Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62567

TABLE 1.—MANUFACTURERS/AIRPLANE MODELS

Manufacturer Airplane model 

Aerospatiale ........................................................ ATR42 and ATR72 series airplanes. 

Airbus .................................................................. A300 B2 and A300 B4 series airplanes; A300 B4–600, A300 B4–600R, and A300 F4–600R 

(collectively called A300–600) series airplanes; A310, A320, A321, A330, and A340 series 

airplanes. 

Boeing ................................................................. 707–100, 707–200, 707–100B, and 707–100B series airplanes; 727, 737, 747, 757, and 767 

series airplanes. 

British Aerospace ................................................ BAe 146 series airplanes and Avro 146–RJ series airplanes. 

Fokker ................................................................. F27 and F.28 series airplanes. 

Lockheed ............................................................ 188A and 188C airplanes, and L–1011 series airplanes. 

Maryland Air Industries, Inc. ............................... F–27 series airplanes and FH–227 series airplanes. 

McDonnell Douglas ............................................. DC–7, DC–7B, and DC–7C airplanes; DC–8–11, DC–8–12, DC–8–21, DC–8–31, DC–8–32, 

DC–8–33, DC–8–41, DC–8–42, and DC–8–43 airplanes; DC–8–51, DC–8–52, DC–8–53, 

and DC–8–55 airplanes; DC–8F–54 and DC–8F–55 airplanes; DC–8–61, DC–8–62, and 

DC–8–63 airplanes; DC–8–61F, DC–8–62F, and DC–8–63F airplanes; DC–8–71, DC–8–72, 

and DC–8–73 airplanes; DC–8–71F, DC–8–72F, and DC–8–73F airplanes; DC–9–11, DC–

9–12, DC–9–13, DC–9–14, DC–9–15, and DC–9–15F airplanes; DC–9–21 airplanes; DC–9–

31, DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, DC–9–41, 

DC–9–51, DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), and DC–9–87 (MD–

87) airplanes; MD–88 airplanes; MD–90–30 airplanes; 717–200 airplanes; DC–10–10 and 

DC–10–10F airplanes; DC–10–15 airplanes; DC–10–30 and DC–10–30F (KDC–10) airplanes; DC–10–40 and DC–10–40F airplanes; MD–10–10F and MD–10–30F airplanes; and 

MD–11 and MD–11F airplanes. 

Compliance: Required as indicated, unless 

accomplished previously. To prevent shifting 

or unrestrained cargo in the cargo 

compartment, which could cause an 

unexpected change in the airplane’s center of 

gravity, damage to the airplane structure and/

or flight control system, a hazard to the 

flightcrew, and/or possible loss of 

controllability of the airplane, accomplish 

the following: 

Revisions to Airplane Flight Manual (AFM) 

and Weight and Balance Manual (WBM) 

(a) Within 14 days after the effective date 

of this AD, revise the Limitations Section of 

the applicable AFM, and the cargo-loading 

procedures in the applicable WBM, to 

include the following information (this may 

be accomplished by inserting a copy of this 

AD into the AFM and the WBM):

‘‘Discontinue the use of Supplemental Type 

Certificate (STC) ST01004NY to install 

Airline Container Manufacturing Company, 

Inc., cargo restraint straps, part number 

1519–MCIDS, as the only means of securing 

cargo to Technical Standard Order (TSO) 

C90c/NAS3610 pallets. Such cargo restraint 

straps may continue to be used as 

supplemental restraints to secure cargo to 

TSO C90c/NAS3610 pallets, or to the cargo 

restraint fittings in the airplane floor, per the 

airplane manufacturer’s weight and balance 

manuals, and within the strap rated load 

(5,000 lbs.).’’

Note 1: If the statement in paragraph (a) of 

this AD has been incorporated into the 

general revisions of the AFM and the WBM, 

the general revisions may be incorporated 

into the AFM and the WBM, and the copy 

of this AD may then be removed from the 

AFM and the WBM.

Alternative Methods of Compliance 

(b) In accordance with 14 CFR 39.19, the 

Manager, New York Aircraft Certification 

Office, FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

Effective Date 

(c) This amendment becomes effective on 

December 1, 2004.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24031 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19461; Directorate 

Identifier 2004–NM–169–AD; Amendment 

39–13833; AD 2004–22–05] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Boeing Model 737–300, –400, and –500 

series airplanes. This AD requires 

inspecting for discrepancies of the 

fuselage skin under the dorsal fin 

assembly, and repairing if necessary. 

This AD is prompted by a report of an 

18-inch crack found in the fuselage skin 

area under the blade seals of the nose 

cap of the dorsal fin due to previous 

wear damage. We are issuing this AD to 

find and fix discrepancies of the 

fuselage skin, which could result in 

fatigue cracking due to cabin 

pressurization, and consequent rapid inflight decompression of the airplane 

fuselage.

DATES: Effective November 12, 2004. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of November 12, 2004. 

We must receive comments on this 

AD by December 27, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

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 

62568 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

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 in person 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. 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Examining the Dockets 

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. Comments will be available in 

the AD docket shortly after the DMS 

receives them.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Sue Lucier, 

Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6438; fax (425) 

917–6590. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

We have recently received a report 

indicating that wear of the fuselage skin 

was found between body stations 860 

and 1006 on a Boeing Model 737–300 

series airplane. Subsequently, an 18-

inch crack developed in the area of the 

wear. Fuselage skin wear is attributed to 

the movement of the blade seals, which 

provide an aerodynamic seal between 

the dorsal fin fairing and the fuselage 

skin. Wear damage of the fuselage skin, 

if not found and fixed, could result in 

fatigue cracking due to cabin 

pressurization, and consequent rapid inflight decompression of the airplane 

fuselage. 

Relevant Service Information 

We have reviewed Boeing Message 

Number 1–QXO35, dated October 13, 

2004. The message describes procedures 

for repetitive detailed inspections of the 

fuselage skin under the dorsal fin 

assembly for discrepancies (i.e., wear or 

cracking), and contacting Boeing for 

repair instructions. The message also 

describes procedures for accomplishing 

a detailed inspection for discrepancies if 

any repair doubler is installed. 

We have also reviewed Boeing Service 

Bulletin 737–55–1057, Revision 1, dated 

July 22, 1999; specified in the Boeing 

message as an additional source of 

service information for accomplishing 

the actions. Part I of the 

Accomplishment Instructions of the 

service bulletin describes procedures for 

inspecting for discrepancies of the 

fuselage skin under the dorsal fin 

assembly. The discrepancies include 

chafing, wear damage, and lack of 

abrasion-resistant coating. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. Therefore, we are issuing this 

AD to find and fix discrepancies of the 

fuselage skin, which could result in 

fatigue cracking due to cabin 

pressurization, and consequent rapid inflight decompression of the airplane 

fuselage. This AD requires 

accomplishing the actions specified in 

Boeing Message Number 1–QXO35, 

described previously, except as 

discussed under ‘‘Difference Between 

the AD and Boeing Message Number 1–

QXO35.’’

Difference Between the AD and Boeing 

Message Number 1–QXO35

The message specifies that operators 

may contact the manufacturer for repair 

instructions, but this AD requires you to 

repair cracking in one of the following 

ways: 

• Using a method that we approve; or 

• Using data that meet the type 

certification basis of the airplane, and 

that have been approved by a Boeing 

Company Designated Engineering 

Representative who has been authorized 

by the FAA to make those findings. 

Although the message recommends 

reporting any fuselage skin cracking 

found during the detailed inspections, 

this AD does not require that action.

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19461; Directorate Identifier 

2004–NM–169–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

anyone can find and read the comments 

in any of our dockets, including the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You can review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you can visit 

http://dms.dot.gov. 

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications with 

you. You can get more information 

about plain language at http://www/

faa.gov/language and http://

www.plainlanguage.gov

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. 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62569

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this 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):

2004–22–05 Boeing: Amendment 39–13833. 

Docket No. FAA–2004–19461; 

Directorate Identifier 2004–NM–169–AD. 

Effective Date 

(a) This AD becomes effective November 

12, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

737–300, –400, and –500 series airplanes; 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report of 

an 18-inch crack found in the fuselage skin 

area under the blade seals of the nose cap of 

the dorsal fin due to previous wear damage. 

We are issuing this AD to find and fix 

discrepancies of the fuselage skin, which 

could result in fatigue cracking due to cabin 

pressurization, and consequent rapid inflight decompression of the airplane fuselage. 

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. 

Repetitive Detailed Inspections 

(f) For airplanes specified in either 

paragraph (f)(1), (f)(2), (f)(3), or (f)(4) of this 

AD: Accomplish a detailed inspection for 

discrepancies (wear or cracking) of the 

fuselage skin under the dorsal fin assembly 

by doing all the actions specified in Boeing 

Message Number 1–QXO35, dated October 

13, 2004. Repeat the inspection thereafter at 

intervals not to exceed 9,000 flight cycles.

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(1) For airplanes with line numbers 1001 

through 2828 inclusive that have not been 

inspected as of the effective date of this AD, 

in accordance with Boeing Service Bulletin 

737–55–1057, dated December 12, 1996; or 

Revision 1, dated July 22, 1999: Inspect 

before the accumulation of 18,000 total flight 

cycles, or within 90 days after the effective 

date of this AD, whichever is later. 

(2) For airplanes with line numbers 2829 

through 3132 inclusive that are not included 

in the effectivity of Boeing Service Bulletin 

737–55–1057, dated December 12, 1996; or 

Revision 1, dated July 22, 1999: Inspect 

before the accumulation of 18,000 total flight 

cycles, or within 90 days after the effective 

date of this AD, whichever is later. 

(3) For airplanes with line numbers 1001 

through 2828 inclusive that have been 

inspected, but not repaired or modified as of 

the effective date of this AD, in accordance 

with Boeing Service Bulletin 737–55–1057, 

dated December 12, 1996; or Revision 1, 

dated July 22, 1999: Inspect within 9,000 

flight cycles after accomplishing the 

inspection, or within 90 days after the 

effective date of this AD, whichever is later. 

(4) For airplanes with line numbers 1001 

through 2828 inclusive that have been 

inspected and repaired or modified as of the 

effective date of this AD, in accordance with 

Boeing Service Bulletin 737–55–1057, dated 

December 12, 1996; or Revision 1, dated July 

22, 1999: Inspect within 18,000 flight cycles 

after accomplishing the repair or 

modification, or within 90 days after the 

effective date of this AD, whichever is later; 

and if a repair doubler is installed, before 

further flight, inspect the repair doubler for 

discrepancies (wear or cracking).

Note 2: Boeing Message Number 1–QXO35, 

dated October 13, 2004, references Part I of 

Boeing Service Bulletin 737–55–1057, 

Revision 1, dated July 22, 1999; as an 

additional source of service information for 

accomplishing the actions required by 

paragraph (f) of this AD.

Repair 

(g) If any discrepancy (wear or cracking) is 

found during any inspection required by this 

AD, before further flight, repair in accordance 

with a method approved by the Manager, 

Seattle Aircraft Certification Office (ACO), 

FAA; or in accordance with data meeting the 

type certification basis of the airplane 

approved by a Boeing Company Designated 

Engineering Representative (DER) who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, the approval must 

specifically refer to this AD.

Note 3: No terminating action is currently 

available for the repetitive inspections 

required by this AD.

Reporting Not Required 

(h) Although Boeing Message Number 1–

QXO35, dated October 13, 2004, specifies to 

report any fuselage skin cracking found 

during the detailed inspections, this AD does 

not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) 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. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company DER who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the approval must specifically 

refer to this AD. 

Material Incorporated by Reference 

(j) You must use Boeing Message Number 

1–QXO35, dated October 13, 2004, 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. 

You can review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street SW, room 

PL–401, Nassif Building, Washington, DC; 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 October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23924 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P