Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65533

Incorporation by Reference 

(d) The actions shall be done in accordance 

with McDonnell Douglas Alert Service 

Bulletin MD80–24A159, Revision 01, dated 

January 24, 2000. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Boeing Commercial Airplanes, 

Long Beach Division, 3855 Lakewood 

Boulevard, Long Beach, California 90846, 

Attention: Data and Service Management, 

Dept. C1–L5A (D800–0024). Copies may be 

inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal_register/code_of_

federal_regulations/ibr_locations.html.

Effective Date 

(e) This amendment becomes effective on 

December 20, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24932 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–324–AD; Amendment 

39–13862; AD 2004–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –300, –400, and 

–500 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain Boeing Model 737 

series airplanes, that currently requires 

modification of certain fuselage support 

structure for the number 2 galley. This 

amendment requires modification of the 

same support structure using new 

methods based on new calculations. 

This amendment also expands the 

applicability of the existing AD to 

include additional airplanes. The 

actions specified by this AD are 

intended to prevent the galley from 

shifting, which could limit access to the 

galley door during emergencies, and 

result in injury to passengers and 

flightcrew. This action is intended to 

address the identified unsafe condition.

DATES: Effective December 20, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

20, 2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 

98124–2207. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call (202) 741–

6030, or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Keith Ladderud, Aerospace Engineer, 

ANM–150S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6435; fax (425) 

917–6590.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 95–02–08, 

amendment 39–9127 (60 FR 8295, 

February 14, 1995), which is applicable 

to certain Boeing Model 737 series 

airplanes, was published in the Federal 

Register on May 7, 2004 (69 FR 25505). 

The action proposed to require 

modification of certain fuselage support 

structure for the number 2 galley. The 

action also proposed to expand the 

applicability of the existing AD to 

include additional airplanes. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Requests To Add an Option To Reduce 

the Weight Limit of the Galley as an 

Alternative to the Modification 

One commenter states that the 

wording in the proposed AD and the 

referenced service bulletin is such that, 

if the allowable operating weight limit 

of a given airplane’s galley is above a 

certain threshold value, the proposed 

modification would be required. The 

commenter suggests that the proposed 

AD specify that if a galley has a weight 

limit above the threshold value, the 

operator be given the option of reducing 

the weight limit to the threshold value 

and re-placarding the galley with the 

new limit, instead of modifying the 

airplane. 

Another commenter proposes an 

option be included for operators to 

reduce the total weight limit of the 

galley, as opposed to doing the 

structural modification. The commenter 

adds that, for all airplanes other than 

Group 1, the proposed AD forces the 

operator to use Table A in the 

referenced service bulletin to determine 

the structural configuration of the 

airplane. Based on that configuration, 

and the allowable galley weight limit, 

the operator will do the applicable 

corrective action. The commenter 

proposes that the FAA specify a weight 

limit for all airplane groups which is 

similar to the Group 1 airplanes listed 

in the proposed AD. The commenter 

notes that, by doing this, the operator 

will have the option of either doing the 

modification and maintaining the 

current galley weight limit, or reducing 

the galley weight limit and avoiding the 

expensive modification. 

We agree. We have added a new 

paragraph (d) to this AD that allows 

reducing the galley weight limit to 995 

pounds or less as an alternative to doing 

the required modification. The 

reduction in the galley weight limit will 

require re-placarding to specify the 

maximum capacity limit of 995 pounds 

for the galley. If necessary, re-placarding 

is required to specify the load limit for 

individual compartments, to ensure that 

the total of the individual compartment 

weights does not exceed the maximum 

capacity for the galley. 

Request To Change Applicability 

One commenter states that the 

applicability section in the proposed AD 

specifies ‘‘as listed in Boeing Special 

Attention Service Bulletin 737–53–

1154, Revision 1, dated October 3, 

2002,’’ and paragraph (b) of the 

proposed AD requires doing the 

proposed modification within 18 

months, per the referenced service 

bulletin. The commenter adds that the 

first step specified in the service 

bulletin is to determine the maximum 

operating weight of the number 2 galley; 

the proposed modification is only 

necessary on airplanes with that galley, 

and that have an allowable operating 

weight of more than 995 pounds. The 

commenter suggests adding further 

description to the applicability section 

of the proposed AD to avoid 

unnecessary research and inspection. 

The commenter also adds that the 

applicability specified in AD 95–02–08 

includes a description of the galley 

65534 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 

weight requirements which is similar to 

the requirements in this proposed AD. 

We agree that the applicability section 

in this AD could be further clarified. We 

have changed that section to specify that 

the proposed AD is applicable to 

airplanes equipped with intercostal 

support structures at stringer 5R and 

having a number 2 galley weight that 

exceeds 995 pounds (including any 

attached equipment that imposes loads 

on the galley). 

Request for Changes to Paragraph (c) 

One commenter states that it would 

be helpful if the airplanes referenced in 

paragraph (c) of the proposed AD are 

identified. The commenter adds that 

there will be airplanes that are different 

from the specified configuration and 

those airplanes can be addressed in the 

alternative methods of compliance 

process. 

We do not agree. We have determined 

that the service bulletin clearly 

identifies the specific group associated 

with each airplane in this AD. 

Identifying each airplane that has been 

modified, as noted in paragraph (c)(2) of 

this AD, would not relieve any burden 

on operators because we would still rely 

on operators to determine if the airplane 

was modified per the original issue of 

the referenced service bulletin. No 

change to the AD is made in this regard. 

The same commenter asks that 

paragraph (c) be changed from ‘‘* * * 

do the modification in paragraph (b) of 

this AD * * *’’ to ‘‘* * * modify the 

upper attachment support structure of 

galley 2 from body station 344 to 360 

(inclusive) between right stringers 3 and 

7.’’ The commenter states that this 

change would prevent confusion. 

We agree; we have changed paragraph 

(c) of this AD, as specified above, for 

clarification.

Conclusion 

After careful review of the available 

data, including the comments noted 

above, we have determined that air 

safety and the public interest require the 

adoption of the rule with the changes 

previously described. These changes 

will neither increase the economic 

burden on any operator nor increase the 

scope of the AD. 

Cost Impact 

There are approximately 583 

airplanes of the affected design in the 

worldwide fleet. We estimate that 170 

airplanes of U.S. registry will be affected 

by this AD. 

The new actions that are required by 

this AD will take between 8 and 22 

work hours per airplane to accomplish, 

depending on the airplane’s 

configuration. The average labor rate is 

$65 per work hour. Required parts will 

cost between $5,200 and $23,790 per 

airplane, depending on the airplane’s 

configuration. Based on these figures, 

the cost impact of the requirements of 

this AD on U.S. operators is estimated 

to be between $5,720 and $25,220 per 

airplane. 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the 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, Incorporation by reference, 

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 

removing amendment 39–9127 (60 FR 

8295, February 14, 1995), and by adding 

a new airworthiness directive (AD), 

amendment 39–13862, to read as 

follows:

2004–23–07 Boeing: Amendment 39–13862. 

Docket 2002-NM–324-AD. Supersedes 

AD 95–02–08, Amendment 39–9127.

Applicability: Model 737–100, –200, –300, 

–400, and –500 series airplanes; certificated 

in any category; equipped with intercostal 

support structures at stringer 5R and having 

a number 2 galley weight of 996 pounds or 

more (including any attached equipment that 

imposes loads on the galley). 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the galley from shifting, which 

could limit access to the galley door during 

emergencies, and result in injury to 

passengers and flightcrew, accomplish the 

following: 

Service Bulletin Reference 

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

this AD, means the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–53–1154, Revision 1, 

dated October 3, 2002. 

Modification 

(b) Except as provided by paragraph (c) or 

(d) of this AD, as applicable: Within 18 

months after the effective date of this AD, 

modify the upper attachment support 

structure of galley 2 from body station 344 to 

360 inclusive, between right stringers 3 and 

7, in accordance with the service bulletin. 

(c) For airplanes listed in paragraphs (c)(1) 

through (c)(3) of this AD: Within 18 months 

after the effective date of this AD, modify the 

upper attachment support structure of galley 

2 from body station 344 to 360 inclusive, 

between right stringers 3 and 7. Do the 

modification in accordance with a method 

approved by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA; or in 

accordance with data meeting the type 

certification basis of the airplane approved 

by a Boeing Company Designated 

Engineering Representative (DER) who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. For a 

modification method to be approved, the 

approval must specifically reference this AD. 

(1) Airplanes listed as Group 1 in the 

service bulletin, on which the galley has an 

allowable operating weight of 996 pounds or 

more. 

(2) Airplanes listed as Group 2 in the 

service bulletin, on which the modifications 

specified in the initial release of the service 

bulletin have been incorporated. 

(3) Airplanes listed as Groups 3 through 9 

in the service bulletin for which the service 

bulletin specifies to contact Boeing. 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65535

Alternative to Accomplishing Modification 

(d) Instead of accomplishing the 

modification required by paragraph (b) or (c) 

of this AD, as applicable: Within 18 months 

after the effective date of this AD, do the 

actions specified in paragraphs (d)(1), (d)(2), 

and (d)(3) of this AD, in accordance with a 

method approved by the Manager, Seattle 

ACO; or in accordance with data meeting the 

type certification basis of the airplane 

approved by a Boeing Company DER who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. 

(1) Reduce the total weight limit of the 

galley to a maximum capacity of 995 pounds 

or less. 

(2) Re-placard to specify the maximum 

capacity limit for the galley. 

(3) Re-placard to specify the load limit for 

individual compartments, as necessary, to 

ensure that the total of the individual 

compartment weights does not exceed the 

maximum capacity for the galley. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, is authorized to 

approve alternative methods of compliance 

(AMOCs) for this AD. 

Incorporation by Reference 

(f) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Special Attention Service Bulletin 

737–53–1154, Revision 1, dated October 3, 

2002. This incorporation by reference was 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. Copies may be obtained 

from Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207. 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Effective Date 

(g) This amendment becomes effective on 

December 20, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24931 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–346–AD; Amendment 

39–13864; AD 2004–23–09] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–135 and –145 series airplanes, that 

currently requires determining whether 

a defective auxiliary power unit (APU) 

exhaust silencer is installed on the 

airplane; and corrective actions if 

necessary. For certain airplanes, this 

amendment requires modification of the 

APU exhaust silencer, and 

reidentification of the part number for 

the APU exhaust silencer once the 

modification is accomplished. For 

certain other airplanes, this amendment 

requires repetitive inspections to 

determine the structural integrity of the 

APU exhaust silencer; corrective 

actions, if necessary; eventual 

modification of the APU exhaust 

silencer, which terminates the repetitive 

inspections; and reidentification of the 

part number for the APU exhaust 

silencer once the modification is 

accomplished. This amendment also 

adds airplanes to the applicability of the 

existing AD. The actions specified by 

this AD are intended to prevent 

separation of the aft baffle assembly 

from the APU exhaust silencer and 

consequent separation of the assembly 

from the airplane, which could cause 

damage to other airplanes during takeoff 

and landing operations, or injury to 

people on the ground. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective December 20, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

20, 2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), P.O. Box 343—CEP 

12.225, Sao Jose dos Campos—SP, 

Brazil. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call (202) 741–

6030, or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 2002–16–06, 

amendment 39–12845 (67 FR 52398, 

August 12, 2002), which is applicable to 

certain EMBRAER Model EMB–135 and 

–145 series airplanes, was published in 

the Federal Register on April 6, 2004 

(69 FR 17993). For certain airplanes, the 

action proposed to require modification 

of the APU exhaust silencer, and 

reidentification of the part number for 

the APU exhaust silencer once the 

modification is accomplished. For 

certain other airplanes, the action 

proposed to require repetitive 

inspections to determine the structural 

integrity of the APU exhaust silencer; 

corrective actions, if necessary; eventual 

modification of the APU exhaust 

silencer, which terminates the repetitive 

inspections; and reidentification of the 

part number for the APU exhaust 

silencer once the modification is 

accomplished. That action also 

proposed to add airplanes to the 

applicability of the existing AD. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Request To Accomplish Terminating 

Action Without First Doing the 

Inspections 

The commenter, an operator, requests 

that the proposed AD be revised to 

allow operators to ‘‘bypass’’ the 

inspections in Part I of the 

Accomplishment Instructions of 

EMBRAER Service Bulletin 145–49–

0021, Change 03, dated September 12, 

2003, and do just the modification in 

Part II of the Accomplishment 

Instructions of that service bulletin. The 

modification is the terminating action