Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 63963

Departmento de Aviacao Civil (DAC), 

which is the airworthiness authority for 

Brazil, of an unsafe condition. The DAC 

advised that during a sampling program, 

fatigue cracks were found on certain 

trailing arm cardans of the MLGs. The 

proposed actions were intended to 

ensure that correct trailing arm cardans 

of the MLGs were installed. 

Actions That Occurred Since the NPRM 

Was Issued 

Since the issuance of that NPRM, the 

manufacturer has requested that the 

NPRM be withdrawn. The manufacturer 

has provided data that substantiate that 

all affected airplanes in the worldwide 

and domestic fleets are in compliance 

with the proposed requirements of the 

NPRM, and that all affected spare parts 

have been returned to the manufacturer 

and destroyed. 

FAA’s Conclusions 

Upon further consideration, and 

based on comments received in 

response to the proposed AD, we have 

determined that all affected airplanes in 

the worldwide and domestic fleets have 

complied with the requirements of the 

NPRM, and that all affected spare parts 

have been returned to the manufacturer 

and destroyed. Accordingly, the 

proposed rule is hereby withdrawn. 

Withdrawal of this NPRM constitutes 

only such action, and does not preclude 

the agency from issuing another action 

in the future, nor does it commit the 

agency to any course of action in the 

future. 

Regulatory Impact 

Since this action only withdraws a 

notice of proposed rulemaking, it is 

neither a proposed nor a final rule and 

therefore is not covered under Executive 

Order 12866, the Regulatory Flexibility 

Act, or DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979).

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Safety.

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking, Docket 2003–NM–04–AD, 

published in the Federal Register on 

March 17, 2003 (68 FR 12615), is 

withdrawn.

Issued in Renton, Washington, on October 

21, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24539 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19493; Directorate 

Identifier 2004–NM–69–AD] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 767–200, –300, 

and –300F series airplanes. This 

proposed AD would require replacing 

the inboard fairing seal common to the 

vapor barrier seal of each strut 

assembly. This proposed AD is 

prompted by discovery during 

production that a section of vapor 

barrier seal was missing from the spar 

web cavities of the upper aft struts of 

both wings. We are proposing this AD 

to prevent flammable fluids from 

leaking onto parts of a hot exhaust 

system of a shut-down engine of an 

airplane on the ground, which could 

result in ignition of the flammable fluids 

and an uncontained fire. This could also 

lead to an emergency evacuation of the 

airplane and possible injury to 

passengers.

DATES: We must receive comments on 

this proposed AD by December 20, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By 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 proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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. 

This docket number is FAA–2004–

19493; the directorate identifier for this 

docket is 2004–NM–69–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Bernie 

Gonzalez, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6498; fax (425) 917–6590. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

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. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19493; Directorate Identifier 

2004–NM–69–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed 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 proposed AD. 

Using the search function of that 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, 

63964 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you may 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 that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

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. 

Discussion 

We have received a report indicating 

that, during production, the 

manufacturer discovered that a section 

of vapor barrier seal was missing from 

the spar web cavities of the left and 

right upper aft struts on certain Boeing 

Model 767–200, –300, and –300F series 

airplanes. The vapor barrier is intended 

to contain a major spray-type fluid leak 

and direct the fluid through the upper 

aft spar web environmental control 

system penetration and the strut drain 

system. The existing seal lengths do not 

completely seal the cavity, which 

results in a gap that could potentially 

allow vapors and/or fluids to escape. A 

major fluid leak (e.g., fuel/Skydrol) may 

overwhelm the drainage provisions for 

the compartment, filling the 

compartment and leaking out of the gap. 

The FAA and Boeing have agreed that, 

for airplanes in flight and on the ground 

with the engines running, the fluid can 

escape safely. However, if an airplane is 

on the ground with the engines shut 

down, we are concerned that flammable 

fluids could leak onto parts of a hot 

exhaust system of a shut-down engine 

directly below the missing seal area. 

This could result in ignition of the 

flammable fluids and an uncontained 

fire that could also lead to an emergency 

evacuation of the airplane and possible 

injury to passengers. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 767–54–0107, Revision 1, dated 

December 18, 2003. The service bulletin 

describes procedures for replacing the 

inboard fairing seal common to the 

vapor barrier seal of each strut assembly 

with a new seal. Accomplishing the 

actions specified in the service 

information is intended to adequately 

address the unsafe condition.

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

you to replace the inboard fairing seal 

common to the vapor barrier seal of 

each strut assembly with a new seal. 

The proposed AD would require you to 

use the service information described 

previously to perform this action. 

Costs of Compliance 

This proposed AD would affect about 

311 airplanes of U.S. registry and 756 

airplanes worldwide. The proposed 

actions would take about 4 work hours 

per airplane, at an average labor rate of 

$65 per work hour. Required parts 

would cost about $185 per airplane. 

Based on these figures, the estimated 

cost of the proposed AD for U.S. 

operators is $138,395, or $445 per 

airplane. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed 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 proposed 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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):

Boeing: Docket No. FAA–2004–19493; 

Directorate Identifier 2004–NM–69–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by December 20, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767–

200, –300, and –300F series airplanes, 

equipped with General Electric and Pratt and 

Whitney engines; as listed in Boeing Service 

Bulletin 767–54–0107, Revision 1, dated 

December 18, 2003; certificated in any 

category. 

Unsafe Condition 

(d) This AD was prompted by discovery 

during production that a section of vapor 

barrier seal was missing from the spar web 

cavities of the upper aft struts of both wings. 

We are issuing this AD to prevent flammable 

fluids from leaking onto parts of a hot 

exhaust system of a shut-down engine of an 

airplane on the ground, which could result 

in ignition of the flammable fluids and an 

uncontained fire. This could also lead to an 

emergency evacuation of the airplane and 

possible injury to passengers. 

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. 

Installation of Seal 

(f) Within 60 months after the effective 

date of this AD, replace the inboard fairing 

seal common to the vapor barrier seal of each 

strut assembly with a new inboard fairing 

seal in accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767–

54–0107, Revision 1, dated December 18, 

2003. 

Seal Installations Accomplished per 

Previous Issue of Service Bulletin 

(g) Seal installations accomplished in 

accordance with the Accomplishment 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 63965

Instructions of Boeing Service Bulletin 767–

54–0107, dated January 16, 2003, are 

considered acceptable for compliance with 

the corresponding action specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19.

Issued in Renton, Washington, on October 

21, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24540 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19495; Directorate 

Identifier 2003–NM–180–AD] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 747–100, –100B, –100B SUD, 

–200B, and –300 Series Airplanes; and 

Model 747SR and 747SP Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for certain Boeing Model 

747–100, –100B, –100B SUD, –200B, 

and –300 series airplanes; and Model 

747SR and 747SP series airplanes. That 

AD currently requires repetitive 

inspections to detect fatigue cracking in 

the upper deck floor beams located at 

certain body stations, and repair, if 

necessary. This proposed AD would 

lower the threshold for the existing 

inspections and would require new 

repetitive inspections of previously 

repaired areas, and repair if necessary. 

This proposed AD is prompted by the 

results of an additional detailed analysis 

that indicate fatigue cracks can initiate 

sooner than has previously been 

observed. We are proposing this AD to 

prevent failure of the upper deck floor 

beams at certain body stations due to 

fatigue cracking, which could result in 

rapid decompression and reduced 

controllability of the airplane.

DATES: We must receive comments on 

this proposed AD by December 20, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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 proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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, 

Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Transport Airplane 

Directorate, 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.

SUPPLEMENTARY INFORMATION: 

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. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19495; Directorate Identifier 

2003–NM–180–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed 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 proposed 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 that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

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. 

Discussion 

On February 22, 2000, we issued AD 

2000–04–17, amendment 39–11600 (65 

FR 10695, February 29, 2000), for 

certain Boeing Model 747–100, –200, 

and –300 series airplanes. That AD 

requires repetitive inspections to detect 

fatigue cracking in the upper deck floor 

beams located at certain body stations, 

and repair, if necessary. That AD was 

prompted by a report from the 

manufacturer that, during a fatigue test 

at approximately 34,000 total flight 

cycles, the upper chord and web of the 

upper deck floor beams located at body