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: 

76842 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

Background 

The DOD contracts for passenger and 

air cargo movements from air carriers 

certificated by the FAA. The DOD is 

congressionally mandated to conduct 

capability evaluations of contracted 

carriers. These evaluations ensure each 

carrier is able to satisfy the unique 

requirements of military contracts and 

to adhere to the DOD Commercial Air 

Carrier Quality and Safety 

Requirements. These evaluations apply 

only to carriers under contract with the 

DOD or carriers wanting to enter into 

contracts with the DOD. 

DOD commercial air carrier evaluators 

require uninterrupted access to the 

flight deck to perform their reviews. For 

many years, DOD commercial air carrier 

evaluators relied on the FAA, the air 

carrier, and the pilot in command 

authorizing their access to conduct the 

air carrier evaluation mission. Language 

contained in 14 CFR parts 121 and 135 

did not include DOD commercial air 

carrier evaluators among those 

individuals authorized access to the 

flight deck. 

The absence of direct authority in the 

regulation listing and the lack of a wellknown DOD evaluator credential 

significantly hindered the 

congressionally mandated DOD air 

carrier evaluations. 

The amendments in the final rule 

make clear the authority of DOD 

commercial air carrier evaluators to 

conduct cockpit evaluations by 

including them in the regulation text. 

These changes, with the creation of the 

S&A Form 110B evaluator credential, 

have alleviated the problems DOD 

commercial air carrier evaluators have 

faced in the field. 

Discussion of Comments 

The FAA received comments from a 

private citizen and a commercial air 

carrier. The content of the two letters 

was identical. These comments are 

addressed below. 

The commenters stated that allowing 

cockpit access to the DOD evaluators 

was not ‘‘prudent or necessary’’ and the 

potential existed for DOD evaluators to 

abuse the process by wanting ‘‘free 

rides.’’

FAA response: The FAA does not 

agree with the commenters. The DOD is 

required by law to conduct carrier 

evaluations including cockpit 

observations. The DOD coordinates 

these observations in advance with the 

air carrier. Flight crews are made aware 

of the presence of the DOD evaluator 

before the flight. Surprise evaluations 

are not part of this program and DOD 

evaluators must show proper 

documentation, including their S&A 

Form 110B credential and military 

orders, to gain access to the aircraft. 

Additionally, these evaluations only 

occur on air carriers participating, or 

applying to participate, in the DOD 

program. The process currently in place 

safeguards the security of the aircraft 

and does not allow for ‘‘free ride’’ abuse 

by the evaluators. 

The FAA received comments 

regarding the possible falsification of 

the new credential being issued to DOD 

evaluators and the potential for 

increased costs to the air carrier by 

having to verify the evaluator’s 

documentation. 

FAA response: The FAA does not 

agree that the credential is easily 

falsified. The new credential issued to 

DOD air carrier evaluators has the same 

security features as the credentials 

carried by FAA inspectors and are 

difficult to falsify. In addition, DOD 

evaluators must present military orders 

with their S&A Form 110B credential. 

Verifying the credential and military 

order should not take any more time 

than in the past, and we expect the costs 

to be minimal. Again, these evaluations 

only occur on air carriers participating, 

or applying to participate, in the DOD 

program. 

Conclusion 

After consideration of the comments 

submitted in response to the final rule, 

the FAA has determined that no further 

rulemaking action is necessary. The 

final rule, ‘‘DOD Commercial Air Carrier 

Evaluators’’ remains in effect as 

adopted.

Issued in Washington, DC, on December 

15, 2004. 

Marion C. Blakey, 

Administrator.

[FR Doc. 04–27896 Filed 12–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 041123328–4328–01] 

RIN 0694–AD16 

Revision of Export Control 

Classification Number (ECCN) 2B351 

To Conform With the Australia Group 

(AG) ‘‘Control List of Dual-Use 

Chemical Manufacturing Facilities and 

Equipment and Related Technology’’

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Final rule.

SUMMARY: The Bureau of Industry and 

Security (BIS) is publishing this final 

rule to amend the Export 

Administration Regulations (EAR) by 

revising the Commerce Control List 

(CCL) entry that describes controls on 

certain toxic gas monitoring systems to 

conform with the Australia Group (AG) 

‘‘Control List of Dual-Use Chemical 

Manufacturing Facilities and Equipment 

and Related Technology.’’ Specifically, 

this final rule removes a technical note 

that contained an overly broad 

description of the types of toxic gas 

monitoring systems and detectors 

subject to chemical/biological (CB) 

controls under the EAR. The note 

covered a number of toxic gas 

monitoring systems and detectors not 

included on the AG control list. By 

removing the technical note, this final 

rule eliminates the CB license 

requirement for these toxic gas 

monitoring systems and detectors. Toxic 

gas monitoring systems and detectors 

that are included on the AG control list 

continue to require a license, for CB 

reasons, to certain destinations.

DATES: This rule is effective December 

23, 2004.

ADDRESSES: You may submit comments, 

identified by RIN 0694–AD16, by any of 

the following methods: 

• E-mail: wfisher@bis.doc.gov.

Include ‘‘RIN 0694–AD16’’ in the 

subject line of the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 

• Mail or Hand Delivery/Courier: 

Willard Fisher, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

ATTN: RIN 0694–AD16.

FOR FURTHER INFORMATION CONTACT:

Mark Sagrans, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–7900.

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) by 

revising Export Control Classification 

Number (ECCN) 2B351 on the 

Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) to conform with the Australia 

Group (AG) ‘‘Control List of Dual-Use 

Chemical Manufacturing Facilities and 

Equipment and Related Technology.’’