Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76839

any term, requirement, or condition for 

payment arising under the application, 

or this part, and if any refund of a 

payment to FSA shall otherwise become 

due in connection with the application, 

or this part, all related payments made 

under this part to any sheep and lamb 

operation shall be refunded to FSA 

together with interest as determined in 

accordance with paragraph (c) of this 

section and late payment charges as 

provided in part 1403 of this title. 

(b) All persons signing a sheep and 

lamb operation’s application for 

payment as having an interest in the 

operation shall be jointly and severally 

liable for any refund, including related 

charges, that is determined to be due for 

any reason under the terms and 

conditions of the application or this part 

with respect to such operation. 

(c) Interest shall be charged on 

refunds required of any person under 

this part if FSA determines that 

payments or other assistance was 

provided to a person who was not 

eligible for such assistance. Such 

interest shall be charged at the rate of 

interest that the United States Treasury 

charges the Commodity Credit 

Corporation for funds, from the date 

FSA made such benefits available to the 

date of repayment or the date interest 

increases as determined in accordance 

with applicable regulations. FSA may 

waive the accrual of interest if FSA 

determines that the cause of the 

erroneous determination was not due to 

any action of the person. 

(d) Interest determined in accordance 

with paragraph (c) of this section may 

be waived at the discretion of FSA alone 

for refunds resulting from those 

violations determined by FSA to have 

been beyond the control of the person 

committing the violation. 

(e) Late payment interest shall be 

assessed on all refunds in accordance 

with the provisions of, and subject to 

the rates prescribed in 7 CFR part 792. 

(f) Any excess payments made by FSA 

with respect to any application under 

this part must be refunded. 

(g) In the event that a benefit under 

this subpart was provided as the result 

of erroneous information provided by 

any person, the benefit must be repaid 

with any applicable interest.

§ 784.14 Offsets and withholdings. 

FSA may offset or withhold any 

amounts due FSA under this subpart in 

accordance with the provisions of 7 CFR 

part 792, or successor regulations, as 

designated by the Department.

§ 784.15 Assignments. 

Any person who may be entitled to a 

payment may assign his rights to such 

payment in accordance with 7 CFR part 

1404, or successor regulations, as 

designated by the Department.

§ 784.16 Termination of program. 

This program will be terminated after 

payment has been made to those 

applications certified as eligible 

pursuant to the application period 

established in § 784.4.

Signed at Washington, on DC on December 

17, 2004. 

Michael W. Yost, 

Acting Administrator, Farm Service Agency.

[FR Doc. 04–28061 Filed 12–22–04; 8:45 am] 

BILLING CODE 3410–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2001–NM–179–AD; Amendment 

39–13911; AD 2004–25–23] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 747 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to all Boeing Model 747 

series airplanes, that requires repetitive 

inspections for cracking of the top and 

side panel webs and panel stiffeners of 

the nose wheel well (NWW), and 

corrective actions if necessary. This 

action is necessary to detect and correct 

fatigue cracks in the top and side panel 

webs and stiffeners of the NWW, which 

could compromise the structural 

integrity of the NWW and could lead to 

the rapid depressurization of the 

airplane. This action is intended to 

address the identified unsafe condition.

DATES: Effective January 27, 2005. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 27, 

2005.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 

98124–2207. 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 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: Nick 

Kusz, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6432; fax (425) 917–6590.

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 all Boeing Model 

747 series airplanes was published in 

the Federal Register on May 7, 2004 (69 

FR 25519). That notice of proposed 

rulemaking (NPRM) proposed to require 

repetitive inspections for cracking of the 

top and side panel webs and panel 

stiffeners of the nose wheel well 

(NWW), and corrective actions if 

necessary. 

Explanation of New Service 

Information 

Since the issuance of the NPRM, 

Boeing has issued and we have 

reviewed Revision 2 of Boeing Alert 

Service Bulletin 747–53A2465, dated 

November 11, 2004 (the NPRM referred 

to Revision 1 of the service bulletin as 

the appropriate source of service 

information for accomplishing the 

proposed actions). Revision 2 of the 

service bulletin describes procedures for 

performing repetitive external detailed 

inspections for cracking of the top and 

side panel webs of the NWW (specified 

as Area 1 and Area 2 in the service 

bulletin), as applicable; performing 

repetitive internal detailed and surface 

high frequency eddy current (HFEC) 

inspections for cracking of the top and 

side panel stiffeners of the NWW 

(specified as Area 3 in the service 

bulletin); replacing cracked stiffeners 

with new stiffeners; and repairing any 

cracked panel web. 

We have revised the final rule by 

adding new paragraph (a)(2) as an 

option to accomplishing the repetitive 

inspections required by paragraph (a)(1) 

(specified as paragraph (a) of the 

NPRM). The option allows operators to 

do the repetitive inspections specified 

in Revision 2 of the service bulletin. The 

compliance time intervals for the new, 

optional repetitive inspections are: (1) 

1,000 flight cycles for the external 

detailed inspection, and (2) 6,000 flight 

cycles for the internal detailed and 

suface HFEC inspections, which is less 

stringent than the 1,000 flight-cycle 

interval for the repetitive inspections 

76840 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

required by paragraph (a)(1) of this final 

rule. 

We have also added Revision 2 of the 

service bulletin to paragraph (b) of the 

final rule to allow repairs to be done 

according to either Revision 1 or 

Revision 2 of the service bulletin, as 

applicable. 

Accomplishing the actions specified 

in either Revision 1 or Revision 2 of the 

service bulletin at the times specified in 

the final rule is intended to adequately 

address the identified unsafe condition. 

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. 

Request To Revise or Cancel the NPRM 

Two commenters request that the 

NPRM be revised or cancelled due to 

the upcoming release of Revision 2 of 

Boeing Alert Service Bulletin 747–

53A2465. One commenter, the airplane 

manufacturer, notes that Revision 2 of 

the service bulletin will have different 

inspections and compliance times than 

what is specified in paragraph (a) of the 

NPRM. The commenter states that the 

procedures for ultrasonic inspection 

will be removed from the service 

bulletin and that the repetitive interval 

recommended for the detailed 

inspection of the NWW sidewall and 

top webs will be changed. The 

commenter notes that the detailed 

inspection will be performed every 

1,000 flight cycles, starting at 16,000 

total flight cycles, and then, after 

accumulating 25,000 flight cycles, the 

detailed inspection will be performed 

every 100 flight cycles for the web 

common to the fore-aft stiffeners at 

water lines (WL) 150, 160 and 170 (left 

and right sides). The commenter 

suggests that paragraph (a) of the NPRM 

be revised to reflect these changes.

The other commenter suggests that 

the NPRM be revised or cancelled 

because of the differences between the 

NPRM and Revision 2 of the service 

bulletin. The commenter also asks that 

a new proposal be issued that cites the 

changes specified in Revision 2 of the 

service bulletin. 

We do not agree with the commenters’

requests to revise or cancel the NPRM. 

Revision 2 of the service bulletin does 

not contain a 25,000 flight-cycle 

inspection threshold to reduce the 

repetitive inspection interval. In 

addition, as stated earlier, we have 

revised the final rule by adding the 

actions specified in Revision 2 of the 

service bulletin as an option to doing 

the actions specified in Revision 1 of the 

service bulletin. 

Request To Extend Inspection 

Threshold 

One commenter requests that the 

second inspection threshold be 

extended from 25,000 flight cycles to 

28,000 flight cycles for Model 747–400D 

series airplanes. The commenter states 

that the fatigue cracks are caused by 

cabin pressurization and Model 747–

400D series airplanes operate with 

lower cabin differential pressure. 

We do not agree with the commenter. 

We infer that the commenter is referring 

to Revision 2 of Boeing Alert Service 

Bulletin 747–53A2465, but as stated 

earlier, Revision 2 does not contain a 

second inspection threshold. No change 

is made to the final rule in this regard. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, we have determined that air 

safety and the public interest require 

adopting the AD with the changes 

previously described. These changes 

will neither increase the economic 

burden on any operator nor increase the 

scope of the AD. 

Cost Impact 

There are approximately 1,127 

airplanes of the affected design in the 

worldwide fleet. We estimate that 255 

airplanes of U.S. registry will be affected 

by this AD. 

It will take approximately 42 work 

hours per airplane to accomplish the 

required inspections specified in Boeing 

Service Bulletin 747–53A2465, Revision 

1, dated October 16, 2003, and that the 

average labor rate is $65 per work hour. 

Based on these figures, the cost impact 

of the required inspections on U.S. 

operators is estimated to be $2,730 per 

airplane, per inspection cycle. 

In lieu of the inspections specified in 

Revision 1 of Boeing Service Bulletin 

747–53A2465, it will take 

approximately 87 or 97 work hours per 

airplane (depending on the airplane 

configuration) to accomplish the 

required inspections specified in Boeing 

Alert Service Bulletin 747–53A2465, 

Revision 2, dated November 11, 2004, 

and that the average labor rate is $65 per 

work hour. Based on these figures, the 

cost impact of the required inspections 

on U.S. operators is estimated to be 

$5,655 or $6,305 per airplane, per 

inspection cycle (depending on the 

airplane configuration). 

The cost impact figures discussed 

above are 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. 

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 safe 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 AD. 

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.

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76841

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:

2004–25–23 Boeing: Amendment 39–13911. 

Docket 2001–NM–179–AD.

Applicability: All Model 747 series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct fatigue cracks in the 

top and side panel webs and stiffeners of the 

nose wheel well (NWW), which could 

compromise the structural integrity of the 

NWW and could lead to the rapid 

depressurization of the airplane, accomplish 

the following: 

Initial and Repetitive Inspections 

(a) Prior to the accumulation of 16,000 total 

flight cycles, or within 1,000 flight cycles 

after the effective date of this AD, whichever 

is later, do the inspections specified in either 

paragraph (a)(1) or (a)(2) of this AD. 

(1) Do the inspections specified in 

paragraphs (a)(1)(i) and (a)(1)(ii) of this AD in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 747–

53A2465, Revision 1, dated October 16, 2003. 

Repeat the inspections thereafter at intervals 

not to exceed 1,000 flight cycles. 

(i) Do detailed and ultrasonic inspections 

of the top and side panel webs of the NWW 

for cracks. 

(ii) Do detailed and surface high frequency 

eddy current (HFEC) inspections of the top 

and side panel stiffeners of the NWW for 

cracks. 

(2) Do the inspections specified in 

paragraphs (a)(2)(i) and (a)(2)(ii) of this AD in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2465, Revision 2, dated November 

11, 2004. Repeat the inspections thereafter at 

the intervals specified in paragraphs (a)(2)(i) 

and (a)(2)(ii) of this AD. 

(i) Do external detailed inspections of the 

top and side panel webs of the NWW 

(specified as Area 1 and Area 2 in the service 

bulletin), as applicable, for cracks. Repeat the 

inspections thereafter at intervals not to 

exceed 1,000 flight cycles. 

(ii) Do internal detailed and surface HFEC 

inspections of the top and side panel 

stiffeners of the NWW (specified as Area 3 in 

the service bulletin) for cracks. Repeat the 

inspections thereafter at intervals not to 

exceed 6,000 flight cycles.

Note 1: For the purposes of this AD, a 

detailed inspection is defined as: ‘‘An 

intensive visual examination of a specific 

structural area, system, installation, or 

assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at intensity deemed appropriate by 

the inspector. Inspection aids such as 

mirrors, magnifying lenses, etc., may be used. 

Surface cleaning and elaborate access 

procedures may be required.’’

Corrective Actions 

(b) If any crack is found during any 

inspection required by paragraph (a) of this 

AD: Prior to further flight, do the applicable 

corrective actions specified in paragraphs 

(b)(1) and (b)(2) of this AD, in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin 747–53A2465, 

Revision 1, dated October 16, 2003; or Boeing 

Alert Service Bulletin 747–53A2465, 

Revision 2, dated November 11, 2004; as 

applicable. Thereafter, repeat the inspections 

required by paragraph (a) of this AD at the 

time specified in paragraph (a)(1) or (a)(2) of 

this AD, as applicable. 

(1) Repair web cracks. 

(2) Replace cracked stiffeners with new 

stiffeners. 

Inspections Accomplished per Previous 

Issue of Service Bulletin 

(c) Inspections accomplished before the 

effective date of this AD in accordance with 

Boeing Alert Service Bulletin 747–53A2465, 

dated April 5, 2001, are considered 

acceptable for compliance with the 

corresponding inspections specified in 

paragraph (a) of this AD. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, Seattle Aircraft Certification Office, 

FAA, is authorized to approve alternative 

methods of compliance for this AD. 

Incorporation by Reference 

(e) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Service Bulletin 747–53A2465, 

Revision 1, dated October 16, 2003; or Boeing 

Alert Service Bulletin 747–53A2465, 

Revision 2, dated November 11, 2004. 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, P.O. Box 3707, 

Seattle, Washington 98124–2207. Copies may 

be inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; 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 27, 2005.

Issued in Renton, Washington, on 

December 7, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27508 Filed 12–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Parts 119, 121 and 135

[Docket No. FAA–2003–15571; Amendment 

Nos. 119–8, 121–286 and 135–83] 

RIN 2120–AI00

DOD Commercial Air Carrier 

Evaluators

AGENCY: Federal Aviation 

Administration (FAA), DOT

ACTION: Disposition of comments on 

final rule. 

SUMMARY: This document discusses 

comments FAA received on the final 

rule, published on July 10, 2003 (68 FR 

41214), which became effective on July 

11, 2003, and which clarified existing 

regulations as they apply to Department 

of Defense (DOD) commercial air carrier 

evaluators. These amendments clarified 

DOD’s congressionally mandated 

cockpit evaluation mission and 

authority for the aviation security 

community. Also, DOD’s Air Mobility 

Command (AMC) issued a new 

credential to allow DOD commercial air 

carrier evaluators uninterrupted access 

to the cockpit for evaluations.

ADDRESSESS: The complete docket for 

the final rule ‘‘DOD Commercial Air 

Carrier Evaluators’’ may be examined in 

the Dockets Office between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The Dockets Office is 

on the plaza level of the Nassif Building 

at the Department of Transportation, 

Room Plaza 401, 400 Seventh Street, 

SW., Washington, DC 20590–0001. Also, 

you may review the public docket on 

the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Lt. 

Col. Gregory Clawson, Department of 

Defense Air Mobility Command Liaison 

Officer to FAA Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7088.

SUPPLEMENTARY INFORMATION: