Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 63443

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. Section 39.13 is amended by 

removing Amendment 39–13329 (68 FR 

58581, October 10, 2003), and by adding 

a new airworthiness directive (AD), 

Amendment 39–13839, to read as 

follows:

2004–22–11 Eurocopter Deutschland 

GmbH: Amendment 39–13839. Docket 

No. 2003–SW–39–AD. Supersedes AD 

2003–20–11, Amendment 39–13329, 

Docket No. 2003–SW–08–AD.

Applicability: Model EC135 P1, P2, T1, and 

T2 helicopters, with main rotor drive 

aluminum torque strut assembly (strut), part 

number (P/N) L633M1001 103 or L633M1001 

105, installed, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the strut and 

subsequent loss of control of the helicopter, 

do the following: 

(a) Before further flight, insert a copy of 

this AD or insert a statement into the 

Emergency Procedures Section of the 

Rotorcraft Flight Manual (RFM) to inform the 

pilot to reduce power and land as soon as 

practicable if a thump-like sound followed by 

an unusual vibration occurs during flight. 

(b) Before the first flight of each day, using 

a light and mirror, inspect each aluminum 

strut for a crack or a break by following the 

Accomplishment Instructions, paragraph 3.B. 

of Eurocopter Alert Service Bulletin EC135–

63A–002, Revision 4, dated July 7, 2003 

(ASB). Replace any cracked or broken strut 

with a new titanium strut, P/N L633M1001 

104, before further flight. 

(c) Within the next 100 hours time-inservice (TIS), for each aluminum strut with 

400 or more hours TIS, replace each 

aluminum strut with a titanium strut, P/N 

L633M1001 104. 

(d) This AD revises the Airworthiness 

Limitations section of the maintenance 

manual by reducing the retirement life of 

each aluminum strut, P/N L633M1001 103 

and L633M1001 105, to 500 total hours TIS 

or retiring them no later than December 31, 

2004, whichever comes first. 

(e) The aluminum struts must be replaced 

with titanium struts in pairs and at the same 

time. Installing one aluminum strut and one 

titanium strut is not authorized. After 

installing titanium struts, recalculate the 

weight and balance using 0.356kg as the 

weight and 1498.76kgmm as the moment for 

both titanium struts.

Note 1: The once-only transferring and 

remarking of certain aluminum struts 

provided in the superseded AD are no longer 

authorized.

(f) Replacing aluminum struts, P/N 

L633M1001 103 and L633M1001 105, with 

titanium struts, P/N L633M1001 104, 

constitutes terminating action for the 

requirements of this AD. Titanium struts 

have no life limit. 

(g) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Safety Management Group 

for information about previously approved 

alternative methods of compliance. 

(h) The inspections shall be done in 

accordance with Eurocopter Alert Service 

Bulletin EC135–63A–002, Revision 4, dated 

July 7, 2003. The Director of the Federal 

Register approved the incorporation by 

reference in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. Copies may be obtained 

from American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, Texas 75053–

4005, telephone (972) 641–3460, fax (972) 

641–3527. Copies may be inspected at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas; 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.

(i) This amendment becomes effective on 

December 7, 2004.

Note 2: The subject of this AD is addressed 

in Luftfahrt-Bundesamt (Federal Republic of 

Germany) AD 2001–107/3, dated August 21, 

2003.

Issued in Fort Worth, Texas, on October 22, 

2004. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service.

[FR Doc. 04–24226 Filed 11–1–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18728; Directorate 

Identifier 2003–NM–176–AD; Amendment 

39–13838; AD 2004–22–10] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 747–400 and –400F Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–400 and –400F series 

airplanes. This AD requires a detailed 

inspection(s) for cracks and fractures of 

the side guide support fittings in the 

lower lobe cargo compartments; and 

applicable investigative/corrective 

actions and operational limitations, if 

necessary. This AD also requires a 

terminating action for the repetitive 

inspections. This AD is prompted by 

reports of cracked/fractured side guide 

support fittings in the aft, lower lobe 

cargo compartment. We are issuing this 

AD to prevent cracked/fractured side 

guide support fittings in the lower lobe 

cargo compartments, which could result 

in unrestrained cargo shifting in flight 

and damaging the airplane structure or 

systems, and consequent reduced 

controllability of the airplane.

DATES: This AD becomes effective 

December 7, 2004. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of December 7, 2004.

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. You 

can examine this information 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. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Technical information: Ivan Li, 

63444 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6437; fax (425) 917–6590. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov. 

Examining the Docket 

The AD docket contains the proposed 

AD, comments, and any final 

disposition. You can 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 of the Nassif Building at 

the DOT street address stated in the 

ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain Boeing Model 747–

400 and ‘‘400F series airplanes. That 

action, published in the Federal 

Register on August 6, 2004 (69 FR 

47811), proposed to require a detailed 

inspection(s) for cracks and fractures of 

the side guide support fittings in the 

lower lobe cargo compartments; and 

applicable investigative/corrective 

actions and operational limitations, if 

necessary. That action also proposed to 

require a terminating action for the 

repetitive inspections. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Costs of Compliance 

There are about 22 airplanes of the 

affected design worldwide. 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 Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection, per inspection cycle.5 $65 None ......................... $325, per inspection 

cycle.

3 $975, per inspection 

cycle. 

Assembly replacement.25 $65 $3,402 ...................... $5,027 ...................... 3 $15,081. 

Regulatory Findings 

We have determined that 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, 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 airworthiness 

directive (AD):

2004–22–10 Boeing: Amendment 39–13838. 

Docket No. FAA–2004–18728; 

Directorate Identifier 2003–NM–176–AD. 

Effective Date 

(a) This AD becomes effective December 7, 

2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747–

400 and ‘‘400F series airplanes, certificated 

in any category; as listed in Boeing Alert 

Service Bulletin 747–25A3335, dated July 3, 

2003. 

Unsafe Condition 

(d) This AD was prompted by reports of 

cracked/fractured side guide support fittings 

in the aft, lower lobe cargo compartment. We 

are issuing this AD to prevent cracked/

fractured side guide support fittings in the 

lower lobe cargo compartments, which could 

result in unrestrained cargo shifting in flight 

and damaging the airplane structure or 

systems, 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. 

Inspection, Investigative/Corrective Actions, 

and Operational Limitations 

(f) At the applicable time(s) specified in 

Table 1 of this AD, do a detailed 

inspection(s) of the side guide support 

fittings in the lower lobe cargo compartments 

for cracks and fractures, and before further 

flight, do all applicable investigative/

corrective actions and operational 

limitations, if necessary, by accomplishing 

all the actions specified in Work Package 1 

and Work Package 2 of the Work Instructions 

of Boeing Alert Service Bulletin 747–

25A3335, dated July 3, 2003; except as 

required by paragraph (g) of this AD. 

Replacement of all outboard roller assemblies 

with new assemblies in accordance with 

Work Package 2 of the service bulletin ends 

the repetitive inspections required by 

paragraph (f)(1) of this AD (Work Package 1).

Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 63445

TABLE 1.—COMPLIANCE TIMES

For— Initial compliance time— Repetitive interval— 

(1) Work Package 1 ........................................... Within 180 days after the effective date of this 

AD.

At intervals not to exceed 180 days, until all 

outboard roller assemblies have been replaced per Work Package 2 of the service 

bulletin. 

(2) Work Package 2 ........................................... Within 18 months after the effective date of 

this AD.

None. 

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 mirrors magnifying 

lenses, etc. may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Note 2: Boeing Alert Service Bulletin 747–

25A3335 refers to Goodrich Alert Service 

Bulletin 65B60176–25-A01, dated March 3, 

2003, as an additional source of service 

information for replacing the outboard roller 

assemblies.

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Seattle ACO, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 747–25A3335, dated July 3, 2003, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approves the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. For copies of the service information, 

contact Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207. 

For information on the availability of this 

material at the National Archives and 

Records Administration (NARA), call (202) 

741–6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW, room PL–401, Nassif 

Building, Washington, DC.

Issued in Renton, Washington, on October 

21, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24227 Filed 11–1–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10 and 178

[CBP Dec. 04–36] 

RIN 1505–AB32

Prototypes Used Solely for Product 

Development, Testing, Evaluation, or 

Quality Control Purposes

AGENCY: Customs and Border Protection, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This document amends the 

Customs and Border Protection 

Regulations in order to establish rules 

and procedures under the Product 

Development and Testing Act of 2000 

(PDTA). The purpose of the PDTA is to 

promote product development and 

testing in the United States by allowing 

the duty-free entry of articles, 

commonly referred to as prototypes, that 

are to be used exclusively in product 

development, testing, evaluation or 

quality control. The final regulations set 

forth the procedures for both the 

identification of those prototypes 

properly entitled to duty-free entry, as 

well as the permissible sale of such 

prototypes, following use in the United 

States, as scrap, waste, or for recycling.

EFFECTIVE DATE: This final rule is 

effective on December 2, 2004.

FOR FURTHER INFORMATION CONTACT:

Richard Wallio, Office of Field 

Operations, 202–344–2556.

SUPPLEMENTARY INFORMATION:

Background 

The Product Development and 

Testing Act of 2000 (PDTA) was enacted 

on November 9, 2000, as part of the 

Tariff Suspension and Trade Act of 2000 

(Act) (Pub. L. 106–476). The provisions 

of the PDTA are found in sections 1431–

1435 of the Act. 

The purpose of the PDTA, as set forth 

in section 1432(b) of the Act, is to 

promote product development and 

testing in the United States by allowing 

the importation on a duty-free basis of 

articles commonly referred to as 

‘‘prototypes’’ that are to be used 

exclusively for product development, 

testing, evaluation or quality control. 

Until the enactment of the PDTA, 

prototype articles had generally been 

subject to customs duty when imported, 

unless the articles were eligible for 

duty-free treatment under a special 

trade program, such as the North 

American Free Trade Agreement 

(NAFTA) (19 U.S.C. 3301 et seq.), or 

unless they were entered under a 

temporary importation bond (TIB) 

(subheading 9813.00.30, Harmonized 

Tariff Schedule of the United States 

(HTSUS)). Furthermore, the value of 

these prototypes had to be included in 

the dutiable value of any imported 

production merchandise that resulted 

from the same design and development 

efforts to which the prototype articles 

themselves were dedicated. In effect, 

duty on a prototype good was assessed 

twice, once when the prototype was 

imported and a second time as part of 

the dutiable value of the related 

imported production merchandise. 

Consequently, to expedite and 

encourage the use of prototypes in the 

United States, section 1433 of the Act 

amended the Harmonized Tariff 

Schedule of the United States (HTSUS) 

by inserting a new subheading 

9817.85.01 in subchapter XVII of 

chapter 98, HTSUS, to provide for the 

duty-free entry of prototype articles. 

Section 1433 of the Act also included a 

new U.S. Note 6 in subchapter XVII of 

chapter 98, HTSUS, to define the term 

‘‘prototypes’’ as used in HTSUS 

subheading 9817.85.01. 

CBP Rulemaking 

By a document published in the 

Federal Register (67 FR 10636) on 

March 8, 2002, Customs (which has 

been renamed Customs and Border 

Protection (CBP) after being transferred 

to the Department of Homeland 

Security) proposed to amend the 

Customs Regulations (now the CBP 

Regulations) to add a new § 10.91, in 

accordance with the requirements of the