Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5781

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the DGAC has kept the FAA informed 

of the situation described above. The 

FAA has examined the findings of the 

DGAC, reviewed all available 

information, and determined that AD 

action is necessary for products of this 

type design that are certificated for 

operation in the United States. 

Explanation of Requirements of 

Proposed Rule 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other airplanes of the same 

type design registered in the United 

States, the proposed AD would require 

accomplishment of the actions specified 

in the service bulletin described 

previously. 

Cost Impact 

The FAA estimates that 1 airplane of 

U.S. registry would be affected by this 

proposed AD, that it would take 

approximately 7 work hours per 

airplane to accomplish the proposed 

actions, and that the average labor rate 

is $65 per work hour. Required parts 

would cost approximately $40 per 

airplane. Based on these figures, the cost 

impact of the proposed AD on U.S. 

operators is estimated to be $495 per 

airplane. 

The cost impact figure discussed 

above is 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 proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that this 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) if 

promulgated, 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 copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting 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.

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend 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:

Construcciones Aeronauticas, S.A. (CASA):

Docket 2002–NM–160–AD.

Applicability: Model C–235 series 

airplanes, serial numbers C–006, C–007, C–

010, C–012, C–018, C–029, C–030, C–032, C–

033, and C–042; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the flight crew from being able 

to inhibit the aural warning for the landing 

gear up, and the possibility that the flight 

crew of the next flight or possibly of the same 

flight could inadvertently land the airplane 

with the landing gear not down and locked; 

accomplish the following: 

Modification 

(a) Within 6 months after the effective date 

of this AD, modify the electrical wiring of the 

rudder trim control unit per the 

Accomplishment Instructions of CASA 

Service Bulletin SB–235–27–20, dated March 

7, 2001. 

Alternative Methods of Compliance 

(b) In accordance with 14 CFR 39.19, the 

Manager, International Branch, FAA, 

Transport Airplane Directorate, is authorized 

to approve alternative methods of 

compliance for this AD.

Note 1: The subject of this AD is addressed 

in Spanish airworthiness directive 02/02, 

dated April 30, 2002.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2476 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–207–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, –100B, –100B SUD, 

–200B, –200C, –200F, –300, 747SR, and 

747SP Series Airplanes Equipped With 

Pratt & Whitney JT9D–3, –7, –7Q, and 

–7R4G2 Series Engines

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to certain Boeing 

transport category airplanes listed 

above, that would have required drilling 

witness holes through the cowl skin at 

the cowl latch locations in the left-hand 

side of the cowl panel assembly of each 

engine. This new action revises the 

proposed rule by adding certain 

airplanes and removing certain JT9D 

engines from the applicability. The 

actions specified by this new proposed 

AD are intended to prevent improper 

connection of the latch, which could 

result in separation of a cowl panel from 

the airplane. Such separation could 

cause damage to the airplane, 

consequent rapid depressurization, and 

hazards to persons or property on the 

ground. This action is intended to 

address the identified unsafe condition.

DATES: Comments must be received by 

March 2, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2002–NM–

207–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmVerDate jul<14>2003 16:42 Feb 05, 2004 Jkt 203001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\06FEP1.SGM 06FEP1
5782 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

nprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2002–NM–207–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207. 

This information may be examined at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Dan 

Kinney, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6499; 

fax (425) 917–6590.

SUPPLEMENTARY INFORMATION:

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2002–NM–207–AD.’’

The postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2002–NM–207–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

A proposal to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) to add an airworthiness 

directive (AD), applicable to certain 

Boeing Model 747–100, –100B, –100B 

SUD, –200B, –200C, –200F, –300, 

747SR, and 747SP series airplanes 

equipped with Pratt & Whitney JT9D 

series engines, was published as a 

notice of proposed rulemaking (NPRM) 

(hereafter referred to as the ‘‘original 

NPRM’’) in the Federal Register on July 

9, 2003 (68 FR 40827). That original 

NPRM would have required drilling 

witness holes through the cowl skin at 

the cowl latch locations in the left-hand 

side of the cowl panel assembly of each 

engine. That original NPRM was 

prompted by a report of in-flight 

separation of the cowl panels on the 

left- and right-hand sides of a Model 747 

series airplane. That condition, if not 

corrected, could result in damage to the 

airplane, consequent rapid 

depressurization, and hazards to 

persons or property on the ground. 

Comments 

Due consideration has been given to 

the comment received in response to the 

original NPRM. That comment, as 

discussed below, has resulted in 

changes to the supplemental NPRM. 

Request for Change in Applicability 

One commenter requests that we 

remove Pratt & Whitney JT9D–70A 

engines from the applicability of the 

original NPRM. The commenter states 

that the side cowl panels for JT9D–70A 

engines have a different configuration 

than the other JT9D series engines. 

We agree. Since Pratt & Whitney 

JT9D–70A engines have a different 

configuration, the corrective action as 

specified in paragraph (a) of this 

supplemental NPRM is not applicable to 

JT9D–70A engines. We have revised the 

applicability of this supplemental 

NPRM to identify only the affected 

engines. 

The commenter also requests that we 

add Model 747 series airplanes, line 

numbers 670 to 814 inclusive, to the 

applicability of the original NPRM. The 

commenter states that since the side 

cowls are readily interchangeable 

among JT9D series engines equipped on 

Model 747 series airplanes, the 

applicability should include all 

delivered Model 747 series airplanes 

equipped with JT9D–3, –7, –7Q, and 

–7R4G2 series engines.

We agree. Since issuance of the 

original NPRM, we have reviewed and 

approved Revision 1 of Boeing Special 

Attention Service Bulletin 747–71–

2301, dated August 21, 2003, which 

adds additional airplanes, line numbers 

670 through 814 inclusive, to the 

applicability. We have revised this 

supplemental NPRM to specify the new 

applicability and to reference Revision 1 

of the service bulletin as the appropriate 

source of service information for 

accomplishing the required actions. We 

have also added paragraph (b) of this 

supplemental NPRM to give credit for 

actions accomplished per the original 

issue of the service bulletin. 

Furthermore, we have revised the cost 

impact to include the additional cost of 

these airplanes to U.S. operators. 

Conclusion 

Since these changes expand the scope 

of the originally proposed rule, the FAA 

has determined that it is necessary to 

reopen the comment period to provide 

additional opportunity for public 

comment. 

Cost Impact 

There are approximately 481 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

114 airplanes of U.S. registry would be 

affected by this proposed AD, that it 

would take approximately 8 work hours 

per airplane (2 work hours per engine) 

to accomplish the proposed actions, and 

that the average labor rate is $65 per 

work hour. Based on these figures, the 

cost impact of the proposed AD on U.S. 

operators is estimated to be $59,280, or 

$520 per airplane. 

The cost impact figure discussed 

above is 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. 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5783

Regulatory Impact 

The regulations proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that this 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) if 

promulgated, 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 copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting 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.

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend 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:

Boeing: Docket 2002–NM–207–AD.

Applicability: Model 747–100, –100B, 

–100B SUD, –200B, –200C, –200F, –300, 

747SR, and 747SP series airplanes; equipped 

with Pratt & Whitney JT9D–3, –7, –7Q, and 

–7R4G2 series engines; line numbers 1 

through 814 inclusive; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent improper connection of the 

cowl latch located in the left-hand side of the 

cowl panel assembly of each engine, which 

could result in separation of a cowl panel 

from the airplane, accomplish the following: 

Drill Holes 

(a) Within 36 months after the effective 

date of this AD: Drill witness holes through 

the cowl skin at each of the six cowl latch 

locations located on the left-hand side of the 

cowl panel assembly of each engine, per 

paragraphs 3.B.1. through 3.B.4. of the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 747–71–

2301, Revision 1, dated August 21, 2003. 

Credit for Actions Accomplished Per 

Previous Service Bulletin 

(b) Actions accomplished before the 

effective date of this AD per the 

Accomplishment Instructions of Boeing 

Service Bulletin 747–71–2301, dated May 30, 

2002, are acceptable for compliance with the 

requirements of paragraph (a) of this AD. 

Alternative Methods of Compliance 

(c) In accordance with 14 CFR 39.19, the 

Manager, Seattle Aircraft Certification Office, 

FAA, is authorized to approve alternative 

methods of compliance (AMOCs) for this AD.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2477 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–151–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200 and –300 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to all 

Boeing Model 767–200 and –300 series 

airplanes. This proposal would require 

inspection of the actuators for the offwing slide compartment door on the 

right and left sides of the airplane to 

determine the actuator cartridge serial 

number, and corrective actions, if 

necessary. This action is necessary to 

prevent the actuators for the off-wing 

slide compartment door from not firing, 

which could cause the door to open 

improperly and prevent the deployment 

of the off-wing escape slide, leading to 

the loss of an evacuation route. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

March 22, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2002–NM–

151–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2002–NM–151–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207; 

and Universal Propulsion Company, 

Inc. (formerly OEA Inc.), P.O. Box KK, 

Highway 12, Explosive Technology Rd., 

Fairfield, California 94533–0659. This 

information may be examined at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington.

FOR FURTHER INFORMATION CONTACT:

Susan Rosanske, Cabin Safety and 

Environmental Systems Branch, ANM–

150S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6448; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION:

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues.