65522 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 

Repetitive Inspections 

(g) For Groups 1, 2, and 3 airplanes 

identified in Boeing Special Attention 

Service Bulletin 737–53–1256, dated 

September 18, 2003: At the applicable times 

specified in Table 2 of paragraph 1.E., 

‘‘Compliance,’’ of the service bulletin, do the 

repetitive supplemental inspections of the 

lower skins and external doublers for 

discrepancies in accordance with the 

Accomplishment Instructions of the service 

bulletin. 

Corrective Action 

(h) If any discrepancy is found during any 

action required by this AD, 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 (DER) 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 

(AMOCs) 

(i)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested in accordance with the 

procedures found in 14 CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company DER who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the approval must specifically 

refer to this AD. 

Material Incorporated by Reference 

(j) You must use Boeing Special Attention 

Service Bulletin 737–53–1256, dated 

September 18, 2003, to perform the actions 

that are required by this AD, unless the AD 

specifies otherwise. The Director of the 

Federal Register approves the incorporation 

by reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. For 

copies of the service information, contact 

Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207. For 

information on the availability of this 

material at the National Archives and 

Records Administration (NARA), call (202) 

741–6030, or go to http://www.archives.gov/

federal_ register/

code_of_federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW, room PL–401, Nassif 

Building, Washington, DC.

Issued in Renton, Washington, on 

November 1, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24936 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18994; Directorate 

Identifier 2003–NM–210–AD; Amendment 

39–13866; AD 2004–23–11] 

RIN 2120–AA64

Airworthiness Directives; McDonnell 

Douglas Model DC–9–14 and DC–9–15 

Airplanes; and Model DC–9–20, DC–9–

30, DC–9–40, and DC–9–50 Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model DC–9–14 

and DC–9–15 airplanes; and Model DC–

9–20, DC–9–30, DC–9–40, and DC–9–50 

series airplanes. This AD requires 

repetitive high frequency eddy current 

inspections to detect cracks in the 

vertical radius of the upper cap of the 

center wing rear spar, and repair if 

necessary. This AD is prompted by 

reports of cracks in the upper cap of the 

center wing rear spar that resulted from 

stress corrosion. We are issuing this AD 

to detect and correct cracking of the left 

or right upper cap of the center rear 

spar, which would cause a possible fuel 

leak and structural failure of the upper 

cap, and result in reduced structural 

integrity of the airplane.

DATES: This AD becomes effective 

December 20, 2004. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of December 20, 2004.

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). You can examine this 

information 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.

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: Wahib Mina, 

Aerospace Engineer, Airframe Branch, 

ANM–120L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5324; 

fax (562) 627–5210. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

Examining the Docket 

The AD docket contains the proposed 

AD, comments, and any final 

disposition. 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.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain McDonnell Douglas 

Model DC–9–14 and DC–9–15 airplanes; 

and Model DC–9–20, DC–9–30, DC–9–

40, and DC–9–50 series airplanes. That 

action, published in the Federal 

Register on September 3, 2004 (69 FR 

53853), proposed to require repetitive 

high frequency eddy current inspections 

to detect cracks in the vertical radius of 

the upper cap of the center wing rear 

spar, and repair if necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been submitted on the proposed 

AD or on the determination of the cost 

to the public. 

Explanation of Change Made to the 

Final Rule 

We have updated the manufacturer 

name from McDonnell Douglas to 

Boeing for Service Bulletin DC9–57–

223, dated July 21, 2003, which is 

referenced in this AD as the appropriate 

source of service information for the 

required actions. This change is 

necessary to adhere to the Office of the 

Federal Register’s guidelines for 

materials incorporated by reference. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD with the change 

described previously. We have 

determined that this change will neither 

increase the economic burden on any 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65523

operator nor increase the scope of the 

AD. 

Costs of Compliance 

This AD affects about 396 airplanes of 

U.S. registry and 963 airplanes 

worldwide. The required inspection 

will take about 3 work hours per 

airplane, per inspection cycle, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the AD for U.S operators is 

$77,220, or $195 per airplane, per 

inspection cycle.

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that this AD: 

(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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this 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, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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):

2004–23–11 McDonnell Douglas:

Amendment 39–13866. Docket No. 

FAA–2004–18994; Directorate Identifier 

2003–NM–210–AD. 

Effective Date 

(A) This AD becomes effective December 

20, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to certain McDonnell 

Douglas Model DC–9–14, DC–9–15, DC–9–

21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), 

DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, 

DC–9–32F (C–9A, C–9B), DC–9–41, and DC–

9–51 airplanes, certificated in any category; 

as listed in Boeing Service Bulletin DC9–57–

223, dated July 21, 2003. 

Unsafe Condition 

(d) This AD was prompted by reports of 

cracks in the upper cap of the center wing 

rear spar that resulted from stress corrosion. 

We are issuing this AD to detect and correct 

cracking of the left or right upper cap of the 

center rear spar, which could cause a 

possible fuel leak and structural failure of the 

upper cap, and result in reduced structural 

integrity of the airplane. 

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. 

Inspection 

(f) At the later of the times specified in 

paragraph (f)(1) or (f)(2) of this AD: Do a high 

frequency eddy current inspection to detect 

cracks in the vertical radius of the upper cap 

of the center wing rear spar, in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin DC9–57–223, dated 

July 21, 2003. 

(1) Before the accumulation of 25,000 total 

flight cycles. 

(2) Within 15,000 flight cycles or 5 years 

after the effective date of this AD, whichever 

occurs first. 

Corrective Action 

(g)(1) If no crack is found, then repeat the 

inspection thereafter at intervals not to 

exceed 15,000 flight cycles or 5 years, 

whichever occurs first. 

(2) If any crack is found, before further 

flight, repair per a method approved by the 

Manager, Los Angeles Aircraft Certification 

Office (ACO), FAA. For a repair method to 

be approved by the Manager, Los Angeles 

ACO, as required by this paragraph, the 

Manager’s approval letter must specifically 

refer to this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Los Angeles ACO, FAA, 

has the authority to approve AMOCs for this 

AD, if requested in accordance with the 

procedures found in 14 CFR 39.19. 

Material Incorporated by Reference 

(i) You must use Boeing Service Bulletin 

DC9–57–223, dated July 21, 2003, to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approves the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. For copies of the service information, 

contact Boeing Commercial Airplanes, Long 

Beach Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, Attention: 

Data and Service Management, Dept. CI–L5A 

(D800–0024). For information on the 

availability of this material at the National 

Archives and Records Administration 

(NARA), call (202) 741–6030, or go to

http://www.archives.gov/federal_register/

code_of_ federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., room PL–401, Nassif 

Building, Washington, DC.

Issued in Renton, Washington, on 

November 1, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24934 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–153–AD; Amendment 

39–13859; AD 2004–23–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319 and A320 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Airbus Model 

A319 and A320 series airplanes, that 

requires a modification and replacement 

affecting all fuel tanks. All affected 

airplanes require the installation of 

fuses in the wiring of the fuel quantity 

indicating probes of all fuel tanks. Some 

affected airplanes also require 

replacement of the high-level sensors of 

the additional center tanks (ACTs) with 

new sensors. For all affected airplanes, 

these actions are necessary to prevent 

overheating of the fuel probes due to a 

short circuit. For some affected 

airplanes, these actions are necessary to 

prevent fuel leakage due to inadequate 

space for thermal expansion within the 

ACTs. Such conditions could result in 

fuel vapors or fuel contacting an 

ignition source and/or consequent fire/

explosion in the center fuel tanks. These 

actions are intended to address the 

identified unsafe condition.

DATES: Effective December 20, 2004. 

The incorporation by reference of 

certain publications listed in the