Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 5939

Issued in Renton, Washington, on February 

3, 2004. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2679 Filed 2–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2001–NM–182–AD] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 757–200 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 

certain Boeing Model 757–200 and –300 

series airplanes. This proposal would 

require inspection of the guide arm 

assembly on passenger door number 1 

for a part mark to determine whether the 

guide arm assembly contains an adjuster 

rod which was incorrectly 

manufactured and replacement of any 

such adjuster rod. This action is 

necessary to prevent failure of the 

adjuster rod in the passenger door guide 

arm assembly, which could prevent the 

door from opening or closing during 

normal or emergency operations, 

resulting in inability to evacuate the 

crew and passengers in an emergency. 

This action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

March 25, 2004.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2001–NM–

182–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. 2001–NM–182–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. 

This information may be examined at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

David Crotty, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6422; 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 

Docket Number 2001–NM–182–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. 

2001–NM–182–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

The FAA has received reports that 

certain adjuster rods in passenger door 

guide arm assemblies of the number 1 

left passenger doors on certain Boeing 

Model 757–200 and 757–300 series 

airplanes were improperly 

manufactured, resulting in adjuster rods 

which are not as strong as correctly 

manufactured adjuster rods. This 

condition, if not corrected, could result 

in failure of the adjuster rod in the 

passenger door guide arm assembly, 

which could prevent the door from 

opening or closing during normal or 

emergency operations, resulting in 

inability to evacuate the crew and 

passengers in an emergency. 

Explanation of Relevant Service 

Information 

The FAA has reviewed and approved 

Boeing Special Attention Service 

Bulletin 757–52–0077, dated February 

15, 2001, (for Boeing Model 757–200 

series airplanes) and Boeing Special 

Attention Service Bulletin 757–52–

0078, dated February 15, 2001 (for 

Boeing Model 757–300 series airplanes). 

The service bulletins describe 

procedures for inspecting the guide arm 

assembly of the passenger door for a 

part mark and replacing the improperly 

manufactured adjuster rods in the guide 

arm assembly with new adjustor rods. 

The service bulletins also describe 

procedures for testing the hardness of an 

adjuster rod when there is no part mark 

on the guide arm assembly. 

Accomplishment of the actions 

specified in the service bulletins is 

intended to adequately address the 

identified unsafe condition. 

Explanation of Requirements of 

Proposed Rule 

Since an unsafe condition has been 

identified that is likely to exist or 

develop on other products of these same 

type designs, the proposed AD would 

require accomplishment of the actions 

specified in the service bulletins 

described previously. 

Cost Impact 

There are approximately 9 airplanes 

of the affected design in the worldwide 

fleet. The FAA estimates that 9 

airplanes of U.S. registry would be 

affected by this proposed AD, that it 

would take approximately 1 work hour 

5940 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 

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 inspection on U.S. operators is 

estimated to be $585, or $65 per 

airplane. 

The FAA estimates that it would take 

approximately 2 work hours per 

airplane to accomplish the proposed 

replacement. Required parts would cost 

approximately $478 per airplane. Based 

on that figure, the cost impact of the 

proposed replacement on U.S. operators 

is estimated to be a maximum of $5,472, 

or $608 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. 

The manufacturer would cover the 

cost of replacement parts and of labor 

associated with this proposed AD, 

subject to warranty conditions. As a 

result, the costs attributable to the 

proposed AD may be less than stated 

above. 

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 2001–NM–182–AD.

Applicability: Model 757–200 series 

airplanes, as listed in Boeing Special 

Attention Service Bulletin 757–52–0077, 

dated February 15, 2001, and Model 757–300 

series airplanes, as listed in Boeing Special 

Attention Service Bulletin 757–52–0078, 

dated February 15, 2001; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the adjuster rod in the 

passenger door guide arm assembly, which 

could prevent the door from opening or 

closing during normal or emergency 

operations, resulting in inability to evacuate 

the crew and passengers in an emergency, 

accomplish the following: 

Service Bulletin References 

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

this AD, means the Accomplishment 

Instructions of the following service 

bulletins, as applicable: 

(1) For Model 757–200 airplanes: Boeing 

Special Attention Service Bulletin 757–52–

0077, dated February 15, 2001; and 

(2) For Model 757–300 airplanes: Boeing 

Special Attention Service Bulletin 757–52–

0078, dated February 15, 2001. 

Inspection of Part Mark 

(b) Within 18 months of the effective date 

of this AD: Inspect the part mark on the guide 

arm assembly of the number 1 left passenger 

door, in accordance with the applicable 

service bulletin. 

Follow-on Actions 

(c) If the inspection of the part mark 

required by paragraph (b) of this AD reveals 

the name of a supplier, prior to further flight, 

accomplish the action specified in paragraph 

(c)(1) or (c)(2) of this AD, as applicable. 

(1) If the part mark of supplier CDSL is 

found on the guide arm assembly, then 

replace the adjuster rod of the guide arm 

assembly per Figure 2 of the applicable 

service bulletin. 

(2) If the part mark of a supplier other than 

CDSL is found on the guide arm assembly, 

then the adjuster rod is satisfactory, and no 

further action is required by this paragraph. 

(d) If no part mark is found during the 

inspection required by paragraph (b) of this 

AD, prior to further flight accomplish the 

action specified in either paragraph (d)(1) or 

(d)(2) of this AD. 

(1) Replace the adjuster rod of the guide 

arm assembly per Figure 2 of the applicable 

service bulletin. 

(2) Test the hardness of the adjuster rod of 

the guide arm assembly per Figure 3 of the 

applicable service bulletin. 

(i) If the hardness of the adjuster rod is less 

than 44 HRC (Rockwell C Hardness scale), 

then install a new adjuster rod per Figure 2 

of the applicable service bulletin. 

(ii) If the hardness of the adjuster rod is 

greater than 44 HRC, then the adjuster rod is 

satisfactory, and no further action is required 

by this paragraph. 

Parts Installation 

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

person may install on any airplane an 

adjuster rod in any passenger door guide arm 

assembly which has either no part mark on 

the guide arm assembly or has the part mark 

of supplier CDSL. 

Alternative Methods of Compliance 

(f) In accordance with 14 CFR 39.19, the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA, is authorized to approve 

alternative methods of compliance for this 

AD.

Issued in Renton, Washington, on February 

3, 2004. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2680 Filed 2–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–167217–03] 

RIN 1545–BD03

Electronic Filing of Duplicate Forms 

5472

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice of proposed rulemaking, 

notice of proposed rulemaking by crossreference to temporary regulations, and 

notice of public hearing. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS is issuing temporary 

regulations providing that a Form 5472 

that is timely filed electronically is 

treated as satisfying the requirement 

timely to file a duplicate Form 5472 

with the Internal Revenue Service