68268 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19682; Directorate 

Identifier 2004–NM–88–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 737–600, –700, 

–700C, and –800 series airplanes. This 

proposed AD would require inspecting/

measuring the length of the attachment 

fasteners between the nacelle support 

fittings and the lower wing skin panels, 

and related investigative/corrective 

actions if necessary. This proposed AD 

is prompted by a report from the 

manufacturer that in production, during 

the installation of certain attachment 

fasteners for the nacelle support fittings, 

only one washer was installed instead of 

two. We are proposing this AD to 

prevent inadequate fastener clamp-up, 

which could result in cracking of the 

fastener holes, cracking along the lower 

wing skin panels, fuel leaking from the 

wing fuel tanks onto the engines, and 

possible fire.

DATES: We must receive comments on 

this proposed AD by January 10, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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:

Robert Hardwick, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6457; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19682; Directorate Identifier 

2004–NM–88–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you may visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You may examine the AD docket 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. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

We have received a report indicating 

that, during the production of certain 

Boeing Model 737–600, –700, –700C, 

and –800 series airplanes, it was 

discovered that certain attachment 

fasteners that attach the nacelle support 

fittings to the lower wing skin panels 

were improperly installed. The affected 

fasteners were installed during 

production with only one washer 

instead of two, which could cause the 

nut to tighten against the thread runout 

on the fastener shank rather than 

clamping the joint. This condition can 

be identified by checking the thread 

protrusion between the top of the nut 

and the end of the fastener to determine 

if the thread protrusion is outside of the 

limits specified by the manufacturer. 

Discrepant thread protrusion could 

indicate inadequate clamp-up between 

the nacelle support fittings and the 

lower wing skin panels. Adequate 

clamp-up compresses the components 

together, which assists in preventing 

cracking. Inadequate clamp-up, if not 

corrected, could result in cracking of the 

fastener holes, cracking along the lower 

wing skin panels, fuel leaking from the 

wing fuel tanks onto the engines, and 

possible fire. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 737–57–1275, dated September 

4, 2003. The service bulletin describes 

procedures for inspecting/measuring the 

thread protrusion of certain attachment 

fasteners between the lower wing skin 

panels and the nacelle support fittings, 

marking fasteners with measurements 

outside of the specified thread 

protrusion limits, and related 

investigative and corrective actions. For 

fasteners with measurements outside of 

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 68269

the specified limits, the related 

investigative actions include reaming 

the affected fastener holes and doing a 

high frequency eddy current inspection 

of the complete fastener hole stack-up 

for cracking. If no cracking is found, the 

corrective actions include reaming the 

holes to the next nominal diameter and 

installing new fasteners. If cracking is 

found, the service bulletin specifies 

contacting Boeing for repair 

information. For repaired areas, the 

service bulletin also specifies doing fuel 

leak inspections. Accomplishing the 

actions specified in the service bulletin 

will adequately address the unsafe 

condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

inspecting/measuring the length of the 

attachment fasteners between the 

nacelle support fittings and the lower 

wing skin panels, and related 

investigative/corrective actions if 

necessary. The proposed AD would 

require you to use the service 

information described previously to 

perform these actions, except as 

discussed under ‘‘Differences Between 

the Proposed AD and Service 

Information.’’

Differences Between the Proposed AD 

and Service Information 

The service bulletin states that the 

inspection/measurement should be 

done within 30,000 flight cycles or 

30,000 flight hours from airplane 

delivery, whichever is first. For 

airplanes not modified by Supplemental 

Type Certificate (STC) ST00830SE, this 

proposed AD specifies doing the 

inspection/measurement prior to the 

accumulation of 30,000 total flight 

cycles or 30,000 total flight hours, 

whichever is first. For airplanes 

modified by that STC, the proposed AD 

specifies doing the inspection/

measurement prior to the accumulation 

of 25,000 total flight cycles or 25,000 

total flight hours, whichever is first. The 

STC is an airplane modification that 

installs winglets. We have determined 

that airplanes with winglets have 

increased wing loads, which could 

result in cracking at a lower threshold 

than airplanes without winglets.

The service bulletin also specifies that 

you may contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions in 

one of the following ways: 

• Using a method that we approve; or 

• Using data that meet the type 

certification basis of the airplane, and 

that have been approved by a Boeing 

Company Designated Engineering 

Representative who has been authorized 

by the FAA to make such findings. 

Costs of Compliance 

This proposed AD would affect about 

751 airplanes worldwide. The following 

table provides the estimated costs for 

U.S. operators to comply with this 

proposed AD.

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost perairplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection/Measurement ....................... 12 $65 Nominal ............ $780 302 $235,560 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. 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 proposed 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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):

Boeing: Docket No. FAA–2004–19682; 

Directorate Identifier 2004–NM–88–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 10, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

600, –700, –700C, and –800 series airplanes; 

line numbers 1 through 761 inclusive, except 

for line numbers 596, 683, 742, 749, 750, 751, 

754, 755, 759, and 760; certificated in any 

category; 

Unsafe Condition 

(d) This AD was prompted by a report from 

the manufacturer that in production, during 

installation of certain attachment fasteners 

for the nacelle support fittings, only one 

washer was installed instead of two. We are 

issuing this AD to prevent inadequate 

fastener clamp-up, which could result in 

cracking of the fastener holes, cracking along 

the lower wing skin panels, fuel leaking from 

the wing fuel tanks onto the engines, and 

possible fire. 

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/Measurement and Related 

Investigative and Corrective Actions 

(f) At the applicable time specified in 

paragraph (f)(1) or (f)(2) of this AD: Inspect/

measure the length of certain attachment 

fasteners between the lower wing skin panels 

and the nacelle support fittings. Do the 

inspection/measurement, and all applicable 

68270 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737–

57–1275, dated September 4, 2003, except as 

provided by paragraph (g) of this AD. 

(1) For airplanes modified by 

Supplemental Type Certificate (STC) 

ST00830SE as of the effective date of this AD: 

Prior to the accumulation of 25,000 total 

flight hours or 25,000 total flight cycles, 

whichever is first. 

(2) For airplanes not modified by STC 

ST00830SE as of the effective date of this AD: 

Prior to the accumulation of 30,000 total 

flight hours or 30,000 total flight cycles, 

whichever is first. 

(g) If accomplishing a corrective action as 

required by paragraph (f) of this AD, and the 

service bulletin specifies to contact Boeing 

for repair information: Before further flight, 

do the repair 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 repair 

method to be approved, the approval must 

specifically reference this AD. 

Alternative Methods of Compliance 

(AMOCs) 

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

the authority to approve AMOCs for this AD, 

if requested using 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 such findings. For a repair method to 

be approved, the approval must specifically 

refer to this AD.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26031 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19676; Directorate 

Identifier 2004–NM–138–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain EMBRAER Model EMB–135 and 

–145 series airplanes. This proposed AD 

would require determining the torque 

values of the screws that attach the seat 

tracks to the airplane, and corrective 

action if necessary. This proposed AD is 

prompted by a report of undertorqued 

screws. We are proposing this AD to 

prevent improper torque of those 

screws, which in the case of a hard 

landing or a high deceleration impact 

condition could result in damage to the 

seat and possible subsequent injury to 

the passenger.

DATES: We must receive comments on 

this proposed AD by December 27, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 

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: 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. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19676; Directorate Identifier 

2004–NM–138–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

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