Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 / Rules and Regulations 17911 

installed in the cockpit in full view of the 

pilot that states the following: 

‘‘OPERATION WITH CABIN 

PRESSURIZATION IS PROHIBITED.’’

Actions Accomplished Per Previous Issue of 

Service Bulletin 

(k) Inspections, corrective actions, and 

follow-on actions accomplished before the 

effective date of this AD per McDonnell 

Douglas Service Bulletin DC9–53–137, 

Revision 07, dated February 6, 2001; or 

McDonnell Douglas Service Bulletin DC9–

53–137, Revision 08, dated November 22, 

2002; are considered acceptable for 

compliance with the corresponding action 

specified in this AD. 

Credit for AD 2002–07–06, Amendment 39–

12700 

(l) Accomplishment of the actions 

specified in AD 2002–07–06 is acceptable for 

compliance with the requirements of this AD. 

Submission of Information to Manufacturer 

Not Required 

(m) Although McDonnell Douglas Service 

Bulletin DC9–53–137, Revision 09, dated 

January 30, 2003, specifies to submit certain 

information to the manufacturer, this AD 

does not include such a requirement. 

Alternative Methods of Compliance 

(n)(1) In accordance with 14 CFR 39.19, the 

Manager, Los Angeles Aircraft Certification 

Office (ACO), FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

(2) AMOCs approved previously in 

accordance with AD 85–01–02 R1, 

amendment 39–4978; or AD 96–10–11, 

amendment 39–9618; are approved as 

AMOCs for paragraph (a) or (c) of this AD, 

as appropriate. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company Engineering Representative 

(DER) who has been authorized by the 

Manager, Los Angeles ACO, to make such 

findings. 

Incorporation by Reference 

(o) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

McDonnell Douglas Service Bulletin DC9–

53–137, Revision 09, dated January 30, 2003; 

McDonnell Douglas DC–9 Service Bulletin 

53–165, Revision 3, dated May 3, 1989; and 

McDonnell Douglas DC–9 Service Bulletin 

53–157, Revision 1, dated January 7, 1985; as 

applicable. 

(1) The incorporation by reference of 

McDonnell Douglas Service Bulletin DC9–

53–137, Revision 09, dated January 30, 2003, 

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 

McDonnell Douglas DC–9 Service Bulletin 

53–165, Revision 3, dated May 3, 1989; and 

McDonnell Douglas DC–9 Service Bulletin 

53–157, Revision 1, dated January 7, 1985; 

was approved previously by the Director of 

the Federal Register as of May 14, 2002 (67 

FR 16987, April 9, 2002). 

(3) Copies may be obtained from Boeing 

Commercial Airplanes, Long Beach Division, 

3855 Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024). 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

FAA, Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California; or at the Office of the 

Federal Register, 800 North Capitol Street, 

NW., suite 700, Washington, DC. 

Effective Date 

(p) This amendment becomes effective on 

May 11, 2004. 

Issued in Renton, Washington, on March 

25, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 04–7297 Filed 4–5–04; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–287–AD; Amendment 

39–13555; AD 2004–07–11] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–400ER Series Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to all Boeing Model 767–

400ER series airplanes, that requires 

repetitive high frequency eddy current 

inspections of the aft lower lugs of the 

deflection control track of the outboard 

flap for cracks, and replacement of any 

cracked deflection control track with a 

new track assembly. This action is 

necessary to prevent fatigue cracking in 

the aft lower lug run-out region of the 

deflection control track. Fatigue 

cracking of the deflection control track, 

if not detected and corrected in a timely 

manner, could result in the loss of the 

secondary load path for the outboard 

flap, resulting in the loss of the outboard 

flap and consequent reduced 

controllability of the airplane in the 

event that the primary load path also 

fails. This action is intended to address 

the identified unsafe condition. 

DATES: Effective May 11, 2004. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of May 11, 

2004. 

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 Office of the 

Federal Register, 800 North Capitol 

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

FOR FURTHER INFORMATION CONTACT: 

Candice Gerretsen; Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6428; 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 

767–400ER series airplanes was 

published in the Federal Register on 

October 1, 2003 (68 FR 56598). That 

action proposed to require repetitive 

high frequency eddy current inspections 

of the aft lower lugs of the deflection 

control track of the outboard flap for 

cracks, and replacement of any cracked 

deflection control track with a new track 

assembly. 

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 Change Compliance Time 

One commenter requests that the 

proposed repairs be deferred until the 

next major base visit. The commenter 

states that the compliance time of 

‘‘before the accumulation of 12,000 total 

flight cycles’’ in the proposed AD would 

cause maintenance program issues. The 

commenter states that the inspections 

and repairs will create an undue burden 

to the airline operators due to parts 

availability and the costs affiliated with 

immediate repair of a cracked deflection 

control track. 

The FAA does not agree with the 

commenter’s request to change the 

compliance time. In developing an 

appropriate compliance time for this 

action, we considered the safety 

implications, parts availability, and 

normal maintenance schedules for the 

timely accomplishment of the 

inspections and repairs. We have 

determined, based on fatigue analysis by 

17912 Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 / Rules and Regulations 

the manufacturer, that a compliance 

time of ‘‘before the accumulation of 

12,000 total flight cycles’’ will ensure an 

acceptable level of safety. We also 

provided a grace period of 1,200 flight 

cycles, in order to allow the operators to 

align the inspections with regular 

maintenance checks. Last, due to safety 

implications and the consequences 

associated with continued service 

without proper repair, repairs must be 

made before further flight. 

Model 767–400ER Not Subject to 

Proposed AD 

The commenter states that all of the 

cracked deflection control tracks were 

reported on Model 767–300 series 

airplanes and no reports have been 

made for Model 767–400ER series 

airplanes. The commenter also states 

that the utilization for the Model 767–

300 series airplanes and Model 767–

400ER series airplanes are often 

completely different. 

We infer from the commenter’s 

statement, that the Model 767–400ER 

deflection control tracks should not be 

subject to the proposed AD. While we 

do agree that the airplanes operate 

differently and cracking has only been 

found on Model 767–300 series 

airplanes, we do not agree with the 

commenter that Model 767–400ER 

deflection control tracks should not be 

subject to this AD. Based on fatigue 

analysis and similar construction, we 

find sufficient data exists to establish 

the probability of the deflection control 

track cracking on the Model 767–400ER 

series airplanes. Since the deflection 

control track acts as a secondary load 

path on Model 767–400ER series 

airplanes and not on Model 767–300 

series airplanes, this AD is limited to 

Model 767–400ER series airplanes only. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

There are approximately 38 airplanes 

of the affected design in the worldwide 

fleet. The FAA estimates that 38 

airplanes of U.S. registry will be affected 

by this AD, that it will take 

approximately 3 work hours per 

airplane to accomplish the required 

inspection, and that the average labor 

rate is $65 per work hour. Based on 

these figures, the cost impact of the AD 

on U.S. operators is estimated to be 

$7,410, or $195 per airplane, per 

inspection cycle. 

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: 

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: 

2004–07–11 Boeing: Amendment 39–13555. 

Docket 2002–NM–287–AD. 

Applicability: All Model 767–400ER series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent fatigue cracking in the aft lower 

lug run-out region of the deflection control 

track, which could result in the loss of the 

secondary load path for the outboard flap, 

resulting in loss of the outboard flap and 

consequent reduced controllability of the 

airplane in the event that the primary load 

path also fails, accomplish the following: 

Initial Inspection 

(a) Before the accumulation of 12,000 total 

flight cycles, or within 1,200 flight cycles 

after the effective date of this AD, whichever 

occurs later, perform a high frequency eddy 

current (HFEC) inspection for cracks in the 

aft lower lug of the deflection control track 

on the outboard flap, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–27A0183, dated May 9, 

2002. 

Repetitive Inspections 

(b) If no crack is detected during any HFEC 

inspection required in paragraph (a) of this 

AD, repeat the inspection at intervals not to 

exceed 1,200 flight cycles. 

Corrective Action 

(c) If any crack is detected during any 

HFEC inspection required by paragraph (a) of 

this AD, before further flight, replace the 

deflection control track with a new track 

assembly, in accordance with the 

Accomplishment Instructions in Boeing Alert 

Service Bulletin 767–27A0183, dated May 9, 

2002. Within 12,000 flight cycles following 

the replacement, perform the HFEC 

inspection specified in paragraph (a) of this 

AD, and repeat inspections as specified in 

paragraph (b) 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) The actions shall be done in accordance 

with Boeing Alert Service Bulletin 767–

27A0183, dated May 9, 2002. 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 Office of the Federal 

Register, 800 North Capitol Street, NW., suite 

700, Washington, DC. 

Effective Date 

(f) This amendment becomes effective on 

May 11, 2004. 

Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 / Rules and Regulations 17913 

Issued in Renton, Washington, on March 

22, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 04–7351 Filed 4–5–04; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–25–AD; Amendment 

39–13567; AD 2004–07–23] 

RIN 2120–AA64 

Airworthiness Directives; Saab Model 

SAAB SF340A and SAAB 340B Series 

Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Saab Model SAAB 

SF340A and SAAB 340B series 

airplanes, that requires replacement of 

certain assistor springs and bearings 

with certain new assistor springs and 

bearings. This action is necessary to 

prevent possible collapse of a main 

landing gear upon landing and 

consequent reduced controllability of 

the airplane. This action is intended to 

address the identified unsafe condition. 

DATES: Effective May 11, 2004. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of May 11, 

2004. 

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Saab Aircraft AB, SAAB Aircraft 

Product Support, S–581.88, Linko ̈ping, 

Sweden. 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

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 certain Saab Model 

SAAB SF340A and SAAB 340B series 

airplanes was published in the Federal 

Register on February 6, 2004 (69 FR 

5792). That action proposed to require 

replacement of certain assistor springs 

and bearings with certain new assistor 

springs and bearings. 

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. 

Explanation of Change Made to the 

Final Rule 

The FAA has revised the citation 

format for Saab Service Bulletin 340–

32–130, dated April 28, 2003, 

referenced in paragraph (a) of this final 

rule, to adhere to the Office of the 

Federal Register’s guidelines for 

materials incorporated by reference. 

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 with the change 

previously described. The FAA has 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Cost Impact 

The FAA estimates that 288 airplanes 

of U.S. registry will be affected by this 

AD, that it will take approximately 2 

work hours per airplane to accomplish 

the required actions, and that the 

average labor rate is $65 per work hour. 

Required parts will cost approximately 

$750 per airplane. Based on these 

figures, the cost impact of the AD on 

U.S. operators is estimated to be 

$253,440, or $880 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: 

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: 

2004–07–23 Saab Aircraft AB: Amendment 

39–13567. Docket 2003–NM–25–AD. 

Applicability: Model SAAB SF340A series 

airplanes with serial numbers 004 through 

159 inclusive, and Model SAAB 340B series 

airplanes with serial numbers 160 through 

459 inclusive; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent possible collapse of a main 

landing gear upon landing and consequent 

reduced controllability of the airplane, 

accomplish the following: 

Replacements 

(a) Within the compliance times listed in 

Table 1 of this AD, perform the actions 

specified in paragraphs (a)(1) and (a)(2) of