Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 74465

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):

McDonnell Douglas: Docket No. FAA–2004–

19768; Directorate Identifier 2004–NM–

184–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes; 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that burnt wiring was discovered 

in the wire bundle at station 160.000 in the 

electrical/electronics (E/E) compartment. We 

are issuing this AD to detect and correct 

chafing of the wire bundle at station 160.000 

against the support bracket located on the aft 

right radio rack, which could lead to shorted 

or burnt wires and consequent smoke and 

fire in the E/E compartment. 

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) Within 18 months after the effective 

date of this AD, perform a general visual 

inspection in the E/E compartment for 

damage of the wire bundle and aft right radio 

rack structure at station 160.000; do any 

applicable corrective actions; and modify the 

radio rack structure and reroute the wire 

assembly; by accomplishing all of the actions 

specified in the Accomplishment 

Instructions of McDonnell Douglas Alert 

Service Bulletin MD90–24A080, Revision 1, 

dated August 5, 2004.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘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 ensure visual access to 

all 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.’’

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Los Angeles Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19.

Issued in Renton, Washington, on 

November 26, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–27328 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19810; Directorate 

Identifier 2004–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, and –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, 

and –800 series airplanes. This 

proposed AD would require doing a 

general visual inspection for sealant at 

the interface of the upper spar fittings, 

strut side skins, and the fittings of the 

thrust reverser strut fairing on the 

engine struts; and applying an injection 

seal or silicone sponge rubber with fillet 

seal if necessary. This proposed AD is 

prompted by a report that an injection 

seal in the engine strut area may not 

have been properly completed or 

installed during production. We are 

proposing this AD to prevent flammable 

fluid (such as fuel or hydraulic fluid) 

from leaking onto a hot engine exhaust 

nozzle or into the engine core fire zone, 

and consequently cause an uncontrolled 

fire or explosion.

DATES: We must receive comments on 

this proposed AD by January 28, 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 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: Doug Pegors, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6504; fax (425) 

917–6590. 

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 

74466 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 

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–

2004–19810; Directorate Identifier 

2004–NM–119–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 can 

review 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 

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 the injection seal at the interface of 

the upper spar fittings, strut side skins, 

and thrust reverser strut fairing fittings 

may not have been completed during 

production on certain Boeing Model 

737–600, –700, and –800 series 

airplanes. The affected area is in a 

flammable fluid leakage zone, which 

requires absolute sealing of all openings. 

This condition, if not corrected, could 

result in flammable fluid (such as fuel 

or hydraulic fluid) leaking onto a hot 

engine exhaust nozzle or into the engine 

core fire zone, and consequently cause 

an uncontrolled fire or explosion. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 737–54–

1040, dated November 14, 2002; and 

Revision 1, dated August 14, 2003. The 

service bulletins describe procedures for 

doing a general visual inspection for 

sealant at the interface of the upper spar 

fittings, strut side skins, and the fittings 

of the thrust reverser strut fairing on the 

engine struts; and applying an injection 

seal or silicone sponge rubber with fillet 

seal if necessary. Accomplishing the 

actions specified in the service 

information is intended to 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 

accomplishing the actions specified in 

the service information described 

previously.

Costs of Compliance 

This proposed AD would affect about 

257 airplanes worldwide and 99 

airplanes of U.S. registry. The proposed 

inspection would take about 2 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Based on 

these figures, the estimated cost of the 

proposed AD for U.S. operators is 

$12,870, or $130 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106, describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, the FAA is charged with 

promoting safety flight of civil aircraft 

in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

proposed AD. 

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–2004–19810; 

Directorate Identifier 2004–NM–119–AD. 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 74467

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 28, 2005. 

Affected ADs 

(b) None.

Applicability 

(c) This AD applies to Boeing Model 737–

600, –700, and –800 series airplanes, as listed 

in Boeing Special Attention Service Bulletin 

737–54–1040, Revision 1, dated August 14, 

2003; certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report that 

an injection seal in the engine strut area may 

not have been properly completed or 

installed during production. We are issuing 

this AD to prevent flammable fluid (such as 

fuel or hydraulic fluid) leaking onto a hot 

engine exhaust nozzle or into the engine core 

fire zone, and consequently cause an 

uncontrolled fire or explosion. 

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 and Corrective Action 

(f) Within 18 months or 3,500 flight cycles 

after the effective date of this AD, whichever 

occurs first: Do a general visual inspection 

for sealant at the interface of the upper spar 

fittings, strut side skins, and the fittings of 

the thrust reverser strut fairing on the engine 

struts, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–54–

1040, dated November 14, 2002; or Revision 

1, dated August 14, 2003. 

(1) If the injection seal is found to properly 

seal the entire gap, no further action is 

required by this AD. 

(2) If the injection seal is not found to 

properly seal the entire gap or if the injection 

seal is found to be missing, before further 

flight, apply an injection seal or silicone 

sponge rubber with fillet seal in accordance 

with the Accomplishment Instructions of the 

service bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19.

Issued in Renton, Washington, on 

December 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27329 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271

[FRL–7848–1] 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revisions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: North Carolina has applied to 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to North 

Carolina. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, EPA is authorizing the changes 

by an immediate final rule. EPA did not 

make a proposal prior to the immediate 

final rule because we believe this action 

is not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time.

DATES: Send your written comments by 

January 13, 2005.

ADDRESSES: Send written comments to 

Thornell Cheeks, North Carolina 

Authorization Coordinator, RCRA 

Programs Branch, Waste Management 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street, SW., Atlanta, GA, 

30303–3104; (404) 562–8479. You may 

also e-mail your comments to 

Cheeks.Thornell@epa.gov or submit 

your comments at http://

www.regulation.gov. Copies of the 

applications submitted by North 

Carolina can be examined during 

normal business hours at the following 

locations: EPA Region IV Library, 

Atlanta Federal Center, Library, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303; phone number: (404) 562–8190, 

or the North Carolina Department of 

Environment, Health and Natural 

Resources, P.O. Box 27687, Raleigh, 

North Carolina 29201, (919) 733–2178.

FOR FURTHER INFORMATION CONTACT:

Thornell Cheeks, North Carolina 

Authorization Coordinator, RCRA 

Programs Branch, Waste Management 

Division, U.S. Environmental Protection 

Agency, 61 Forsyth Street, SW., Atlanta, 

GA, 30303–3104; (404) 562–8479.

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register.

Dated: December 7, 2004. 

A. Stanley Meiburg, 

Deputy Regional Administrator, Region 4.

[FR Doc. 04–27364 Filed 12–13–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7844–7] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of intent to delete the 

York County Solid Waste and Refuse 

Authority Superfund Site from the 

National Priorities List (NPL). 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is issuing a 

notice of intent to delete the York 

County Solid Waste and Refuse 

Authority Superfund Site (Site) located 

in Hopewell Township, York County, 

Pennsylvania from the National 

Priorities List (NPL) and requests public 

comment on this notice of intent. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980 (CERCLA), as 

amended, is found at appendix B of 40 

CFR part 300 of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation and maintenance and 

five year reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. In the ‘‘Rules and 

Regulations’’ section of today’s Federal 

Register, we are publishing a direct final 

notice of deletion of the York County