Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5771

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:

Short Brothers plc: Docket 2003–NM–127–

AD.

Applicability: All Model SD3–60 series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct corrosion in the area 

of the main spar web fittings of the vertical 

stabilizer, which could result in reduced 

structural integrity of the vertical stabilizer, 

accomplish the following: 

Inspection 

(a) Within 6 months after the effective date 

of this AD, perform a detailed inspection to 

detect corrosion of the shear attachment 

fitting for the fin-to-fuselage front spar and of 

the shear cleat for the fin root rib at the aft 

spar location, in accordance with the 

Accomplishment Instruction of Short 

Brothers Service Bulletin SD360–53–44, 

Revision 1, dated January 24, 2003.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as mirror, 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

Disposition of Repairs 

(b) If any corrosion is detected during the 

inspection required by paragraph (a) of this 

AD, before further flight, repair per a method 

approved by either the Manager, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate; or the Civil 

Aviation Authority (or its delegated agent). 

Inspection Report 

(c) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (a) of this AD to Short 

Brothers, Airworthiness & Engineering 

Quality, P.O. Box 241, Airport Road, Belfast 

BT3 9DZ, Northern Ireland, or as specified in 

the Shorts service bulletin, at the applicable 

time specified in paragraph (c)(1) or (c)(2) of 

this AD. The report must include the 

inspection results, a description of any 

discrepancies found, the airplane serial 

number, and the number of landings and 

flight hours on the airplane. Under the 

provisions of the Paperwork Reduction Act of 

1980 (44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done after the 

effective date of this AD: Submit the report 

within 10 days after the inspection. 

(2) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 10 days after the effective 

date of this AD. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, is 

authorized to approve alternative methods of 

compliance (AMOCs) for this AD.

Note 2: The subject of this AD is addressed 

in British airworthiness directive 004–11–

2002.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2471 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–109–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 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 series airplanes. This 

proposal would require repetitive 

detailed inspections of the aft pressure 

bulkhead for indications of ‘‘oil cans’’

and previous ‘‘oil can’’ repairs, and 

corrective actions, if necessary. An ‘‘oil 

can’’ is an area on a pressure dome web 

that moves when pushed from the 

forward side. This action is necessary to 

detect and correct the propagation of 

fatigue cracks in the vicinity of ‘‘oil 

cans’’ on the web of the aft pressure 

bulkhead, which could result in rapid 

decompression of the passenger cabin, 

possible damage or interference with the 

airplane control systems that pass 

through the bulkhead, and consequent 

loss of control of the airplane. 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. 2003–NM–

109–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. 2003–NM–109–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, PO 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:

Suzanne Masterson, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6441; 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 

5772 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

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 2003–NM–109–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. 

2003-NM–109-AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

The FAA has received a report 

indicating that a 2.1-inch crack in the 

web of the aft pressure bulkhead at the 

perimeter of an ‘‘oil can’’ was found on 

a Model 747 series airplane. An ‘‘oil 

can’’ is an area on a pressure dome web 

that moves when pushed from the 

forward side. The cause of the crack in 

the web is fatigue. This condition, if not 

detected and corrected, could lead to 

the propagation of fatigue cracks in the 

vicinity of ‘‘oil cans’’ on the web of the 

aft pressure bulkhead, which could 

result in rapid decompression of the 

passenger cabin, possible damage or 

interference with the airplane control 

systems that pass through the bulkhead, 

and consequent loss of control of the 

airplane.

The aft pressure bulkhead on Model 

767 series airplanes is almost identical 

to that on the affected Model 747 series 

airplanes. Therefore, those Model 767 

series airplanes may be subject to the 

unsafe condition revealed on the Model 

747 series airplanes. 

Other Related Rulemaking 

The FAA may consider further 

rulemaking to address the unsafe 

condition identified on Model 747 

series airplanes. 

Explanation of Relevant Service 

Information 

The FAA has reviewed and approved 

Boeing Alert Service Bulletin 767–

53A0105, dated April 10, 2003; and 

Boeing Alert Service Bulletin 767–

53A0106, dated April 10, 2003; which 

describe procedures for performing 

repetitive detailed inspections of the aft 

pressure bulkhead for indications of ‘‘oil 

cans’’ and previous ‘‘oil can’’ repairs, 

and corrective actions, if necessary. The 

corrective actions include performing a 

detailed inspection of the web around 

any ‘‘oil can’’ repair for cracks and 

smaller ‘‘oil cans’’ and repairing cracks; 

and performing repetitive high 

frequency eddy current inspections of 

the web around the periphery of the ‘‘oil 

can’’ indication for cracks and repairing 

cracks. Repair of all ‘‘oil cans’’

eliminates the need for the repetitive 

high frequency eddy current 

inspections. 

Explanation of Requirements of 

Proposed Rule 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other products of this same 

type design, the proposed AD would 

require accomplishment of the actions 

specified in the service bulletin 

described previously, except as 

discussed below. 

Differences Between Proposed Rule and 

Service Bulletins 

Operators should note that, although 

the service bulletins specify that the 

manufacturer may be contacted for 

disposition of certain repair conditions, 

this proposal would require the repair of 

those conditions to be accomplished per 

a method approved by the FAA, or per 

data meeting the type certification basis 

of the airplane approved by a Boeing 

Company Designated Engineering 

Representative who has been authorized 

by the FAA to make such findings. 

Clarification of Actions in Service 

Bulletins 

Operators should note that paragraph 

1.b. of ‘‘Part 3—Inspection of ‘Oil 

Cans,’ ’’ of the Accomplishment 

Instructions of Boeing Alert Service 

Bulletin 767–53A0106, dated April 10, 

2003, states, ‘‘* * * limits shown in 

767–200, 767–300, or 767–300F 

Structural Repair Manual (SRM) 53–80–

08, Figure 102.’’ However, the service 

bulletin applies to Model 767–400ER 

series airplanes, and thus the reference 

should be to 767–400 SRM 53–80–08, 

Figure 102, as specified in the previous 

paragraph 1.a. of the service bulletin. 

Operators should note that ‘‘Part 2—

Inspection of Previous ‘Oil Can’

Repairs’’ of the Accomplishment 

Instructions of both service bulletins 

states, ‘‘Do the inspections shown in 

Part 2 again at the time shown in Figure 

1.’’ However, Figure 1 of the service 

bulletins specifies that the inspection in 

‘‘Part 1—Access and Inspection’’ is to be 

repeated. We have determined that the 

correct reference is Part 1. Therefore this 

proposed AD would require repetitive 

inspection per Part 1. 

Interim Action 

This is considered to be interim 

action. The FAA may consider further 

rulemaking to reduce thresholds if 

cracks are reported earlier than the 

predicted fatigue life. 

Cost Impact 

There are approximately 890 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

398 airplanes of U.S. registry would be 

affected by this proposed AD, that it 

would take approximately 14 work 

hours per airplane to accomplish the 

proposed detailed inspection, 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 $362,180, or 

$910 per airplane, per inspection cycle. 

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 proposed 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 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5773

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 2003–NM–109–AD.

Applicability: All Model 767 series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct the propagation of 

fatigue cracks in the vicinity of ‘‘oil cans’’ on 

the web of the aft pressure bulkhead, which 

could result in rapid decompression of the 

passenger cabin, possible damage or 

interference with the airplane control 

systems that pass through the bulkhead, and 

consequent loss of control of the airplane, 

accomplish the following: 

Service Bulletin References 

(a) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the following service 

bulletins, as applicable: 

(1) For Model 767–200, –300, and –300F 

series airplanes: Boeing Alert Service 

Bulletin 767–53A0105, dated April 10, 2003; 

and 

(2) For Model 767–400ER series airplanes: 

Boeing Alert Service Bulletin 767–53A0106, 

dated April 10, 2003. 

Initial and Repetitive Inspections 

(b) Perform a detailed inspection of the aft 

pressure bulkhead for indications of ‘‘oil 

cans’’ and previous ‘‘oil can’’ repairs, in 

accordance with the service bulletin, at the 

applicable time specified in paragraph (b)(1) 

or (b)(2) of this AD. Repeat the detailed 

inspection thereafter at intervals not to 

exceed 6,000 flight cycles.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as mirror, 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

(1) For Model 767–200 and –300 series 

airplanes: Prior to the accumulation of 50,000 

total flight cycles, or within 1,000 flight 

cycles after the effective date of this AD, 

whichever is later. 

(2) For Model 767–300F and –400ER series 

airplanes: Prior to the accumulation of 40,000 

total flight cycles, or within 1,000 flight 

cycles after the effective date of this AD, 

whichever is later. 

Indication of Previous ‘‘Oil Can’’ Repairs 

(c) If any previous ‘‘oil can’’ repair is found 

during any detailed inspection required by 

paragraph (b) of this AD: Before further flight, 

do a detailed inspection of the web around 

any ‘‘oil can’’ repair for cracks or smaller ‘‘oil 

cans,’’ in accordance with the service 

bulletin. 

(1) If any crack is found, before further 

flight, repair in accordance with the service 

bulletin. Where the service bulletin specifies 

to contact Boeing for repair, before further 

flight, repair per a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA; or per data meeting the type 

certification basis of the airplane approved 

by a Boeing Company Designated 

Engineering Representative who has been 

authorized by the Manager, Seattle ACO, to 

make such findings. For a repair method to 

be approved, the approval must specifically 

reference this AD. 

(2) If any ‘‘oil can’’ is found, before further 

flight, perform the surface high frequency 

eddy current (HFEC) inspection specified in 

paragraph (d) of this AD. 

Indication of ‘‘Oil Can’’

(d) If any indication of an ‘‘oil can’’ is 

found during any detailed inspection 

specified in paragraph (b) or (c) of this AD: 

Before further flight, perform a surface HFEC 

inspection of the web around the periphery 

and in the center of the ‘‘oil can’’ indication 

for cracks, at all ‘‘oil cans,’’ and perform a 

detailed inspection of the web for cracks, in 

accordance with the service bulletin. 

Alternative inspection specified in the 

service bulletin is acceptable for this AD. 

(1) If no crack is found and the ‘‘oil can’’

meets the allowable limits specified in the 

service bulletin, do the action in either 

paragraph (d)(1)(i) or (d)(1)(ii) of this AD. 

(i) Repeat the surface HFEC inspection 

specified in paragraph (d) of this AD 

thereafter at intervals not to exceed 3,000 

flight cycles. 

(ii) Before further flight, repair the ‘‘oil 

can’’ in accordance with the service bulletin. 

Repair of all ‘‘oil cans’’ is considered a 

terminating action for the repetitive HFEC 

inspections required by paragraph (d)(1)(i) of 

this AD. However, continue to repeat the 

detailed inspection required by paragraph (b) 

of this AD. 

(2) If no crack is found and the ‘‘oil can’’

does not meet the specified allowable limits 

specified in the service bulletin: Before 

further flight, repair the ‘‘oil can’’ in 

accordance with the service bulletin. If, 

following the repair, any ‘‘oil can’’ remains 

that meets the allowable limits specified in 

the service bulletin, do the action required by 

either paragraph (d)(1)(i) or (d)(1)(ii) of this 

AD. 

(3) If any crack is found, before further 

flight, repair in accordance with the service 

bulletin. Where the service bulletin specifies 

to contact Boeing for appropriate action, 

before further flight, repair per a method 

approved by the Manager, ACO, FAA; or per 

data meeting the type certification basis of 

the airplane approved by a Boeing Company 

Designated Engineering Representative who 

has been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, the approval must 

specifically reference this AD. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, FAA, is authorized to 

approve alternative methods of compliance 

for this AD.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2472 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–51–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Mystere-Falcon 50, MystereFalcon 900, and Falcon 900 EX 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 

certain Dassault Model Mystere-Falcon 

50, Mystere-Falcon 900, and Falcon 

900EX series airplanes. This proposal 

would require installing a shield plate 

over the tank structure above the 

Stormscope antenna and replacing the 

Stormscope antenna plug connector 

with a new connector. This action is 

necessary to prevent puncture of the 

fuel tank, in the event of a belly landing, 

which could result in a post-landing fire 

if fuel leaking from the tank makes 

contact with the sparks from the 

airplane sliding on the ground. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

March 8, 2004.