62566 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

member or group of associated members 

under § 723.8.

[FR Doc. 04–24001 Filed 10–26–04; 8:45 am] 

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–91–AD; Amendment 

39–13829; AD 2004–22–01] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes on 

Which Cargo Restraint Strap 

Assemblies Have Been Installed per 

Supplemental Type Certificate (STC) 

ST01004NY

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to various transport category 

airplanes on which cargo restraint strap 

assemblies have been installed per STC 

ST01004NY. This amendment requires 

revising the airplane flight manual to 

include a procedure for discontinuing 

the use of certain cargo restraint strap 

assemblies installed per STC 

ST01004NY, if used as the only cargo 

restraint. This amendment also requires 

revising the airplane weight and balance 

manual to include the same procedure 

described previously. The actions 

specified by this AD are intended 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. This 

action is intended to address the 

identified unsafe condition.

DATES: Effective December 1, 2004.

ADDRESSES: Information pertaining to 

this AD may be examined at the Federal 

Aviation Administration (FAA), 

Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Jon 

Hjelm, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stuart Ave., suite 410, Westbury, 

New York 11590; telephone (516) 228–

7323; fax (516) 794–5531.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to various transport 

category airplanes on which cargo 

restraint strap assemblies have been 

installed per STC ST01004NY was 

published as a supplemental notice of 

proposed rulemaking (NPRM) in the 

Federal Register on August 4, 2004 (69 

FR 47028). That action proposed to 

require revising the airplane flight 

manual (AFM) to include a procedure 

for discontinuing the use of certain 

cargo restraint strap assemblies installed 

per STC ST01004NY, if used as the only 

cargo restraint. That action also 

proposed to add a requirement to revise 

the airplane weight and balance manual 

(WBM) to include the same procedure 

described previously. 

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. 

Cost Impact 

There are approximately 1,150 

transport category airplanes of the 

affected design in the worldwide fleet. 

We estimate that 735 airplanes of U.S. 

registry will be affected by this AD. 

It will take approximately 1 work 

hour per airplane to accomplish the 

AFM revision, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the AFM 

revision on U.S. operators is estimated 

to be $47,775, or $65 per airplane. 

It will take approximately 1 work 

hour per airplane to accomplish the 

WBM revision, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the WBM 

revision on U.S. operators is estimated 

to be $47,775, or $65 per airplane. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the proposed requirements of this AD 

action, and that no operator would 

accomplish those actions in the future if 

this AD were not adopted. The cost 

impact figures discussed in AD 

rulemaking actions represent only the 

time necessary to perform the specific 

actions actually required by the AD. 

These figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (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. 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, 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 adding 

the following new airworthiness 

directive:

2004–22–01 Transport Category Airplanes:

Amendment 39–13829. Docket 2002–

NM–91–AD.

Applicability: The following transport 

category airplanes, certificated in any 

category, on which cargo restraint strap 

assemblies part number (P/N) 1519–MCIDS 

have been installed per Supplemental Type 

Certificate (STC) ST01004NY:

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