39818 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80, e-mail 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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. 

Issued in Renton, Washington on June 29, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–16550 Filed 7–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0383; Directorate 

Identifier 2009–NM–214–AD; Amendment 

39–16362; AD 2010–14–17] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747SR, 

and 747SP Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 747–100, 747–100B, 747–100B 

SUD, 747–200B, 747–200C, 747–200F, 

747–300, 747–400, 747SR, and 747SP 

series airplanes. This AD requires 

repetitive detailed inspections of certain 

overwing intercostal webs, and related 

investigative and corrective actions if 

necessary. This AD results from reports 

of cracks in overwing intercostal webs. 

We are issuing this AD to detect and 

correct such cracking, which could grow 

and result in a severed intercostal. If an 

intercostal is severed, cracks could 

develop in the adjacent frame structure 

and skin, resulting in a rapid loss of 

cabin pressure. 

DATES: This AD is effective August 17, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 17, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model 747–100, 747–100B, 747– 

100B SUD, 747–200B, 747–200C, 747– 

200F, 747–300, 747–400, 747SR, and 

747SP series airplanes. That NPRM was 

published in the Federal Register on 

April 21, 2010 (75 FR 20792). That 

NPRM proposed to require repetitive 

detailed inspections of certain overwing 

intercostal webs, and related 

investigative and corrective actions if 

necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Boeing supports the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 86 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

TABLE—ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection ... 4 $85 None ........... $340 per inspection cycle 86 $29,240 per inspection cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

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 


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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations 39819 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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 AD: 

2010–14–17 The Boeing Company: 

Amendment 39–16362. Docket No. 

FAA–2010–0383; Directorate Identifier 

2009–NM–214–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

is effective August 17, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747SR, 

and 747SP series airplanes, certificated 

in any category; as identified in Boeing 

Alert Service Bulletin 747–53A2750, 

dated August 27, 2009. 

Subject 

(d) Air Transport Association (ATA) 

of America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of 

cracks in overwing intercostal webs 

between station (STA) 1160 and STA 

1220. The Federal Aviation 

Administration is issuing this AD to 

detect and correct such cracking, which 

could grow and result in a severed 

intercostal. If an intercostal is severed, 

cracks could develop in the adjacent 

frame structure and skin, resulting in a 

rapid loss of cabin pressure. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed 

within the compliance times specified, 

unless the actions have already been 

done. 

Repetitive Inspections of the Overwing 

Intercostal Web 

(g) Before the accumulation of 8,000 

total flight cycles, or within 1,500 flight 

cycles after the effective date of this AD, 

whichever occurs later: Do a detailed 

inspection of the left-side and right-side 

STAs 1160, 1180, 1200, and 1220 

overwing intercostal webs, and do all 

applicable related investigative and 

corrective actions, in accordance with 

the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747– 

53A2750, dated August 27, 2009, except 

as required by paragraph (i) of this AD. 

Do all applicable related investigative 

and corrective actions before further 

flight. If no cracking is found during any 

detailed inspection, repeat the 

inspection thereafter at intervals not to 

exceed 3,000 flight cycles. 

(h) For any airplane with an overwing 

intercostal web replaced in accordance 

with Boeing Alert Service Bulletin 747– 

53A2750, dated August 27, 2009: 

Within 6,000 flight cycles after the web 

was replaced, do a detailed inspection 

of the replacement overwing intercostal 

web, and do all applicable related 

investigative and corrective actions, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service 

Bulletin 747–53A2750, dated August 27, 

2009, except as required by paragraph 

(i) of this AD. Do all applicable related 

investigative and corrective actions 

before further flight. If no cracking is 

found during any detailed inspection, 

repeat the inspection thereafter at 

intervals not to exceed 3,000 flight 

cycles. 

Exception to Service Bulletin 

(i) If any cracking is found during any 

inspection required by this AD, and 

Boeing Alert Service Bulletin 747– 

53A2750, dated August 27, 2009, 

specifies contacting Boeing for 

appropriate action: Before further flight, 

repair the cracking using a method 

approved in accordance with the 

procedures provided in paragraph (j) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this 

AD, if requested using the procedures 

found in 14 CFR 39.19. Send 

information to Attn: Ivan Li, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification 

Office (ACO), 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 917–6437; fax (425) 

917–6590. Information may be e-mailed 

to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance 

time for this AD, follow the procedures 

in 14 CFR 39.19. Before using any 

approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) 

or principal avionics inspector (PAI), as 

appropriate, or lacking a principal 

inspector, your local Flight Standards 

District Office. The AMOC approval 

letter must specifically reference this 

AD. 

(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 the Boeing Commercial 

Airplanes Organization Designation 

Authorization that has been authorized 

by the Manager, Seattle ACO, to make 

those findings. For a repair method to be 

approved, the repair must meet the 

certification basis of the airplane, and 

the approval must specifically refer to 

this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Alert Service 

Bulletin 747–53A2750, dated August 27, 

2009, to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal 

Register approved the incorporation by 

reference of this service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) For service information identified 

in this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(3) You may review copies of the 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

(4) You may also review copies of the 

service information that is incorporated 


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39820 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations 

by reference 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. 

Issued in Renton, Washington, on June 25, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–16435 Filed 7–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 772 

[FHWA Docket No. FHWA–2008–0114] 

RIN 2125–AF26 

Procedures for Abatement of Highway 

Traffic Noise and Construction Noise 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal regulations on the Procedures 

for Abatement of Highway Traffic Noise 

and Construction Noise. The final rule 

clarifies and adds definitions, the 

applicability of this regulation, certain 

analysis requirements, and the use of 

Federal funds for noise abatement 

measures. 

DATES: Effective date: July 13, 2011. 

Incorporation by reference: The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register as of July 13, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Ferroni, Office of Natural and 

Human Environment, (202) 366–3233, 

or Mr. Robert Black, Office of the Chief 

Counsel, (202) 366–1359, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This document and all comments 

received by the DOT Docket Facility, 

Room PL–401, may be viewed through 

www.regulations.gov. Regulations.gov is 

available 24 hours each day, 365 days 

each year. Electronic submission and 

retrieval help and guidelines are 

available under the help section of this 

Web site. 

An electronic copy of this document 

may be downloaded by using a 

computer, modem, and suitable 

communications software from the 

Government Printing Office’s Electronic 

Bulletin Board Service at (202) 512– 

1661. Internet users may also reach the 

Office of the Federal Register’s home 

page at: http://www.archives.gov and the 

Government Printing Office’s Web page 

at: http://www.access.gpo.gov/nara. 

Background 

The FHWA developed the noise 

regulation as required by section 136 of 

the Federal-Aid Highway Act of 1970 

(codified at 23 U.S.C. 109(i)). The 

regulation applies to highway 

construction projects where a State 

department of transportation has 

requested Federal funding for 

participation in the project. The FHWA 

noise regulation, found at 23 CFR 772, 

requires a highway agency to investigate 

traffic noise impacts in areas adjacent to 

federally funded highways for the 

proposed construction of a highway on 

a new location or the reconstruction of 

an existing highway that either 

significantly changes the horizontal or 

vertical alignment or increases the 

number of through-traffic lanes. If the 

highway agency identifies impacts, it 

must consider abatement. The highway 

agency must incorporate all feasible and 

reasonable noise abatement into the 

project design. 

The FHWA published the ‘‘Highway 

Traffic Noise Analysis and Abatement 

Policy and Guidance’’ (Policy and 

Guidance), dated June 1995 (available at 

http://www.fhwa.dot.gov/environment/ 

noise/polguide/polguid.pdf), which 

provides guidance and policy on 

highway traffic and construction noise 

abatement procedures for Federal-aid 

projects. While updating the 1995 

Policy and Guidance, the FHWA 

determined that certain changes to the 

noise regulations were necessary. 

As a result, the FHWA published a 

Notice of Proposed Rulemaking (NPRM) 

on September 17, 2009 (74 FR 47762). 

This final rule amends sections 772.1, 

772.5 to 772.17, and Table 1—Noise 

Abatement Criteria. Sections 772.3 and 

772.19 are not amended by this final 

rule, and Appendix A—National 

Reference Energy Mean Emission Levels 

as a Function of Speed, is removed by 

this final rule. This final rule also 

reorganizes various sections and parts of 

sections throughout the NPRM to 

institute a more logical order in the 

regulation. This reorganization does not 

change the meaning of the regulation 

and is not substantive in nature. 

In the preamble of the NPRM, the 

FHWA specifically asked for comments 

on the cost of abatement, third party 

funding for abatement, and maintaining 

a noise abatement inventory. The 

FHWA appreciates the comments 

received on this section. A summary of 

the comments received and the FHWA’s 

response to these comments can be 

found in the discussion of comments 

section. 

The preamble of the NPRM requested 

comments on a proposed timeline for 

highway agencies to revise and have the 

FHWA approve their noise policies. 

Changes to this timeline have been 

made based on the comments received. 

Therefore, highway agencies will need 

to submit their revised noise policy, 

meeting the requirements of this final 

rule, to FHWA for approval within 6 

months from the publication date of this 

final rule. The FHWA will review the 

highway agency’s revised noise policy 

for conformance to the final rule and 

uniform and consistent application 

nationwide. The highway agency will 

provide FHWA a review schedule for 

approval of their revised noise policy 

that does not exceed 3 months from the 

highway agency’s first submission of the 

revised noise policy to the FHWA. Each 

review of the document by FHWA 

should have a duration of at least 14 

days for the initial and subsequent 

reviews. The highway agency’s main 

point of contact for this review will be 

the FHWA Division Office in their State. 

Each highway agency’s revised noise 

document will be concurrently 

reviewed by three FHWA offices to 

ensure uniform and consistent 

application of this final rule nationwide 

(one from the respective Division Office, 

one from the Resource Center, and one 

from Headquarters). Failure to submit a 

revised noise policy in accordance with 

the final rule could result in a delay in 

FHWA’s approval of Federal-aid 

highway projects that require a noise 

analysis. The highway agency would be 

required to implement the new standard 

no later than 12 months from the date 

this final rule was published in the 

Federal Register. 

Grandfathering to the pre-final rule of 

23 CFR 772 should be considered for 

Federal-aid highway projects for which 

the Categorical Exclusion, Finding of No 

Significant Impact, or Record of 

Decision has been signed by the 

effective date of this final rule. The State 

highway agency should coordinate with 

their FHWA Division Office to 

determine which projects, if any, should 

be completed under the previous 23 

CFR 772 and highway agency’s 

previously approved noise policy. 

The FHWA has updated the Policy 

and Guidance document to reflect what 

is presented in this final rule. Highway 


jlentini on DSKJ8SOYB1PROD with RULES