Federal Register / Vol. 69, No. 121 / Thursday, June 24, 2004 / Rules and Regulations 35235

the immigration laws may be made by 

the Secretary of Homeland Security as 

provided by § 2.1 of this chapter. 

(b) Immigration Officer. * * * Any 

customs officer, as defined in 19 CFR 

24.16, is hereby authorized to exercise 

the powers and duties of an immigration 

officer as specified by the Act and this 

chapter.

TITLE 19, CHAPTER I

PART 24—CUSTOMS FINANCIAL AND 

ACCOUNTING PROCEDURE

■ 3. The general authority citation for 

part 24 is revised and the specific 

authority citation for § 24.16 continues 

to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, 

66, 1202 (General Note 23, Harmonized Tariff 

Schedule of the United States) 1505, 1520, 

1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; 

Public Law 107–296, 116 Stat. 2135 (6 U.S.C. 

1 et seq.).

* * * * *

Section § 24.16 also issued under 19 U.S.C. 

261, 267, 1450, 1451, 1452, 1623; 46 U.S.C. 

2111, 2112;

* * * * *

■ 4. In § 24.16, paragraph (b)(7) is revised 

to read as follows:

§ 24.16 Overtime services; overtime 

compensation and premium pay for 

Customs Officers; rate of compensation.

* * * * *

(b) * * *

(7) Customs Officer means only those 

individuals assigned to position 

descriptions entitled ‘‘Customs 

Inspector,’’ ‘‘Supervisory Customs 

Inspector,’’ ‘‘Canine Enforcement 

Officer,’’ ‘‘Supervisory Canine 

Enforcement Officer,’’ ‘‘Customs and 

Border Protection Officer,’’

‘‘Supervisory Customs and Border 

Protection Officer,’’ ‘‘Customs and 

Border Protection Agriculture 

Specialist,’’ or ‘‘Supervisory Customs 

and Border Protection Agriculture 

Specialist.’’

Robert C. Bonner, 

Commissioner, Customs and Border 

Protection. 

Tom Ridge, 

Secretary, Department of Homeland Security.

[FR Doc. 04–14415 Filed 6–23–04; 8:45 am] 

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–17–AD; Amendment 

39–13662; AD 2004–12–03] 

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 inspection of the 

main landing gear’s (MLG) separation 

bolt harness, corrective actions if 

necessary, and replacement of the 

MLG’s separation bolt harness. For 

certain airplanes, this AD also requires 

modification of the MLG separation 

bolt’s electrical harness. This action is 

necessary to prevent failure of the MLG 

to extend during use of the emergency 

backup system. This action is intended 

to address the identified unsafe 

condition.

DATES: Effective July 29, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of July 29, 

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 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

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 April 1, 2004 (69 FR 17077). 

That action proposed to require 

inspection of the main landing gear’s 

(MLG) separation bolt harness, 

corrective actions if necessary, and 

replacement of the MLG’s separation 

bolt harness. For certain airplanes, that 

action also proposed to require 

modification of the MLG separation 

bolt’s electrical harness. 

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. 

Cost Impact 

The FAA estimates that 224 airplanes 

of U.S. registry will be affected by this 

AD. The following table shows the 

estimated cost impact for airplanes 

affected by this AD. The average labor 

rate is $65 per work hour.

For certain model— Action—

Number of 

airplanes 

affected—

Work 

hours—

Parts 

cost— Total cost—

SAAB SF340A and SAAB 340B 

series airplaines.

Inspection of the harnesses ....... 224 4 (none) $58,240, or $260 per airplane. 

SAAB SF340A and SAAB 340B 

series airplanes.

Replacement of the harnesses ... 224 12 $2,100 $645,120, or $2,880 per airplane. 

35236 Federal Register / Vol. 69, No. 121 / Thursday, June 24, 2004 / Rules and Regulations 

For certain model— Action—

Number of 

airplanes 

affected—

Work 

hours—

Parts 

cost— Total cost—

SAAB SF340A series airplanes .. Modification of the harnesses ..... 56 2 $1,475 $89,880, or $1,604 per airplane. 

SAAB SF340A series airplanes .. Modification of the harnesses ..... 40 1 (none) $2,600, or $65 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, 

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:

2004–12–03 Saab Aircraft AB: Amendment 

39–13662. Docket 2003–NM–17–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 failure of the main landing gear 

(MLG) to extend during use of the emergency 

backup system, accomplish the following: 

Inspection and Corrective Actions 

(a) Within 3 months after the effective date 

of this AD, perform an inspection of the 

MLG’s separation bolt harness for broken 

wires and corroded connectors, and any 

applicable corrective actions by doing all of 

the actions in the Accomplishment 

Instructions of Saab Service Bulletin (SB) 

340–32–127, dated December 18, 2002; or 

Revision 01, dated January 23, 2003. Perform 

the inspection/corrective actions in 

accordance with the service bulletin. Perform 

any applicable corrective actions before 

further flight. 

Replacement 

(b) Within 12 months after the effective 

date of this AD, replace the separation bolt 

harnesses of the MLGs with new separation 

bolt harnesses in accordance with the 

Accomplishment Instructions of Saab SB 

340–32–128, dated March 28, 2003. 

(c) The inspection required by paragraph 

(a) of this AD is not required for airplanes on 

which the replacement required by paragraph 

(b) of this AD is done within the compliance 

time specified in paragraph (a) of this AD. 

Concurrent Service Bulletins 

(d) For Model SAAB SF340A series 

airplanes: Prior to or concurrent with 

accomplishment of paragraph (b) of this AD, 

do the actions specified in Table 1 of this AD, 

as applicable.

TABLE 1.—PRIOR/CONCURRENT ACTIONS

For airplanes with serial numbers— Accomplish all actions associated with— According to the accomplishment

instructions of—

004 through 108 inclusive .................................. Modifying the MLG separation bolt’s electrical 

harness.

Saab SB 340–32–041, Revision 01, dated 

October 9, 1987. 

004 through 078 inclusive .................................. Modifying the MLG separation bolt’s electrical 

harness.

Saab SB 340–32–028, Revision 01, dated 

November 25, 1986. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(f) The actions shall be done in accordance 

with the following Saab service bulletins, as 

applicable:

TABLE 2.—INCORPORATION BY REFERENCE

Service bulletin Revision level Date 

340–32–028 .......................................................................... 01 .......................................................................................... November 25, 1986. 

Federal Register / Vol. 69, No. 121 / Thursday, June 24, 2004 / Rules and Regulations 35237

TABLE 2.—INCORPORATION BY REFERENCE—Continued

Service bulletin Revision level Date 

340–32–041 .......................................................................... 01 .......................................................................................... October 9, 1987. 

340–32–127 .......................................................................... Original ................................................................................. December 18, 2002. 

340–32–127 .......................................................................... 01 .......................................................................................... January 23, 2003. 

340–32–128 .......................................................................... Original ................................................................................. March 28, 2003. 

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 Saab Aircraft AB, SAAB Aircraft 

Product Support, S–581.88, Linko ̈ping, 

Sweden. 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.

Note 1: The subject of this AD is addressed 

in Swedish airworthiness directives 1–186, 

dated December 20, 2002, and 1–189, dated 

April 1, 2003.

Effective Date 

(g) This amendment becomes effective on 

July 29, 2004.

Issued in Renton, Washington, on May 28, 

2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–12820 Filed 6–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–149–AD; Amendment 

39–13682; AD 2004–13–02] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, –200B, and –200F 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Boeing Model 747–

100, –200B, and –200F series airplanes. 

This action requires initial and 

repetitive inspections to find 

discrepancies in the upper and lower 

skins of the fuselage lap joints, and 

repair if necessary. This action is 

necessary to find and fix such 

discrepancies, which could result in 

sudden fracture and failure of a lap joint 

and rapid in-flight decompression of the 

airplane fuselage. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective July 29, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of July 29, 

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 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.

FOR FURTHER INFORMATION CONTACT: Nick 

Kusz, Aerospace Engineer, 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 certain Boeing 

Model 747–100, –200B, and –200F 

series airplanes was published in the 

Federal Register on July 2, 2003 (68 FR 

39483). That action proposed to require 

initial and repetitive inspections to find 

discrepancies in the upper and lower 

skins of the fuselage lap joints, and 

repair if necessary. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

single comment received. 

Request To Withdraw the Notice of 

Proposed Rulemaking 

One commenter states that the 

proposed rule, as it applies to Model 

747 series airplanes, is unnecessary, 

will not improve safety, and imposes an 

undue burden on airplane operators. 

The commenter suggests that there is a 

tenuous connection between the 737 

incident and the 747 fleet. The 

commenter further states that Model 747 

series airplanes have a stronger design 

than Model 737 series airplanes; that 

Model 747 series airplanes have existing 

modifications and modification 

requirements; and that Model 747 series 

airplanes are better maintained by U.S. 

operators. In addition, this commenter 

recently completed ‘‘full modification’’

of eighteen upper lobe lap joints on an 

affected Model 747 series airplane and 

found no evidence of scratches. 

The FAA infers from these comments 

that the commenter is requesting that 

the proposed rule be withdrawn. We do 

not agree. To date, no reports of cracks 

and scratches in the subject area have 

been found on Model 747 series 

airplanes. In consideration of this fact, 

we specified a longer compliance time 

in this AD for Model 747 series 

airplanes than the compliance time for 

Model 737 series airplanes specified in 

AD 2000–17–04, amendment 39–11878 

(65 FR 51750, August 25, 2002). We 

chose repetitive intervals of 72 months 

for the required low frequency eddy 

current (LFEC) inspections in order to 

minimize the effect on the operators 

while still providing an adequate level 

of safety. In addition, we determined 

that the possibility of scratches that 

initiate during manufacture exists for 

any cold-bonded adhesive skin panel, 

and that there have been numerous 

reports of corrosion on cold bonded skin 

panels in Boeing Model 747 series 

airplanes. Corrosion has also been 

reported on Boeing Model 747 series 

airplanes on which full modification 

has previously been accomplished per 

AD 90–06–06, amendment 39–6490 (55 

FR 8374, March 7, 1990); and AD 94–

12–09 amendment 39–8937 (59 FR 

30285, June 13, 1994). For these reasons, 

it is both warranted and necessary to 

issue this AD. 

Remove Certain Inspection 

Requirements 

The same commenter requests that the 

LFEC inspections for corrosion at the 

upper fastener rows should not be 

required at locations that have had ‘‘full 

modifications’’ accomplished per 

Boeing Alert Service Bulletin 747–

53A2267, dated March 28, 1986