22424 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2008–0216, dated 

December 9, 2008; and Airbus Service 

Bulletin A380–57–8014, dated November 21, 

2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Service Bulletin 

A380–57–8014, including Appendix 01, 

dated November 21, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS–EANA 

(Airworthiness Office); 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 562 110 253; Fax +33 562 110 

307; e-mail account.airworthA380@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on May 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–10934 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0135; Directorate 

Identifier 2008-NM–170-AD; Amendment 39– 

15901; AD 2009–10–06] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–400 and 747–400D Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–400 and 747–400D 

series airplanes. This AD requires 

repetitive inspections to detect cracks in 

the floor panel attachment fastener 

holes of the Section 41 upper deck floor 

beam upper chords, and related 

investigative and corrective actions if 

necessary. This AD results from reports 

of cracks found in the Section 41 upper 

deck floor beam upper chords. We are 

issuing this AD to detect and correct 

cracks in these chords, which could 

become large and cause the floor beams 

to become severed and result in rapid 

decompression or reduced 

controllability of the airplane. 

DATES: This AD is effective June 17, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 17, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 747–400 and 747– 

400D series airplanes. That NPRM was 

published in the Federal Register on 

February 18, 2009 (74 FR 7573). That 

NPRM proposed to require repetitive 

inspections to detect cracks in the floor 

panel attachment fastener holes of the 

Section 41 upper deck floor beam upper 

chords, and related investigative and 

corrective actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Boeing supports the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 53 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22425 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product 

Number of U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ......... 48 or 50 ............ $80 None ........ $3,840 or $4,000 per inspection cycle.53 Up to $212,000 per inspection cycle. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 AD: 

2009–10–06 Boeing: Amendment 39–15901. 

Docket No. FAA–2009–0135; Directorate 

Identifier 2008-NM–170-AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective June 17, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

400 and 747–400D series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 747–53A2688, 

dated August 21, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracks 

found in the Section 41 upper deck floor 

beam upper chords. We are issuing this AD 

to detect and correct cracks in these chords, 

which could become large and cause the 

floor beams to become severed and result in 

rapid decompression or reduced 

controllability of the airplane. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections and Corrective Actions 

(g) Except as required by paragraphs (h) 

and (i) of this AD: At the applicable times in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2688, dated 

August 21, 2008 (‘‘the service bulletin’’), do 

an inspection (open-hole or surface high 

frequency eddy current) to detect cracks in 

the floor panel attachment fastener holes of 

the Section 41 upper deck floor beam upper 

chords, and do applicable related 

investigative and corrective actions, by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. Repeat 

the inspections thereafter at the applicable 

times specified in paragraph 1.E., 

‘‘Compliance,’’ of the service bulletin. 

(h) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, and Boeing Alert Service Bulletin 747– 

53A2688, dated August 21, 2008, specifies to 

contact Boeing for appropriate action: Before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

(i) Where Boeing Alert Service Bulletin 

747–53A2688, dated August 21, 2008, 

specifies a compliance time after the date on 

the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Ivan 

Li, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6437; fax (425) 917–6590. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(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, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Alert Service 

Bulletin 747–53A2688, dated August 21, 

2008, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

22426 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on May 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–10935 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1131; Directorate 

Identifier 2008–NE–37–AD; Amendment 39– 

15903; AD 2009–10–08] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Models PW2037, PW2037(M), 

and PW2040 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for Pratt & 

Whitney models PW2037, PW2037(M), 

and PW2040 turbofan engines with 

high-pressure turbine (HPT) 2nd stage 

hubs that have previously been exposed 

to Pratt & Whitney cleaning procedure 

SPOP 10 or SPOP 9 or equivalent 

procedure. This AD requires a onetime 

optical comparator inspection (OCI) of 

the blade retention slots of the affected 

HPT 2nd stage hubs at the next HPT 

overhaul after the effective date of the 

AD. This AD results from an 

uncontained release of HPT 2nd stage 

blades and blade retention lugs. We are 

issuing this AD to remove 

nonconforming HPT 2nd stage hubs, 

which could result in an uncontained 

release of turbine blades and blade 

retention lugs, and damage to the 

airplane. 

DATES: This AD becomes effective June 

17, 2009. 

ADDRESSES: You can get the service 

information identified in this AD from 

Pratt & Whitney, 400 Main Street, East 

Hartford, CT 06108. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Mark Riley, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: mark.riley@faa.gov; telephone 

(781) 238–7758, fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to PW models PW2037, 

PW2037(M), and PW2040 turbofan 

engines. We published the proposed AD 

in the Federal Register on November 14, 

2008 (73 FR 67427). That action 

proposed to require inspecting all HPT 

2nd stage hubs at the next HPT overhaul 

after the effective date of the AD. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Recommend Referring to the Inspection 

as ‘‘Special Dimensional Inspection’’ 

Pratt & Whitney recommends that the 

inspection in the proposed AD be 

referred to as a ‘‘Special Dimensional 

Inspection’’ per Pratt & Whitney Alert 

Service Bulletin (ASB) PW2000 72–734, 

which is approved by the FAA. The 

proposed AD currently specifies an 

Optical Comparator Inspection (OCI). 

Use of the term ‘‘Special Dimensional 

Inspection’’ instead of OCI will provide 

better alignment with the inspection 

procedures that Pratt & Whitney is 

presently developing and for which it 

will seek FAA approval, to use as an 

alternative to OCI. 

We do not agree. The inspection is an 

OCI. Therefore, identifying the type of 

inspection the AD requires by its name 

is proper. We did not change the AD. 

Request To Revise the Estimated Cost 

Pratt & Whitney and two air carriers 

request that we revise the estimated cost 

to perform an OCI. Pratt & Whitney 

states that the cost is higher than 

previously anticipated and we should 

add about $4,000 to the cost of each disk 

overhaul. Delta Air Lines states that the 

total cost is actually closer to $8,000 and 

it should include shipping ($1,000), 

vendor charges ($5,900), and should 

take into account additional inventory 

required ($180,000 per hub) due to outof-service time required to support the 

off-site inspection. 

We partially agree. We agree that the 

cost estimate in the proposed AD is not 

accurate. We do not agree that it should 

consider shipping charges or additional 

inventory requirements unique to each 

operator. We changed the cost to 

perform the OCI to $4,000 for each HPT 

stage 2 hub as quoted by Pratt & 

Whitney and updated the total to 

$3,048,000. 

Request for Clarification of the 

Inspection Being a Onetime Inspection 

Pratt & Whitney and two air carriers 

request clarification in the AD to state 

that the inspection is a onetime 

inspection. Also, Delta Air Lines 

comments that repetitive inspections 

should be required unless the cause of 

the hub out-of-tolerance condition is 

addressed. They also stated that the 

cause of the hub out-of-tolerance 

condition is not known and repetitive 

inspections are therefore required. 

We partially agree. We agree that we 

need to clarify that the OCI is a onetime 

inspection requirement. We changed the 

AD to clarify that the OCI is a onetime 

inspection requirement. We do not agree 

that the AD should require repetitive 

inspections. If we determine at a later 

date that repetitive inspections are 

required, we may issue an AD to require 

them. 

Proposal To Eliminate the Fluorescent 

Penetrant Inspection 

Pratt & Whitney and United Airlines 

propose that we eliminate the 

fluorescent penetrant inspection (FPI) 

requirement for the HPT 2nd stage hub. 

FPI of the HPT 2nd stage hub is 

redundant, since it is already mandated 

per FAA AD 2005–18–03. 

We agree. We changed the AD to only 

require a onetime OCI of the HPT 2nd 

stage hub after the fluorescent penetrant