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.

5784 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

• 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–151–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–151–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

The FAA has received a report 

indicating that an actuator for the offwing slide compartment door did not 

fire during an off-wing escape slide test 

of a Boeing Model 767 series airplane. 

The actuator for the off-wing slide 

compartment door did not fire because 

of a manufacturing defect. This 

condition, if not corrected, 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. 

Explanation of Relevant Service 

Information 

The FAA has reviewed and approved 

Boeing Special Attention Service 

Bulletin 767–25–0299, dated January 18, 

2001, which describes procedures for 

performing an inspection of the 

actuators for the off-wing slide 

compartment door to determine the 

actuator cartridge serial number, and 

corrective actions, if necessary. The 

corrective actions include removing the 

actuators for the off-wing slide 

compartment door; performing an 

inspection of the actuator cartridge for 

the presence of a clearance hole, 

replacing the actuator cartridge with a 

new actuator cartridge or a serviceable 

actuator cartridge from a recharge kit; 

and installing the actuators of the offwing slide compartment door. 

Accomplishment of the actions 

specified in the Boeing service bulletin 

is intended to adequately address the 

identified unsafe condition. 

Boeing Special Attention Service 

Bulletin 767–25–0299, dated January 18, 

2001 references OEA Aersospace, Inc. 

Service Bulletin 5262 (02) SB (NC), 

dated October 2, 2000, as an additional 

source of service information for the 

inspection of the actuator cartridge, and 

corrective actions, if necessary. 

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 Boeing service bulletin 

described previously, except as 

discussed below. 

Differences Between Proposed Rule and 

Service Bulletin 

Operators should note that, although 

the Boeing service bulletin recommends 

accomplishing the actions ‘‘at the 

earliest time when parts and labor are 

available,’’ the FAA has determined that 

‘‘the earliest time when parts and labor 

are available’’ would not address the 

identified unsafe condition in a timely 

manner. In developing an appropriate 

compliance time for this AD, the FAA 

considered not only the manufacturer’s 

recommendation, but the degree of 

urgency associated with addressing the 

subject unsafe condition, the average 

utilization of the affected fleet, and the 

time necessary to perform the 

inspection (six hours). In light of all of 

these factors, the FAA finds a 

compliance time of within two years 

after the effective date of this AD for 

completing the required actions to be 

warranted, in that it represents an 

appropriate interval of time allowable 

for affected airplanes to continue to 

operate without compromising safety. 

Operators should also note that, 

although the Boeing service bulletin 

lists the effectivity as Model 767–200 

and –300 series airplanes, line numbers 

725 through 815 inclusive, the FAA has 

determined the applicability should be 

all Model 767–200 and –300 series 

airplanes. The increased number of 

affected airplanes is due to 

configuration control issues with the 

off-wing slide compartment door 

actuators. Since we cannot be sure the 

parts were limited to the airplanes listed 

in the service bulletin, we need to 

include all airplanes. 

Cost Impact 

There are approximately 829 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

346 airplanes of U.S. registry would be 

affected by this proposed AD, that it 

would take approximately 6 work hours 

per airplane to accomplish the proposed 

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 $134,940, or $390 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 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 

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 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5785

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–151–AD.

Applicability: All Model 767–200 and –300 

series airplanes; certificated in any category.

Compliance: Required as indicated, unless 

accomplished previously. 

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, accomplish the 

following: 

Inspection and Corrective Action 

(a) Within two years after the effective date 

of this AD, do an inspection of the actuators 

for the off-wing slide compartment door on 

the right and left sides of the airplane to 

determine the actuator cartridge serial 

number, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 767–25–

0299, dated January 18, 2001. 

(b) If any actuator cartridge having serial 

numbers 5481 through 5741 inclusive is 

found during the inspection required by 

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

perform the actions specified in paragraphs 

(b)(1) through (b)(3) of this AD in accordance 

with the Accomplishment Instructions of 

Boeing Special Attention Service Bulletin 

767–25–0299, dated January 18, 2001. 

(1) Remove the actuator for the off-wing 

slide compartment door. 

(2) Perform an inspection of the actuator 

cartridge for the presence of a clearance hole 

and corrective actions if necessary (includes 

replacing the actuator cartridge with a new 

actuator cartridge or a serviceable actuator 

cartridge from a recharge kit). 

(3) Install the actuator for the off-wing slide 

compartment door.

Note 1: Boeing Special Attention Service 

Bulletin 767–25–0299, dated January 18, 

2001, references OEA Aersospace, Inc. 

Service Bulletin 5262 (02) SB (NC), dated 

October 2, 2000, as an additional source of 

service information for performing the 

inspection of the actuator cartridge and 

corrective actions.

Parts Installation 

(c) As of the effective date of this AD, no 

person shall install an actuator for the offwing escape slide having OEA part number 

5262200 cartridge assembly with actuator 

cartridge serial numbers 5481 through 5741 

inclusive that do not have a clearance hole 

between the two firing pins, on any airplane. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, Seattle Aircraft Certification Office, 

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. 04–2478 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–83–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757 and 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 

certain Boeing Model 757 and 767 series 

airplanes. This proposal would require 

inspection to determine the serial 

number of the hydraulic pump in the 

ram air turbine (RAT), and corrective 

action, if necessary. This action is 

necessary to prevent a cracked hanger 

arm of the hydraulic pump of the RAT 

that can fracture under load and lead to 

failure of the RAT to provide hydraulic 

power to the primary flight control 

system during an emergency when both 

engines have failed. Loss of hydraulic 

power to the primary flight controls 

could result in 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–

83–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–83–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:

Kenneth Frey, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6468; 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