56960 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

(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: 

2008–19–03 Boeing: Amendment 39–15670. 

Docket No. FAA–2008–0947; Directorate 

Identifier 2008–NM–154–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective October 16, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737– 

300, –400, and –500 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 737–53A1293, 

dated August 13, 2008. 

Unsafe Condition 

(d) This AD results from reports of cracks 

in the fuselage skin common to stringer 

S–1 and between station (STA) 400 and STA 

460. We are issuing this AD to detect and 

correct fatigue cracking of the fuselage skin 

panels at the chem-mill steps, which could 

result in sudden fracture and failure of the 

fuselage skin panels, and consequent rapid 

decompression of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Repetitive Inspections 

(f) At the applicable times specified in 

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

Alert Service Bulletin 737–53A1293, dated 

August 13, 2008 (hereafter ‘‘the service 

bulletin’’); except where the service bulletin 

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: Do 

repetitive external detailed inspections or 

non-destructive inspections (NDI) to detect 

cracks in the fuselage skin along the chemmill steps at stringers S–1 and S–2R, between 

STA 400 and STA 460, by accomplishing the 

applicable inspections specified in the 

Accomplishment Instructions of the service 

bulletin. 

Repair 

(g) If any crack is found during any 

inspection required by paragraph (f) of this 

AD, before further flight, repair the cracked 

fuselage skin using a method approved in 

accordance with the procedures specified in 

paragraph (h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6447; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 

(i) You must use Boeing Alert Service 

Bulletin 737–53A1293, dated August 13, 

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, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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 

September 11, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22755 Filed 9–30–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29227; Directorate 

Identifier 2007–NM–100–AD; Amendment 

39–15664; AD 2008–18–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, 747–100B, 747–100B 

SUD, 747–200B, 747–200C, 747–300, 

747–400, 747–400D, and 747SR Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–100, 747–100B, 747– 

100B SUD, 747–200B, 747–200C, 747– 

300, 747–400, 747–400D, and 747SR 

series airplanes. For certain airplanes, 

this AD requires a material type 

inspection to determine if the lower 

forward corner reveal of the number 3 

main entry doors (MEDs) is a casting. If 

the reveals are castings, this AD requires 

repetitive inspections of the reveals for 

cracking, and corrective action if 

necessary. If the reveals are not castings, 

this AD requires a detailed inspection of 

the reveals for a sharp edge and 

repetitive inspections of the reveals for 

cracking, and corrective action if 

necessary. For certain other airplanes, 

this AD requires only a detailed 

inspection of the reveals for a sharp 

edge and repetitive inspections of the 

reveals for cracking, and corrective 

action if necessary. For certain other 

airplanes, this AD requires repetitive 

inspections of the reveals for cracking 

only, and corrective action if necessary. 

This AD also allows a certain 

replacement as an optional action for 

the material type inspection for certain 

airplanes. This AD results from reports 

of cracking and/or a sharp edge in the 

lower forward corner reveal of the 

number 3 MEDs. We are issuing this AD 

to detect and correct fatigue cracking of 

the lower forward corner reveal of the 

number 3 MEDs, which could lead to 

the door escape slide departing the 

airplane when the door is opened and 

the slide is deployed, and consequent 


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injuries to passengers and crew using 

the door escape slide during an 

emergency evacuation. 

DATES: This AD is effective November 5, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 5, 2008. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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 supplemental notice of 

proposed rulemaking (NPRM) to amend 

14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to certain Boeing Model 747–100, 

747–100B, 747–100B SUD, 747–200B, 

747–200C, 747–300, 747–400, 747– 

400D, and 747SR series airplanes. That 

supplemental NPRM was published in 

the Federal Register on May 22, 2008 

(73 FR 29716). For certain airplanes, 

that supplemental NPRM proposed to 

require a material type inspection to 

determine if the lower forward corner 

reveal of the number 3 main entry doors 

(MEDs) is a casting. If the reveals are 

castings, that supplemental NPRM 

proposed to require repetitive 

inspections of the reveals for cracking, 

and corrective action if necessary. If the 

reveals are not castings, that 

supplemental NPRM proposed to 

require a detailed inspection of the 

reveals for a sharp edge and repetitive 

inspections of the reveals for cracking, 

and corrective action if necessary. For 

certain other airplanes, that 

supplemental NPRM proposed to 

require only a detailed inspection of the 

reveals for a sharp edge and repetitive 

inspections of the reveals for cracking, 

and corrective action if necessary. For 

certain other airplanes, that 

supplemental NPRM proposed to 

require repetitive inspections of the 

reveals for cracking only, and corrective 

action if necessary. That supplemental 

NPRM also proposed to allow a certain 

replacement as an optional action for 

the material type inspection for certain 

airplanes. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the two commenters. 

Support for the Supplemental NPRM 

Boeing concurs with the 

supplemental NPRM. 

Request To Revise Costs of Compliance 

Northwest Airlines (NWA) requests 

that we revise the Costs of Compliance 

section in the supplemental NPRM. 

NWA points out that Boeing Special 

Attention Service Bulletin 747–53– 

2460, Revision 1, dated February 13, 

2007 (which we referred to in the 

supplemental NPRM as the appropriate 

source of service information for doing 

the actions) specifies 11 hours to 

perform the inspection. NWA also states 

that it plans 8 hours to perform the 

inspection per doorway or 16 hours to 

perform the inspection per airplane. 

We disagree with the request to revise 

the Cost of Compliance section. The 11 

hours estimate specified in Boeing 

Special Attention Service Bulletin 747– 

53–2460, Revision 1, includes time to 

open and close access. The four-hour 

estimate specified in this AD represents 

the time necessary to perform only the 

actions actually required by this AD. We 

recognize that, in doing the actions 

required by an AD, operators might 

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. We have not 

changed this AD in this regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

There are about 715 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspections ............................... 4 $80 $320, per inspection cycle ...... 119 $38,080, 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 


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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: 

2008–18–07 Boeing: Amendment 39–15664. 

Docket No. FAA–2007–29227; 

Directorate Identifier 2007–NM–100–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective November 5, 2008. 

Affected ADs 

(b) Certain requirements of this AD 

terminate certain requirements of AD 2007– 

12–11, amendment 39–15089. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, 747–100B, 747–100B SUD, 747–200B, 

747–200C, 747–300, 747–400, 747–400D, and 

747SR series airplanes, certificated in any 

category, as identified in Boeing Special 

Attention Service Bulletin 747–53–2460, 

Revision 1, dated February 13, 2007, except 

airplanes that have been converted to an allcargo configuration. The requirements of this 

AD also become applicable at the time when 

a converted airplane operating in an all-cargo 

configuration is converted back to a 

passenger or passenger/cargo configuration. 

Unsafe Condition 

(d) This AD results from reports of cracking 

and/or a sharp edge in the lower forward 

corner reveal of the number 3 main entry 

doors (MEDs). We are issuing this AD to 

detect and correct fatigue cracking of the 

lower forward corner reveal of the number 3 

MEDs, which could lead to the door escape 

slide departing the airplane when the door is 

opened and the slide is deployed, and 

consequent injuries to passengers and crew 

using the door escape slide 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. 

Service Bulletin Reference 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 747–53–2460, Revision 1, 

dated February 13, 2007. 

Actions for Group 3 Airplanes 

(g) For airplanes identified as Group 3 

airplanes in the service bulletin: Before the 

accumulation of 10,000 total flight cycles, or 

within 1,000 flight cycles after the effective 

date of this AD, whichever occurs later, do 

a detailed inspection for cracking of the 

lower forward corner reveals in accordance 

with Part 8 of the service bulletin. 

(1) If no cracking is found, repeat the 

inspection thereafter at intervals not to 

exceed 6,000 flight cycles until a new or 

reworked two-piece reveal is installed in 

accordance with Part 2 of the service 

bulletin. No further action is required by this 

paragraph for that location only after the 

replacement. 

Note 1: For the purpose of this AD, a onepiece machined aluminum reveal may be 

reworked into a two-piece reveal in 

accordance with Part 7 of the service bulletin 

after it was verified to be crack free and 

without a sharp edge in accordance with Part 

5 of the service bulletin, or after it was 

confirmed to be crack free in accordance with 

Part 5 of the service bulletin and reworked 

to remove a sharp edge in accordance with 

Part 6 of the service bulletin. 

(2) If cracking is found, do the replacement 

specified in paragraph (g)(2)(i) or (g)(2)(ii) of 

this AD. 

(i) Before further flight, replace the reveal 

with a new or reworked two-piece reveal in 

accordance with Part 2 of the service 

bulletin. No further action is required by this 

paragraph for that location only after the 

replacement. 

(ii) Before further flight, replace the reveal 

with a new or reworked one-piece machined 

aluminum reveal without a sharp edge in 

accordance with Part 3 of the service 

bulletin. Before the accumulation of 10,000 

flight cycles on the replacement reveal since 

new, do the inspection for cracking specified 

in Part 8 of the service bulletin and repeat 

the inspection thereafter at intervals not to 

exceed 6,000 flight cycles until a new or 

reworked two-piece reveal is installed in 

accordance with Part 2 of the service 

bulletin. If any cracking is found during any 

inspection required by this paragraph, before 

further flight, do the action specified in 

paragraph (g)(2) of this AD. No further action 

is required by this paragraph for that location 

only after the replacement with a two-piece 

reveal. 

Note 2: For the purpose of this AD, a onepiece machined aluminum reveal with a 

sharp edge may be reworked into a one-piece 

machined aluminum reveal without a sharp 

edge in accordance with Part 6 of the service 

bulletin after it is confirmed to be crack free 

in accordance with Part 5 of the service 

bulletin. After the sharp edge is removed, the 

one-piece machined aluminum reveal 

without a sharp edge may be further 

reworked into a two-piece reveal in 

accordance with Part 7 of the service 

bulletin. 

Actions for Group 2 Airplanes and Group 1, 

Configuration 2 Airplanes 

(h) For airplanes identified as Group 2 

airplanes in the service bulletin: Before the 

accumulation of 1,500 total flight cycles, or 

within 1,000 flight cycles after the effective 

date of this AD, whichever occurs later, do 

the inspection specified in paragraph (j) of 

this AD. 

(i) For airplanes identified as Group 1, 

Configuration 2 airplanes in the service 

bulletin: Within 1,500 flight cycles after the 

lower forward corner reveal was last replaced 

or 1,000 flight cycles after the effective date 

of this AD, whichever occurs later, do the 

inspection specified in paragraph (j) of this 

AD. 

(j) At the applicable times specified in 

paragraphs (h) and (i) of this AD: Do a 

detailed inspection of the lower forward 

corner reveals for cracking and a sharp edge 

in accordance with Part 5 of the service 

bulletin. 

(1) If no cracking and no sharp edge are 

found, before the accumulation of 10,000 

flight cycles on the lower forward corner 

reveal since new, or within 6,000 flight 

cycles after doing the inspection required by 

paragraph (j) of this AD, whichever occurs 

later, do the detailed inspection for cracking 

in accordance with Part 8 of the service 

bulletin and inspect thereafter at intervals 

not to exceed 6,000 flight cycles, until a new 

or reworked two-piece reveal is installed in 

accordance with Part 2 of the service 

bulletin. If any cracking is found during any 

inspection required by this paragraph, before 

further flight, do the action specified in 

paragraph (j)(3) of this AD. No further action 

is required by this paragraph for that location 

only after the replacement with a two-piece 

reveal. 

(2) If no cracking is found but a sharp edge 

is found, do the action specified in paragraph 

(j)(2)(i) or (j)(2)(ii) of this AD. 

(i) Before further flight, replace the lower 

forward corner reveal with a new or 

reworked two-piece reveal, in accordance 

with Part 2 of the service bulletin. No further 

action is required by this paragraph for that 

location only after the replacement. 

(ii) Before further flight, replace the reveal 

with a new or reworked one-piece machined 

aluminum reveal without a sharp edge, in 

accordance with Part 3 of the service 


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bulletin. Before the accumulation of 10,000 

flight cycles on the replacement reveal since 

new, do the inspection for cracking in 

accordance with Part 8 of the service bulletin 

and inspect thereafter at intervals not to 

exceed 6,000 flight cycles, until a new or 

reworked two-piece reveal is installed in 

accordance with Part 2 of the service 

bulletin. If any cracking is found during any 

inspection required by this paragraph, before 

further flight, do the action required by 

paragraph (j)(3) of this AD. No further action 

is required by this paragraph for that location 

only after the replacement with a two-piece 

reveal. 

(3) If cracking is found, do the action 

specified in paragraph (j)(3)(i) or (j)(3)(ii) of 

this AD. 

(i) Before further flight, replace the reveal 

with a new or reworked two-piece reveal, in 

accordance with Part 2 of the service 

bulletin. No further action is required by this 

paragraph for that location only after the 

replacement. 

(ii) Before further flight, replace the lower 

forward corner reveal with a new or 

reworked one-piece machined aluminum 

reveal without a sharp edge, in accordance 

with Part 3 of the service bulletin. Before the 

accumulation of 10,000 flight cycles on the 

replacement reveal since new, do the 

inspection for cracking in accordance with 

Part 8 of the service bulletin and inspect 

thereafter at intervals not to exceed 6,000 

flight cycles, until a new or reworked twopiece reveal is installed in accordance with 

Part 2 of the service bulletin. If any cracking 

is found during any inspection required by 

this paragraph, before further flight, do the 

action required by paragraph (j)(3) of this AD. 

No further action is required by this 

paragraph for that location only after the 

replacement with a two-piece reveal. 

Actions for Group 1, Configuration 1 

Airplanes 

(k) For airplanes identified as Group 1, 

Configuration 1 airplanes in the service 

bulletin: Before the accumulation of 1,500 

total flight cycles, or within 1,000 flight 

cycles after the effective date of this AD, 

whichever occurs later, do a material type 

inspection to determine if the lower forward 

corner reveals are castings, in accordance 

with the service bulletin. As an alternative to 

the material type inspection, replacing a 

reveal with a new or reworked two-piece 

lower forward corner reveal in accordance 

with Part 2 of the service bulletin is 

terminating action for the requirements of 

this paragraph for that location only. 

(1) If the forward corner reveal is not a 

casting: Before further flight, do the actions 

specified in paragraph (j) of this AD except 

for the inspection for a sharp edge. 

(2) If the forward corner reveal is a casting: 

Before the accumulation of 7,000 total flight 

cycles, within 2,000 flight cycles after the 

effective date of this AD, or within 3,000 

flight cycles since the forward corner reveal 

was inspected in accordance with Boeing 

Service Bulletin 747–53A2378, whichever is 

latest, do a detailed inspection for cracking 

of the lower forward corner reveal, in 

accordance with Part 1 of Boeing Special 

Attention Service Bulletin 747–53–2460, 

Revision 1, dated February 13, 2007. 

(i) If no cracking is found: Repeat the 

inspection specified in paragraph (k)(2) of 

this AD thereafter at intervals not to exceed 

3,000 flight cycles until a new or reworked 

two-piece lower forward corner reveal is 

installed in accordance with Part 2 of the 

service bulletin. No further action is required 

by this paragraph for that location only after 

the replacement. 

(ii) If cracking is found: Do the actions 

specified in paragraph (k)(2)(ii)(A), 

(k)(2)(ii)(B), or (k)(2)(ii)(C) of this AD. 

(A) Before further flight, weld repair the 

reveal in accordance with Part 4 of the 

service bulletin. Repeat the inspection 

specified in paragraph (k)(2) of this AD 

thereafter at intervals not to exceed 3,000 

flight cycles until a new or reworked twopiece reveal is installed in accordance with 

Part 2 of the service bulletin. No further 

action is required by this paragraph for that 

location only after the replacement. 

(B) Before further flight, replace the reveal 

with a new or reworked two-piece reveal, in 

accordance with Part 2 of the service 

bulletin. No further action is required by this 

paragraph for that location only after the 

replacement. 

(C) Before further flight, replace the reveal 

with a new or reworked one-piece machined 

aluminum reveal without a sharp edge, in 

accordance with Part 3 of the service 

bulletin. Before the accumulation of 10,000 

flight cycles on the replacement reveal since 

new, do the inspection for cracking in 

accordance with Part 8 of the service bulletin 

and inspect thereafter at intervals not to 

exceed 6,000 flight cycles, until a new or 

reworked two-piece reveal is installed in 

accordance with Part 2 of the service 

bulletin. If any cracking is found during any 

inspection required by this paragraph, before 

further flight, do the action required by 

paragraph (k)(2)(ii)(B) or (k)(2)(ii)(C) of this 

AD. No further action is required by this 

paragraph for that location only after the 

replacement with a two-piece reveal. 

Operator’s Equivalent Procedure 

(l) Although Step 5 of Figure 8 of the 

service bulletin specifies that operators may 

accomplish the actions in accordance with 

‘‘an operator’s equivalent procedure,’’ this 

AD requires operators to accomplish Step 5 

of Figure 8 in accordance with only the 

procedures specified in Boeing Standard 

Overhaul Practices Manual (SOPM) 20–20– 

02 as given in the service bulletin. An 

‘‘operator’s equivalent procedure’’ may be 

used only if approved as an alternative 

method of compliance in accordance with 

paragraph (p) of this AD. 

Compliance With AD 2007–12–11, 

Amendment 39–15089, for MED 3 Only 

(m) Accomplishment of the applicable 

repair required by this AD constitutes 

compliance with the repair of the lower 

forward corner casting (reveal) of the number 

3 MEDs only, as required by paragraph 

(q)(2)(ii) of AD 2007–12–11 (which specifies 

the actions be done in accordance with 

Boeing Service Bulletin 747–53A2378, 

Revision 1, dated March 10, 1994; or Boeing 

Service Bulletin 747–53A2378, Revision 3, 

dated August 11, 2005). Accomplishment of 

the actions of this AD does not terminate the 

remaining requirements of AD 2007–12–11. 

Parts Installation 

(n) As of the effective date of this AD, no 

person may install a door lower forward 

corner reveal made of cast 356 aluminum on 

any airplane at a location specified by this 

AD. 

(o) As of the effective date of this AD, no 

person may install a door lower forward 

corner reveal made of machined 6061 

aluminum on any airplane at a location 

specified by this AD, unless it has been 

confirmed/reworked to be without a sharp 

edge in accordance with the service bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(p)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, 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; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 

(q) You must use Boeing Special Attention 

Service Bulletin 747–53–2460, Revision 1, 

dated February 13, 2007, 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, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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. 


ebenthall on PROD1PC60 with RULES
56964 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

Issued in Renton, Washington, on August 

20, 2008. 

Kevin Hull, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–20091 Filed 9–30–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 734, 736, 762 

and 774 

[Docket No. 071204798–81254–01] 

RIN 0694–AC17 

De Minimis U.S. Content in Foreign 

Made Items 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule. 

SUMMARY: The Department of Commerce 

is revising the provisions of the Export 

Administration Regulations (EAR) that 

pertain to foreign-made items that 

incorporate controlled U.S.-origin items, 

i.e., the EAR’s ‘‘de minimis’’ rules. This 

rule amends the EAR to change the de 

minimis calculation for foreign 

produced hardware that is bundled with 

U.S.-origin software. This rule also 

clarifies the definition of ‘incorporate’ 

as it is applied to the de minimis rules 

and to the medical statement of 

understanding. This rule also removes 

the requirement to submit a one-time 

report to the Bureau of Industry and 

Security for foreign-made software that 

incorporates U.S.-origin software. In 

addition, this rule revises the ‘‘Steps for 

Using the EAR’’ and General Prohibition 

Two with regard to the de minimis rules 

in order to reduce redundancies in the 

EAR and harmonize the provisions with 

other revisions made by this rule. 

DATES: This rule is effective: October 1, 

2008. Comments must be received by 

December 1, 2008. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (follow the 

instructions for submitting comments), 

by e-mail directly to BIS at 

publiccomments@bis.doc.gov (refer to 

regulatory identification number 0694– 

AC17 in the subject line), by fax at (202) 

482–3355, or on paper to Regulatory 

Policy Division, Office of Exporter 

Services, Bureau of Industry and 

Security, Room H2705, U.S. Department 

of Commerce, 14th Street and 

Pennsylvania Avenue, NW., 

Washington, DC 20230. Refer to 

Regulatory Identification Number (RIN) 

0694–AC17 in all comments. 

FOR FURTHER INFORMATION CONTACT: 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce 

at (202) 482–2440 or E-mail: 

scook@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The term ‘‘de minimis’’ generally 

refers to matters that are of minor 

significance. The de minimis provisions 

of the EAR promote U.S. export control 

objectives as set forth in the Export 

Administration Act of 1979, as 

amended, while limiting U.S. 

jurisdiction over non-U.S. products 

containing a de minimis percentage, by 

value, of sensitive U.S. components. To 

prevent the diversion of controlled U.S. 

items and foreign made items 

incorporating a significant amount of 

U.S.-origin controlled content, a foreignmade item that contains more than the 

de minimis amount of controlled U.S.- 

origin content value is subject to the 

EAR, i.e., a license may be required 

from BIS for the export abroad to 

another foreign country or in-country 

transfer of the foreign-made item. Prior 

to March 1987, the EAR set no de 

minimis levels for U.S. content in 

foreign made items; foreign-made items 

were subject to the EAR if they 

contained any amount of U.S.-origin 

content, no matter how small. A rule 

published March 23, 1987 (52 FR 9147) 

revised what were then called the ‘‘parts 

and components’’ provisions to 

establish thresholds at which the 

amount of U.S.-origin commodities in 

foreign-made items would warrant 

exercise of U.S. jurisdiction over the 

foreign-made item when located outside 

the United States. The rule was 

established to alleviate a major trade 

dispute with allies who strenuously 

objected to U.S. assertion of jurisdiction 

over all reexports of non-U.S. items that 

contained even trivial amounts of U.S. 

content. A major revision of the EAR in 

1996 (61 FR 12714) introduced the term 

‘‘de minimis’’ and established de 

minimis thresholds for software and 

technology. The 1996 rule required a 

one-time report for software and 

technology, which had to be submitted 

before reexporters relied on the de 

minimis rules for such items, and it 

made no provision for the 

‘‘incorporation’’ of software into 

commodities. These provisions have not 

been significantly revised since 1996. 

The interested public has consistently 

expressed concerns about de minimis 

calculations and reporting requirements 

in requests for advisory opinions, 

industry meetings, Technical Advisory 

Committee (TAC) meetings, seminars 

(especially overseas), and at the annual 

Bureau of Industry and Security (BIS) 

Update conference. Both U.S. exporters 

and the foreign manufacturers who are 

their customers have said that 

determining the applicability of the de 

minimis rules is complicated and 

cumbersome. BIS recognizes that the 

export control objectives of the de 

minimis rules will be best served if 

those rules are clarified to facilitate 

compliance with them. 

Accordingly, BIS intends this revision 

of the EAR to facilitate compliance 

efforts by foreign manufacturers and 

respond to both advances in technology 

and how products are manufactured and 

sold in practice. Foreign manufacturers 

incorporating U.S. content must 

determine their obligations under U.S. 

export controls, in addition to those of 

their own countries, in order to prevent 

the diversion of controlled U.S. items to 

destinations and end-users that would 

be inimical to the national security or 

foreign policy interests of the United 

States. BIS recognizes that the heavier 

the compliance burden is, the greater 

the incentive to purchase content 

elsewhere. Modifying U.S. rules may 

reduce the pressure to ‘‘design out’’ U.S. 

origin items from foreign products, and 

thereby provide significant benefit to 

U.S. businesses while enabling BIS to 

continue exercising appropriate 

jurisdiction over foreign-made items 

incorporating controlled U.S. content. 

Paperwork Reduction Act Collection 

0694–0101 

This rule revises the title of 

Supplement No. 1 to part 730, as well 

as the entry for Paperwork Reduction 

Act collection number 0694–0101. The 

title corresponding to collection number 

0694–0101 is changed from ‘‘One-Time 

Report for Foreign Software or 

Technology Eligible for De Minimis 

Exclusion’’ to ‘‘One-Time Report for 

Foreign Technology Eligible for De 

Minimis Exclusion’’, because this rule 

removes the requirement to submit a 

one-time report on de minimis 

calculations for foreign software, but 

retains the requirement for foreign 

technology. The entry for 0694–0101 in 

the table is amended by adding 

Supplement No. 2 to part 734 to the 

related citation for this collection, 

because much of the detail about the 

required report is in Supplement No. 2 

to part 734 of the EAR. 

Part 732 ‘‘Steps for Using the EAR’’ 

This rule amends § 732.2 ‘‘Steps 

regarding scope of the EAR’’ by revising 


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