Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47927

of Orders 5, 7, and 46 after Order 11 is

terminated.

It is hereby found and determined

that the Tennessee Valley milk

marketing order should be terminated

pursuant to 7 U.S.C. 608(c)(16)(A).

It is hereby found and determined

that thirty days’ notice of the effective

date hereof is impractical, unnecessary

and contrary to the public interest in

that:

(a) The termination is necessary to

reflect current marketing conditions and

to assure orderly marketing conditions

in the marketing area;

(b) This termination does not require

of persons affected substantial or

extensive preparation prior to the

effective date; and

(c) Notice of proposed rulemaking

was given interested parties and they

were afforded opportunity to file written

data, views or arguments concerning

this termination.

Therefore, good cause exists for

making this order effective less than 30

days from the date of publication in the

Federal Register.

List of Subjects in 7 CFR Part 1011

Milk marketing orders.

Order

It is therefore ordered, That the terms

and provisions of the order, as

amended, regulating the handling of

milk in the Tennessee Valley marketing

area, (7 CFR part 1011) except § 1011.1

which incorporates the General

Provisions in part 1000, are hereby

terminated effective October 1, 1997.

PART 1011—MILK IN THE TENNESSEE

VALLEY MARKETING AREA

1. The authority citation for 7 CFR

part 1011 continues to read as follows:

Authority: Secs. 1–19, 48 Stats. 31, as

amended; 7 U.S.C. 601–674.

§§ 1011.2 through 1011.86 [Removed]

2. Part 1011 is amended by removing

§§ 1011.2 through 1011.86.

Dated: September 5, 1997.

Lon Hatamiya,

Administrator, Agricultural Marketing

Service.

[FR Doc. 97–24174 Filed 9–11–97; 8:45 am]

BILLING CODE 3410–02–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–180–AD; Amendment

39–10128; AD 97–19–08]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Boeing Model 747

series airplanes, that currently requires

ultrasonic inspection of certain engine

strut diagonal brace lugs for cracks, and

replacement, if necessary. This

amendment requires new repetitive

inspections to detect discrepancies of

the diagonal brace lugs, and rework of

the diagonal brace lug, if necessary. In

lieu of accomplishing the rework for

certain cases, this amendment provides

for an option to defer the rework by

accomplishing repetitive inspections

and resealing the bushing. This

amendment also provides for an

optional terminating modification for

repetitive inspections. This amendment

is prompted by additional reports of

fatigue cracking in the diagonal brace

lug. The actions specified in this AD are

intended to prevent such fatigue

cracking, which could result in failure

of the strut and consequent separation

of the engine from the airplane.

DATES: Effective September 29, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

29, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 12, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

180–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, 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:

Tamara L. Dow, Aerospace Engineer,

Airframe Branch, ANM–120S, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2771;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On March

14, 1989, the FAA issued AD 89–07–15,

amendment 39–6167 (54 FR 11693,

March 22, 1989), applicable to certain

Boeing Model 747 series airplanes, to

require ultrasonic inspection of certain

engine strut diagonal brace lugs for

cracks, and replacement, if necessary.

That action was prompted by reports of

cracked diagonal braces. The actions

required by that AD are intended to

prevent overloading of the remaining

strut attach points and possible

structural damage.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the

FAA has received several reports of six

additional diagonal braces with cracks

in one lug of the aft clevis on Boeing

Model 747 series airplanes. These

incidents occurred following

accomplishment of the optional

terminating action specified in AD 89–

07–15.

One diagonal brace, which had 3,386

flight cycles, had a crack from the bore

to the part edge in the aft lug. The

second diagonal brace, which had 5,206

flight cycles, had one lug in the aft

clevis completely fractured. The third

diagonal brace, which had 13,964 flight

cycles, had a crack less than 0.10 inch

in the aft lug bore. The fourth diagonal

brace, which had 1,275 flight cycles,

had a crack from the bore to the part

edge in the aft lug. The fifth diagonal

brace, which had approximately 3,360

flight cycles, had a through thickness

crack in the lug. The sixth diagonal

brace, which had approximately 8,350

flight cycles, had a crack in the aft lug.

The length of the cracks for the fifth and

sixth diagonal braces is not known. (The

above mentioned flight cycles refer to

cycles following accomplishment of the

rework.)

Investigation revealed that the

apparent cause of these cracks was

attributed to fatigue, which may initiate

at lug bore corrosion pits or other lug

surface anomalies. Fatigue cracking in

the diagonal brace lugs, if not detected

and corrected in a timely manner, could

result in failure of the strut and

consequent separation of the engine

from the airplane.

Discussion of Relevant Service

Information

Subsequent to the finding of this new

cracking, the manufacturer issued, and
47928 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

the FAA reviewed and approved,

Boeing Alert Service Bulletin 747–

54A2126, Revision 5, dated June 26,

1997. The revised alert service bulletin

describes procedures for new repetitive

detailed visual and ultrasonic

inspections to detect cracking,

corrosion, and migrated or rotated

bushings of the diagonal brace lugs, and

rework of the diagonal brace lug or a

follow-on ultrasonic inspection, if

necessary. In lieu of the rework for

certain cases, the revised alert service

bulletin also describes procedures for

resealing the bushing and follow-on

repetitive inspections. In addition, the

revised alert service bulletin provides

procedures for modification of the strut/

wing, which would eliminate the need

for repetitive inspections. The revised

alert service bulletin also expands the

effectivity listing to include additional

airplanes that are subject to the

addressed unsafe condition.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design, this AD supersedes AD 89–

07–15 to require new repetitive detailed

visual and ultrasonic inspections to

detect cracking, corrosion, and migrated

or rotated bushings of the diagonal brace

lugs, and rework of the diagonal brace

lugs, if necessary. In lieu of

accomplishing the rework (prior to

further flight) for certain cases where no

cracks or corrosion is detected, this AD

provides operators with an option to

defer the rework for a short period of

time by accomplishing repetitive

inspections and resealing the bushing.

This AD also provides procedures for

modification of the strut/wing, which

would constitute terminating action for

the repetitive inspections requirements.

In addition, this AD expands the

applicability of the existing AD to

include additional airplanes.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the rules

docket number and be submitted in

triplicate to the address specified under

the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the rules docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the rules docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–180–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the rules docket. A copy

of it, if filed, 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 39–6167 (54 FR

11693, March 22, 1989), and by adding

a new airworthiness directive (AD),

amendment 39–10128, to read as

follows:

97–19–08 Boeing: Amendment 39–10128.

Docket 97–NM–180–AD. Supersedes AD

89–07–15, Amendment 39–6167.

Applicability: Model 747 series airplanes

having line positions 1 through 1046

inclusive; equipped with Pratt & Whitney

Model JT9D series engines, General Electric

Model CF6–45 and –50 series engines, or

Rolls Royce Model RB211 series engines;

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 (g)(1) 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 the diagonal

brace lug, which could result in failure of the

strut and consequent separation of the engine

from the airplane, accomplish the following:

(a) For airplanes identified as Groups 1, 2,

3, and 4 in Boeing Alert Service Bulletin

747–54A2126, Revision 5, dated June 26,

1997: Perform a detailed visual and

ultrasonic inspection to detect cracking,

corrosion, and migrated or rotated bushings

of the diagonal brace lugs, in accordance

with and at the times specified in Table 1 of

Figure 1 of the alert service bulletin; except

that where the alert service bulletin states
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47929

that an inspection is to be performed within

a specified number of days after receipt of the

alert service bulletin, the inspection shall be

accomplished within that number of days

after the effective date of this AD. Thereafter,

repeat the inspections of the diagonal brace

lug as specified in paragraph (a)(1) or (a)(2)

of this AD, as applicable. After the effective

date of this AD, only Revision 5 of the alert

service bulletin shall be used.

(1) For the aft diagonal brace lug: Repeat

the detailed visual and ultrasonic inspections

thereafter at intervals not to exceed those

specified in paragraph (d) or (e) in Table 1

of Figure 1 of the alert service bulletin, as

applicable.

(2) For the forward diagonal brace lug:

Repeat the detailed visual and ultrasonic

inspections thereafter at intervals not to

exceed 600 landings. These inspections on

the forward diagonal brace lug must be

accomplished in accordance with 747 NonDestructive Test (NDT) Manual D6–7170,

Part 4, Subject 54–40–05.

Note 2: Where there are differences

between the AD and the referenced alert

service bulletin, the AD prevails.

(b) For airplanes identified as Groups 3, 4,

and 5 in Boeing Alert Service Bulletin 747–

54A2126, Revision 5, dated June 26, 1997:

Perform a detailed visual and ultrasonic

inspection to detect cracking, corrosion, or

migrated or rotated bushings of the diagonal

brace lugs, in accordance with and at the

times specified in Table II of Figure 1 of the

alert service; except that where the alert

service bulletin states that an inspection is to

be performed within a specified number of

days after receipt of the alert service bulletin,

the inspection shall be accomplished within

that number of days after the effective date

of this AD. Repeat the detailed visual and

ultrasonic inspections thereafter at intervals

not to exceed 1,000 flight cycles. After the

effective date of this AD, only Revision 5 of

the alert service bulletin shall be used.

(c) If any migrated or rotated bushing is

detected during any of the inspections

required by paragraph (a) or (b) of this AD,

prior to further flight, rework the diagonal

brace lug, in accordance with Boeing Alert

Service Bulletin 747–54A2126, Revision 5,

dated June 26, 1997; except as provided in

paragraph (d) of this AD. Thereafter, repeat

the detailed visual and ultrasonic inspections

required by paragraph (a) of this AD prior to

the accumulation of 5,000 landings and/or

repeat the detailed visual and ultrasonic

inspections required by paragraph (b) of this

AD prior to the accumulation of 9,000

landings. If the lug bore diameter is not

within the rework limits, prior to further

flight, replace the diagonal brace or repair it,

in accordance with a method approved by

the Manager, Seattle Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate.

(d) In lieu of accomplishing the

requirements of paragraph (c) of this AD,

perform an ultrasonic inspection to detect

cracking or corrosion of the diagonal brace

lug, in accordance with Boeing Alert Service

Bulletin 747–54A2126, Revision 5, dated

June 26, 1997.

(1) If no other damage is detected during

the inspection required by paragraph (d) of

this AD, prior to further flight, reseal the

bushings in accordance with the alert service

bulletin; and thereafter, repeat the

inspections of the diagonal brace lug as

specified in paragraph (d)(1)(i) or (d)(1)(ii) of

this AD, as applicable. Within 15 or 18

months (as applicable in the alert service

bulletin) since the initial migrated or rotated

bushing was detected, rework the diagonal

brace lug in accordance with the alert service

bulletin; and thereafter, repeat the detailed

visual and ultrasonic inspections required by

paragraph (a) of this AD prior to the

accumulation of 5,000 landings and/or repeat

the detailed visual and ultrasonic inspections

required by paragraph (b) of this AD prior to

the accumulation of 9,000 landings. If the lug

bore diameter is not within the rework limits,

prior to further flight, replace the diagonal

brace or repair it, in accordance with a

method approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate.

(i) For the aft diagonal brace lug: Repeat

the detailed visual and ultrasonic inspections

required by paragraphs (a) and (b) of this AD

thereafter at intervals not to exceed those

specified in paragraph (d) or (e) in Table 1

and paragraph (d) of Table II of Figure 1 of

the alert service bulletin, as applicable;

except that the repetitive detailed visual

inspections are required within 9 months

following accomplishment of the resealing.

(ii) For the forward diagonal brace lug:

Repeat the detailed visual and ultrasonic

inspections required by paragraphs (a) and

(b) of this AD thereafter at the repetitive

intervals specified in those paragraphs, as

applicable; except that the repetitive detailed

visual inspections are required within 9

months following accomplishment of the

resealing. These inspections on the forward

diagonal brace lug must be accomplished in

accordance with 747 NDT Manual D6–7170,

Part 4, Subject 54–40–05.

(2) If any cracking or corrosion is detected

during the inspection required by paragraph

(d) of this AD, prior to further flight, rework

the diagonal brace lug in accordance with the

alert service bulletin; and thereafter, repeat

the detailed visual and ultrasonic inspections

required by paragraph (a) of this AD prior to

the accumulation of 5,000 landings and/or

repeat the detailed visual and ultrasonic

inspections required by paragraph (b) of this

AD prior to the accumulation of 9,000

landings. If the lug bore diameter is not

within the rework limits, prior to further

flight, replace the diagonal brace or repair it,

in accordance with a method approved by

the Manager, Seattle Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate.

(e) If any cracking or corrosion is detected

during any of the inspections required by

paragraph (a) or (b) of this AD, prior to

further flight, rework the diagonal brace lug

in accordance with Boeing Alert Service

Bulletin 747–54A2126, Revision 5, dated

June 26, 1997; and thereafter, repeat the

detailed visual and ultrasonic inspections

required by paragraph (a) of this AD prior to

the accumulation of 5,000 landings and/or

repeat the detailed visual and ultrasonic

inspections required by paragraph (b) of this

AD prior to the accumulation of 9,000

landings. If the lug bore diameter is not

within the rework limits, prior to further

flight, replace the diagonal brace or repair it,

in accordance with a method approved by

the Manager, Seattle Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate.

(f) Accomplishment of the strut/wing

modification in accordance with Boeing Alert

Service Bulletin 747–54A2126, Revision 5,

dated June 26,1997, constitutes terminating

action for the repetitive inspection

requirements of this AD.

(g)(1) 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

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. 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.

(g)(2) Alternative methods of compliance,

approved previously in accordance with AD

89–07–15, amendment 39–6167, and AD 95–

10–16, amendment 39–9233; are not

considered to be approved as alternative

methods of compliance with this AD.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(h) 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.

(i) The actions shall be done in accordance

with Boeing Alert Service Bulletin 747–

54A2126, Revision 5, dated June 26, 1997.

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 Airplane Group,

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.

(j) This amendment becomes effective on

September 29, 1997.

Issued in Renton, Washington, on

September 5, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–24179 Filed 9–11–97; 8:45 am]

BILLING CODE 4910–13–U