
ACTION: Final regulations. (not a toll-free number). changes made to income tax rates,
SUPPLEMENTARY INFORMATION:

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