53496 Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Rules and Regulations 

* * * * *

By order of the Board of Governors of 

the Federal Reserve System, acting 

through the Director of the Division of 

Consumer and Community Affairs 

under delegated authority, September 5, 

2003.

Jennifer J. Johnson, 

Secretary of the Board.

[FR Doc. 03–23175 Filed 9–10–03; 8:45 am] 

BILLING CODE 6210–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–370–AD; Amendment 

39–13296; AD 2003–18–05] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757 Series Airplanes Powered 

by Pratt & Whitney Engines

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain Boeing Model 757 

series airplanes, that currently requires 

modification of the nacelle strut and 

wing structure. This amendment 

reduces a certain compliance time in the 

existing AD. The actions specified by 

this AD are intended to prevent fatigue 

cracking in primary strut structure and 

consequent reduced structural integrity 

of the strut. This action is intended to 

address the identified unsafe condition.

DATES: Effective October 16, 2003. 

The incorporation by reference of 

Boeing Service Bulletin 757–54–0034, 

Revision 1, dated October 11, 2001, as 

listed in the regulations, is approved by 

the Director of the Federal Register as of 

October 16, 2003. 

The incorporation by reference of 

certain other publications, as listed in 

the regulations, was approved 

previously by the Director of the Federal 

Register as of November 13, 2000 (65 FR 

59703, October 6, 2000).

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplane 

Group, PO 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 Office of 

the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Dennis Stremick, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6450; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) 

by superseding AD 2000–20–09, 

amendment 39–11920 (65 FR 59703, 

October 6, 2000), which is applicable to 

certain Boeing Model 757 series 

airplanes, was published in the Federal 

Register on June 18, 2003 (68 FR 36499). 

The action proposed to continue to 

require modification of the nacelle strut 

and wing structure. The action also 

proposed to reduce a certain compliance 

time in the existing AD. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Changes to 14 CFR Part 39/Effect on the 

AD 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s airworthiness directives system. 

The regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance (AMOCs). Because we 

have now included this material in part 

39, only the office authorized to approve 

AMOCs is identified in each individual 

AD. However, for clarity and 

consistency in this final rule, we have 

retained the language of the NPRM 

regarding that material. 

Change to Labor Rate Estimate 

We have reviewed the figures we have 

used over the past several years to 

calculate AD costs to operators. To 

account for various inflationary costs in 

the airline industry, we find it necessary 

to increase the labor rate used in these 

calculations from $60 per work hour to 

$65 per work hour. The cost impact 

information, below, reflects this 

increase in the specified hourly labor 

rate. 

Cost Impact 

There are approximately 317 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

278 airplanes of U.S. registry will be 

affected by this AD. Since this AD will 

merely reduce the compliance time for 

certain actions required by AD 2000–

20–09 (Service Bulletin 757–54–0036), 

it will add no additional costs, and will 

require no additional work to be 

performed by affected operators. The 

current costs associated with AD 2000–

20–09 are reiterated in their entirety (as 

follows) for the convenience of affected 

operators: 

It will take approximately 800 work 

hours per airplane to accomplish the 

required modification of the nacelle 

strut and wing structure described in 

Boeing Service Bulletin 757–54–0034, at 

an average labor rate of $65 per work 

hour. Required parts will be provided at 

no cost by the airplane manufacturer. 

Based on these figures, the cost impact 

of this required modification on U.S. 

operators is estimated to be $14,456,000, 

or $52,000 per airplane. 

It will take approximately 26 work 

hours per airplane to accomplish the 

actions described in Boeing Service 

Bulletin 757–54–0027, Revision 1, at an 

average labor rate of $65 per work hour. 

Required parts will be provided at no 

cost by the airplane manufacturer. 

Based on these figures, the cost impact 

of these required actions on U.S. 

operators is estimated to be $469,820, or 

$1,690 per airplane. 

It will take approximately 90 work 

hours per airplane to accomplish the 

actions described in Boeing Service 

Bulletin 757–54–0036, at an average 

labor rate of $65 per work hour. 

Required parts will be provided at no 

cost by the airplane manufacturer. 

Based on these figures, the cost impact 

of these required actions on U.S. 

operators is estimated to be $1,626,300, 

or $5,850 per airplane. 

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. 

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, 

Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Rules and Regulations 53497

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.

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 

removing amendment 39–11920 (65 FR 

59703, October 6, 2000), and by adding 

a new airworthiness directive (AD), 

amendment 39–13296, to read as 

follows:

2003–18–05 Boeing: Amendment 39–13296. 

Docket 2001–NM–370–AD. Supersedes 

AD 2000–20–09, Amendment 39–11920.

Applicability: Model 757 series airplanes 

powered by Pratt & Whitney engines, line 

numbers 1 through 735 inclusive, certificated 

in any category.

Note 1: This AD applies to each airplane 

identified in the preceding applicability 

provision, regardless of whether it has been 

modified, altered, or repaired in the area 

subject to the requirements of this AD. For 

airplanes that have been modified, altered, or 

repaired so that the performance of the 

requirements of this AD is affected, the 

owner/operator must request approval for an 

alternative method of compliance in 

accordance with paragraph (e) of this AD. 

The request should include an assessment of 

the effect of the modification, alteration, or 

repair on the unsafe condition addressed by 

this AD; and, if the unsafe condition has not 

been eliminated, the request should include 

specific proposed actions to address it.

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent fatigue cracking in primary 

strut structure and consequent reduced 

structural integrity of the strut, accomplish 

the following: 

Restatement of Requirements of AD 2000–

20–09: 

Modifications 

(a) Modify the nacelle strut and wing 

structure on both the left and right sides of 

the airplane, in accordance with Boeing 

Service Bulletin 757–54–0034, dated May 14, 

1998; or Revision 1, dated October 11, 2001; 

at the later of the times specified in 

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

(1) Prior to the accumulation of 37,500 

total flight cycles, or within 20 years since 

the date of manufacture, whichever occurs 

first. Use of the optional threshold formula 

described in paragraph I.D. of the service 

bulletin is an acceptable alternative to the 20-

year threshold. 

(2) Within 3,000 flight cycles after 

November 13, 2000 (the effective date of AD 

2000–20–09, amendment 39–11920). 

(b) Except as provided by paragraph (d) of 

this AD: Prior to or concurrently with the 

accomplishment of the modification of the 

nacelle strut and wing structure required by 

paragraph (a) of this AD; as specified in 

paragraph I.D., Table I, ‘‘Strut Improvement 

Bulletins,’’ on page 5 of Boeing Service 

Bulletin 757–54–0034, dated May 14, 1998; 

accomplish the actions specified in Boeing 

Service Bulletin 757–54–0027, Revision 1, 

dated October 27, 1994; and Boeing Service 

Bulletin 757–54–0036, dated May 14, 1998; 

as applicable; in accordance with those 

service bulletins.

Repair 

(c) If any damage to airplane structure is 

found during the accomplishment of the 

modification required by paragraph (a) of this 

AD; and the service bulletin specifies to 

contact Boeing for appropriate action: Prior 

to further flight, 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 by the Manager, 

Seattle ACO, as required by this paragraph, 

the approval letter must specifically 

reference this AD. 

New Requirements of This AD 

Modification 

(d) Modify the nacelle strut (including 

replacing the upper link with a new, 

improved part and modifying the wire 

support bracket attached to the upper link) in 

accordance with Boeing Service Bulletin 

757–54–0036, dated May 14, 1998, at the 

earlier of the times specified in paragraph 

(d)(1) or (d)(2) of this AD. 

(1) Prior to or concurrently with 

accomplishment of the modification of the 

nacelle strut and wing structure required by 

paragraph (a) of this AD. 

(2) Prior to the accumulation of 27,000 

total flight cycles (for Model 757–200 series 

airplanes) or 29,000 total flight cycles (for 

Model 757–200PF series airplanes), or within 

2 years after the effective date of this AD, 

whichever is later. 

Alternative Methods of Compliance 

(e) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Seattle 

ACO. Operators shall submit their requests 

through an appropriate FAA Principal 

Maintenance Inspector, who may add 

comments and then send it to the Manager, 

Seattle ACO.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Seattle ACO.

Special Flight Permits 

(f) Special flight permits may be issued in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to operate the airplane to 

a location where the requirements of this AD 

can be accomplished. 

Incorporation by Reference 

(g) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

the following Boeing service bulletins, as 

applicable:

Service bulletin Revision level Date 

Boeing Service Bulletin 757–54–0027 ...................................................................... 1 .............................................................. October 27, 

1994. 

Boeing Service Bulletin 757–54–0034 ...................................................................... Original .................................................... May 14, 1998. 

Boeing Service Bulletin 757–54–0034 ...................................................................... 1 .............................................................. October 11, 

2001. 

Boeing Service Bulletin 757–54–0036 ...................................................................... Original .................................................... May 14, 1998. 

53498 Federal Register / Vol. 68, No. 176 / Thursday, September 11, 2003 / Rules and Regulations 

(1) The incorporation by reference of 

Boeing Service Bulletin 757–54–0034, 

Revision 1, dated October 11, 2001, is 

approved by the Director of the Federal 

Register, in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) The incorporation by reference of 

Boeing Service Bulletin 757–54–0027, 

Revision 1, dated October 27, 1994; Boeing 

Service Bulletin 757–54–0034, dated May 14, 

1998; and Boeing Service Bulletin 757–54–

0036, dated May 14, 1998; was approved 

previously by the Director of the Federal 

Register as of November 13, 2000 (65 FR 

59703, October 6, 2000). 

(3) Copies may be obtained from Boeing 

Commercial Airplane Group, PO 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 Office of the Federal 

Register, 800 North Capitol Street, NW., suite 

700, Washington, DC. 

Effective Date 

(h) This amendment becomes effective on 

October 16, 2003.

Issued in Renton, Washington, on August 

29, 2003. 

Vi L. Lipski, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 03–22701 Filed 9–10–03; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–179–AD; Amendment 

39–13299; AD 2003–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to all Airbus Model A310 

series airplanes, that requires electrical 

conductivity testing to verify the correct 

heat treatment of the two half fittings 

holding the ejection jack for the ram air 

turbine (RAT). This action is necessary 

to prevent decreased structural integrity 

of the two half fittings and loss of the 

RAT during extension, which could 

lead to reduced controllability of the 

airplane in the event of a dual engine 

failure, or in the event of loss of two or 

all hydraulic systems. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective October 16, 2003. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 16, 

2003.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Airbus Industrie, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 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 Office of the 

Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom 

Groves, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1503; 

fax (425) 227–1149.

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 Airbus Model 

A310 series airplanes was published in 

the Federal Register on June 18, 2003 

(68 FR 36504). That action proposed to 

require electrical conductivity testing to 

verify the correct heat treatment of the 

two half fittings holding the ejection 

jack for the ram air turbine (RAT). 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

After careful review of the available 

data, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Change to Labor Rate Estimate 

Since issuing the proposal, we have 

reviewed the figures we have used over 

the past several years to calculate AD 

costs to operators. To account for 

various inflationary costs in the airline 

industry, we find it necessary to 

increase the labor rate used in these 

calculations from $60 per work hour to 

$65 per work hour. The cost impact 

information, below, reflects this 

increase in the specified hourly labor 

rate. 

Cost Impact 

The FAA estimates that 48 airplanes 

of U.S. registry will be affected by this 

AD, that it will take approximately 1 

work hour per airplane to accomplish 

the required actions, and that the 

average labor rate is $65 per work hour. 

Based on these figures, the cost impact 

of the proposed AD on U.S. operators is 

estimated to be $3,120, or $65 per 

airplane. 

The cost impact figure discussed 

above is 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. 

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.

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: