## 65522 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations Repetitive Inspections

(g) For Groups 1, 2, and 3 airplanes identified in Boeing Special Attention Service Bulletin 737

– 53
– 1256, dated September 18, 2003: At the applicable times specified in Table 2 of paragraph 1.E., ‘‘ Compliance, ’’ of the service bulletin, do the repetitive supplemental inspections of the lower skins and external doublers for discrepancies in accordance with the Accomplishment Instructions of the service bulletin. Corrective Action

(h) If any discrepancy is found during any action required by this AD, before further flight, repair per a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or per 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, the approval must specifically reference this AD. Alternative Methods of Compliance (AMOCs)

(i)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2) 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 DER who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the approval must specifically refer to this AD. Material Incorporated by Reference

(j) You must use Boeing Special Attention Service Bulletin 737

– 53
– 1256, dated September 18, 2003, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approves the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the service information, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124

– 2207. For information on the availability of this material at the National Archives and Records Administration (NARA), call (202) 741
– 6030, or go to http://www.archives.gov/ federal
_ register/ code

_ of

_ federal

_regulations/ ibr

_locations.html. You may view the AD docket at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW, room PL

–401, Nassif Building, Washington, DC.

Issued in Renton, Washington, on November 1, 2004. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 24936 Filed 11

– 12
– 04; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **P** 

### DEPARTMENT OF TRANSPORTATION **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. FAA –** **2004 –**  **18994; Directorate Identifier 2003**  **– NM**  **– 210**  **– AD; Amendment**  **39 –**  **13866; AD 2004 –** **23 –**  **11] RIN 2120**  **– AA64**  

### Airworthiness Directives; McDonnell **Douglas Model DC –**  **9 –**  **14 and DC –**  **9 –**  **15 Airplanes; and Model DC**  **– 9**  **– 20, DC**  **– 9**  **– 30, DC**  **– 9**  **– 40, and DC**  **– 9**  **– 50 Series**  **Airplanes AGENCY**  

### : Federal Aviation Administration (FAA), DOT. **ACTION** 

### : Final rule. **SUMMARY** 

### : The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model DC

– 9
– 14 and DC

– 9
– 15 airplanes; and Model DC

– 9
– 20, DC

– 9
– 30, DC

– 9
– 40, and DC

– 9
– 50 series airplanes. This AD requires repetitive high frequency eddy current inspections to detect cracks in the vertical radius of the upper cap of the center wing rear spar, and repair if necessary. This AD is prompted by reports of cracks in the upper cap of the center wing rear spar that resulted from stress corrosion. We are issuing this AD to detect and correct cracking of the left or right upper cap of the center rear spar, which would cause a possible fuel leak and structural failure of the upper cap, and result in reduced structural integrity of the airplane. **DATES** 

### : This AD becomes effective December 20, 2004.

The incorporation by reference of a certain publication listed in the AD is approved by the Director of the Federal Register as of December 20, 2004. **ADDRESSES** 

### : For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1

– L5A (D800

– 0024). You can examine this information 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. You can examine the contents of this AD docket on the Internet at http:// dms.dot.gov, or at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL

– 401, on the plaza level of the Nassif Building, Washington, DC. **FOR FURTHER INFORMATION CONTACT** 

### : Technical information: Wahib Mina, Aerospace Engineer, Airframe Branch, ANM

– 120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712
– 4137; telephone (562) 627

– 5324; fax (562) 627

– 5210.

Plain language information: Marcia Walters, marcia.walters@faa.gov. Examining the Docket

The AD docket contains the proposed AD, comments, and any final disposition. You can examine the AD docket on the Internet at http:// dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647

– 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the **ADDRESSES** 

### section. **SUPPLEMENTARY INFORMATION** 

### : The FAA proposed to amend 14 CFR part 39 with an AD for certain McDonnell Douglas Model DC

– 9
– 14 and DC

– 9
– 15 airplanes; and Model DC

– 9
– 20, DC

– 9
– 30, DC

– 9
– 40, and DC

– 9
– 50 series airplanes. That action, published in the Federal Register on September 3, 2004 (69 FR 53853), proposed to require repetitive high frequency eddy current inspections to detect cracks in the vertical radius of the upper cap of the center wing rear spar, and repair if necessary. Comments

We provided the public the opportunity to participate in the development of this AD. No comments have been submitted on the proposed AD or on the determination of the cost to the public. Explanation of Change Made to the Final Rule

We have updated the manufacturer name from McDonnell Douglas to Boeing for Service Bulletin DC9

– 57
– 223, dated July 21, 2003, which is referenced in this AD as the appropriate source of service information for the required actions. This change is necessary to adhere to the Office of the Federal Register ’ s guidelines for materials incorporated by reference. Conclusion

We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any

## 65523 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations operator nor increase the scope of the AD. Costs of Compliance

This AD affects about 396 airplanes of U.S. registry and 963 airplanes worldwide. The required inspection will take about 3 work hours per airplane, per inspection cycle, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S operators is $77,220, or $195 per airplane, per inspection cycle. Regulatory Findings

We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.

For the reasons discussed above, I certify that this AD:

(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.

We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the **ADDRESSES** 

### section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment ■ 

### Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2004 – 23 – 11 McDonnell Douglas: Amendment 39

– 13866. Docket No. FAA

– 2004
– 18994; Directorate Identifier 2003
–NM

– 210
–AD. Effective Date (A) This AD becomes effective December 20, 2004. Affected ADs

(b) None. Applicability

(c) This AD applies to certain McDonnell Douglas Model DC

– 9
– 14, DC

– 9
– 15, DC

– 9
– 21, DC

– 9
– 31, DC

– 9
– 32, DC

– 9
– 32 (VC

– 9C), DC

– 9
– 32F, DC

– 9
– 33F, DC

– 9
– 34, DC

– 9
– 34F, DC

– 9
– 32F (C

– 9A, C

– 9B), DC

– 9
–41, and DC

– 9
– 51 airplanes, certificated in any category; as listed in Boeing Service Bulletin DC9

– 57
– 223, dated July 21, 2003. Unsafe Condition

(d) This AD was prompted by reports of cracks in the upper cap of the center wing rear spar that resulted from stress corrosion. We are issuing this AD to detect and correct cracking of the left or right upper cap of the center rear spar, which could cause a possible fuel leak and structural failure of the upper cap, and result in reduced structural integrity of the airplane. Compliance

(e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection

(f) At the later of the times specified in paragraph (f)(1) or (f)(2) of this AD: Do a high frequency eddy current inspection to detect cracks in the vertical radius of the upper cap of the center wing rear spar, in accordance with the Accomplishment Instructions of Boeing Service Bulletin DC9

– 57
– 223, dated July 21, 2003.

(1) Before the accumulation of 25,000 total flight cycles.

(2) Within 15,000 flight cycles or 5 years after the effective date of this AD, whichever occurs first. Corrective Action

(g)(1) If no crack is found, then repeat the inspection thereafter at intervals not to exceed 15,000 flight cycles or 5 years, whichever occurs first.

(2) If any crack is found, before further flight, repair per a method approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA. For a repair method to be approved by the Manager, Los Angeles ACO, as required by this paragraph, the Manager ’ s approval letter must specifically refer to this AD. Alternative Methods of Compliance (AMOCs)

(h) The Manager, Los Angeles ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Material Incorporated by Reference

(i) You must use Boeing Service Bulletin DC9

– 57
– 223, dated July 21, 2003, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approves the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the service information, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. CI

– L5A (D800

– 0024). For information on the availability of this material at the National Archives and Records Administration (NARA), call (202) 741

– 6030, or go to http://www.archives.gov/federal

_register/ code

_ of
_ federal

_regulations/ ibr

_locations.html. You may view the AD docket at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL

– 401, Nassif Building, Washington, DC.

Issued in Renton, Washington, on November 1, 2004. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 24934 Filed 11

– 12
– 04; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **M** 

### DEPARTMENT OF TRANSPORTATION **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. 2002 –**  **NM –**  **153 –** **AD; Amendment 39**  **– 13859; AD 2004**  **– 23**  **– 04]**  **RIN 2120 –** **AA64** 

### Airworthiness Directives; Airbus Model **A319 and A320 Series Airplanes AGENCY**  

### : Federal Aviation Administration, DOT. **ACTION** 

### : Final rule. **SUMMARY** 

### : This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A319 and A320 series airplanes, that requires a modification and replacement affecting all fuel tanks. All affected airplanes require the installation of fuses in the wiring of the fuel quantity indicating probes of all fuel tanks. Some affected airplanes also require replacement of the high-level sensors of the additional center tanks (ACTs) with new sensors. For all affected airplanes, these actions are necessary to prevent overheating of the fuel probes due to a short circuit. For some affected airplanes, these actions are necessary to prevent fuel leakage due to inadequate space for thermal expansion within the ACTs. Such conditions could result in fuel vapors or fuel contacting an ignition source and/or consequent fire/ explosion in the center fuel tanks. These actions are intended to address the identified unsafe condition. **DATES** 

### : Effective December 20, 2004.

The incorporation by reference of certain publications listed in the