Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68777

otherwise. (Only the first page of the 

temporary revision contains the document 

date; no other page of that document contains 

this information.) 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 

Airbus, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France. 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 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25787 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2000–NM–171–AD; Amendment 

39–13876; AD 2004–23–21] 

RIN 2120–AA64

Airworthiness Directives; McDonnell 

Douglas Model DC–9–81 (MD–81), DC–

9–82 (MD–82), DC–9–83 (MD–83), and 

DC–9–87 (MD–87) Airplanes; and 

Model MD–88 Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain McDonnell 

Douglas Model DC–9–81 (MD–81), DC–

9–82 (MD–82), DC–9–83 (MD–83), and 

DC–9–87 (MD–87) airplanes; and Model 

MD–88 airplanes. This amendment 

requires a general visual inspection for 

chafing of the power feeder cables of the 

auxiliary power unit (APU), and repair 

if necessary. This amendment also 

requires replacement of a support 

bracket located on the left side of the 

lower cargo compartment with a new 

‘‘U’’ shaped bracket. This action is 

necessary to prevent chafing of the 

power feeder cables of the APU, which 

could result in electrical arcing to 

adjacent structure and consequent fire 

in the airplane. This action is intended 

to address the identified unsafe 

condition.

DATES: Effective January 3, 2005. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of January 3, 

2005.

ADDRESSES: The service information 

referenced in this AD 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). 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 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.

FOR FURTHER INFORMATION CONTACT:

Elvin Wheeler, Aerospace Engineer; 

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5344; 

fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain McDonnell 

Douglas Model DC–9–81 (MD–81), DC–

9–82 (MD–82), DC–9–83 (MD–83), and 

DC–9–87 (MD–87) airplanes; and Model 

MD–88 airplanes; was published in the 

Federal Register on June 18, 2003 (68 

FR 36523). That action proposed to 

require a general visual inspection for 

chafing of the power feeder cables of the 

auxiliary power unit (APU), and repair 

if necessary. That action also proposed 

to require replacement of a support 

bracket located on the left side of the 

lower cargo compartment with a new 

‘‘U’’ shaped bracket. 

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. 

Support for Proposed Rule 

One commenter supports the 

proposed rule. 

Request to Allow Alternative Method of 

Compliance (AMOC) Granted 

Previously 

The other commenter requests that an 

AMOC previously granted for AD 94–

09–02, amendment 39–8890 (59 FR 

18720, April 20, 1994), be allowed to 

satisfy the requirements of the proposed 

rule. The commenter notes that AD 94–

09–02 was previously issued to address 

a similar unsafe condition in the same 

area of the airplane, and that McDonnell 

Douglas MD–80 Service Bulletin 24–105 

was approved as an AMOC for that AD. 

The commenter states that some of its 

airplanes had doublers previously 

installed to support the seat track in the 

modification area per that AMOC. The 

bracket identified in Revision 02 of 

McDonnell Douglas Alert Service 

Bulletin MD80–24A105 (referenced in 

the proposed rule as the appropriate 

source of service information for 

accomplishing the specified actions) 

could not be used at these locations; 

therefore, the commenter retained the 

doubler-bracket in lieu of the new 

bracket specified in the service bulletin. 

The FAA does not agree to allow the 

specified AMOC granted for AD 94–09–

02 to satisfy the requirements of this 

AD. That AMOC was granted based on 

information contained in McDonnell 

Douglas MD–80 Service Bulletin 24–

105, dated August 15, 1989. However, 

since that AD was issued and that 

AMOC granted, McDonnell Douglas 

Alert Service Bulletin MD80–24A105, 

Revision 02, dated January 24, 2000, 

was released. That revision, which was 

also upgraded to alert status, 

specifically requires additional work for 

airplanes previously modified in 

accordance with previous issues of that 

service bulletin. Therefore, airplanes on 

which the described AMOC was 

approved are subject to the unsafe 

condition addressed by this AD, and 

operators must accomplish the actions 

required by this AD. No change to the 

final rule is made in this regard. 

Request To Revise the Work-Hour 

Estimate of the Cost Impact Section 

The same commenter points out that 

the proposed rule estimates 1 work hour 

to accomplish the proposed actions; 

however, McDonnell Douglas Alert 

Service Bulletin MD80–24A105, 

Revision 02, lists 3 work hours for those 

actions—a figure which the commenter 

asserts more closely reflects the time 

required for the specified tasks. 

From this comment, we infer that the 

commenter is requesting that we revise 

the work-hour estimate in the Cost 

Impact section of the proposed rule. We 

do not agree. As stated in the preamble 

68778 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

of the proposed rule, the cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. Those 

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. The workhour figure listed in the referenced 

service bulletin includes time for access 

and close up. No change is made to the 

final rule in this regard. 

Clarification of Requirements of 

Paragraph (c) of the Final Rule 

We inadvertently omitted reference to 

the specific service information for 

accomplishing the required support 

bracket replacement specified in 

paragraph (c) of the proposed rule. It 

was our intent that the required 

replacement be accomplished in 

accordance with McDonnell Douglas 

Alert Service Bulletin MD80–24A105, 

Revision 02, dated January 24, 2000. We 

have revised paragraph (c) of this final 

rule to specify that the required 

replacement be done in accordance with 

that service bulletin. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule with the change 

previously described. The FAA has 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Labor Rate Increase 

After the proposed rule was issued, 

we reviewed the figures we have used 

over the past several years to calculate 

AD costs to operators. To account for 

various inflationary costs in the airline 

industry, we find it necessary to 

increase the labor rate used in these 

calculations from $60 per work hour to 

$65 per work hour. The cost impact 

information, below, reflects this 

increase in the specified hourly labor 

rate. 

Cost Impact 

There are approximately 634 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

438 airplanes of U.S. registry will be 

affected by this AD, that it will take 

approximately 1 work hour per airplane 

to accomplish the required inspection 

and replacement of the bracket, and that 

the average labor rate is $65 per work 

hour. Required parts will cost 

approximately $147 per airplane. Based 

on these figures, the cost impact of the 

AD on U.S. operators is estimated to be 

$92,856, or $212 per airplane. 

The cost impact figure discussed 

above is 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 adding 

the following new airworthiness 

directive:

2004–23–21 McDonnell Douglas:

Amendment 39–13876. Docket 2000-

NM–171-AD.

Applicability: Model DC–9–81 (MD–81), 

DC–9–82 (MD–82), DC–9–83 (MD–83), and 

DC–9–87 (MD–87) airplanes; and Model MD–

88 airplanes; as listed in McDonnell Douglas 

Alert Service Bulletin MD80–24A105, 

Revision 02, dated January 24, 2000; 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent chafing of the power feeder 

cables of the auxiliary power unit (APU), 

which could result in electrical arcing to 

adjacent structure and consequent fire in the 

airplane; accomplish the following: 

No Reporting Requirement 

(a) Although the alert service bulletin 

referenced in this AD specifies to submit 

information to the manufacturer, this AD 

does not include such a requirement. 

Inspection for Chafing 

(b) Within 1 year after the effective date of 

this AD, perform a general visual inspection 

for chafing of the power feeder cables of the 

auxiliary power unit, in accordance with 

McDonnell Douglas Alert Service Bulletin 

MD80–24A105, Revision 02, dated January 

24, 2000. 

(1) If no chafing is detected, no further 

action is required by this paragraph. 

(2) If any chafing is detected, before further 

flight, repair the cable(s) per the alert service 

bulletin.

Note 1: For the purposes of this AD, a 

general visual inspection is defined as: ‘‘A 

visual examination of an interior or exterior 

area, installation, or assembly to detect 

obvious damage, failure, or irregularity. This 

level of inspection is made from within 

touching distance unless otherwise specified. 

A mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight, or droplight and may require 

removal or opening of access panels or doors. 

Stands, ladders, or platforms may be required 

to gain proximity to the area being checked.’’

Replacement of a Support Bracket 

(c) Within 1 year after the effective date of 

this AD, replace the support bracket for the 

power feeder cable located on the left side of 

the lower cargo compartment between 

fuselage stations Y=218.000 and Y=237.000 

with a new ‘‘U’’ shaped bracket, in 

accordance with McDonnell Douglas Alert 

Service Bulletin MD80–24A105, Revision 02, 

dated January 24, 2000. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, Los Angeles Aircraft Certification 

Office (ACO), FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68779

Incorporation by Reference 

(e) The actions shall be done in accordance 

with McDonnell Douglas Alert Service 

Bulletin MD80–24A105, Revision 02, 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 

(f) This amendment becomes effective on 

January 3, 2005.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25786 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18593; Directorate 

Identifier 2004–NM–21–AD; Amendment 39–

13875; AD 2004–23–20] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A300 B2, A300 B4, A300 B4–600, and 

A300 B4–600R Series Airplanes; and 

Model A300 C4–605R Variant F and 

A300 F4–605R Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to all Airbus Model A300 

B4–601, A300 B4–603, A300 B4–620, 

A300 B4–605R, A300 B4–622R, and 

A300 F4–605R airplanes. That AD 

currently requires repetitive inspections 

for cracking in the area surrounding 

certain fuselage attachment holes, 

installation of new fasteners for certain 

airplanes, and certain follow-on 

corrective actions if necessary. This new 

AD requires modifying certain fuselage 

frames, which would terminate certain 

repetitive inspections. This AD also 

adds airplanes to the applicability. This 

AD is prompted by the development of 

a modification intended to prevent 

cracking of the center section of the 

fuselage, which could result in a 

ruptured frame foot and reduced 

structural integrity of the airplane.

DATES: This AD becomes effective 

January 3, 2005. 

The incorporation by reference of 

Airbus Service Bulletin A300–53–0271, 

Revision 03, dated June 13, 2003; and 

Airbus Service Bulletin A300–53–6125, 

Revision 01, dated June 13, 2003; as 

listed in the AD, is approved by the 

Director of the Federal Register as of 

January 3, 2005. 

On May 7, 2001 (66 FR 17490, April 

2, 2001), the Director of the Federal 

Register approved the incorporation by 

reference of Airbus Service Bulletin 

A300–53–6122, dated February 9, 2000.

ADDRESSES: For service information 

identified in this AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 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 in person 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: Dan Rodina, 

Aerospace Engineer, International 

Branch, ANM–116, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056; 

telephone (425) 227–2125; fax (425) 

227–1149. 

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 part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with an AD to supersede AD 

2001–06–10, amendment 39–12157 (66 

FR 17490, April 2, 2001). The existing 

AD applies to all Airbus Model A300 

B4–601, A300 B4–603, A300 B4–620, 

A300 B4–605R, A300 B4–622R, and 

A300 F4–605R airplanes. The proposed 

AD, published in the Federal Register

on July 16, 2004 (69 FR 42612), would 

require modifying certain fuselage 

frames, which would terminate certain 

repetitive inspections, and add 

airplanes to the applicability. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Request To Clarify Grace Period 

One commenter requests that we 

clarify the grace period specified in 

paragraph (i) of the proposed AD, 

specifically regarding the following 

sentence:

For airplanes that have exceeded the 

specified threshold, this AD requires 

compliance within the earlier of the 

flight-cycle and flight-hour grace 

periods specified in the service bulletin.

The commenter states that this 

language could be confusing. In Note 

(01), paragraph 1.E.(2)(b) 

(‘‘COMPLIANCE’’), of Airbus Service 

Bulletins A300–53–0271 and A300–53–

6125, the grace period is described in 

terms of flight hours and flight cycles 

only for airplanes that have exceeded 

their ‘‘design service goal’’ (DSG). For 

airplanes that have exceeded the 

‘‘threshold’’ but not their DSG, the 

service bulletins (in Note (02)) describe 

the grace period as the earlier of 

accomplishment of two service bulletins 

required by related AD 96–13–11, 

amendment 39–9679 (61 FR 35122, July 

5, 1996).

We partially agree. For airplanes 

above their DSG, NOTE (01) specifies 

the imprecise grace period ‘‘3,300FC/

3700FH for B2, 2900FC/3900FH for B4–

100 and 2,200FC/4500FH for B4–200.’’

We added the sentence quoted by the 

commenter only to specify that the grace 

period must be determined by the 

earlier of the flight-hour and flight-cycle 

values. While ‘‘design service goal’’

might have been more precise than 

‘‘threshold’’ in this context, we referred 

to these two terms collectively as ‘‘the 

specified threshold’’ to clarify the 

compliance-time conditions of the 

service bulletins. We have revised