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

35238 Federal Register / Vol. 69, No. 121 / Thursday, June 24, 2004 / Rules and Regulations 

(required by AD 94–17–01, amendment 

39–8996 (59 FR 41653, August 15, 

1994)), or Boeing Service Bulletin 747–

53–2307, Revision 1, dated August 27, 

1992 (required by AD 94–12–09). The 

commenter states that the ‘‘full 

modifications’’ are sufficient to detect 

and remove damage, and that the postmodification inspections required by 

AD 94–12–09 and the SSID AD (AD 94–

15–18, amendment 39–8989, 59 FR 

41233, August 11, 1994)) provide an 

equivalent level of safety in detecting 

subsequent damage. 

We do not agree that the external 

LFEC inspections should not be 

required for operators that have 

accomplished the modifications 

required by Boeing Alert Service 

Bulletin 747–53A2267 or Boeing Service 

Bulletin 747–53–2307. We have 

received reports from the manufacturer 

of corrosion on airplanes on which the 

full modification had been 

accomplished. While the re-sealing 

process included in the full 

modification does provide some level of 

improvement in surface protection, it 

does not provide enough of an 

improvement to prevent corrosion. 

We also do not agree that the postmodification inspections required by 

AD 94–12–09 and the SSID AD (AD 94–

15–18) provide an equivalent level of 

safety. The post-modification external 

high frequency eddy current (HFEC) 

inspections required by AD 94–12–09 

and AD 94–17–01 address cracks only 

in the upper row on the surface of the 

upper skin. The external LFEC 

inspections required by this AD address 

corrosion beneath the surface, at the 

interface between the upper and lower 

skins. We have not changed the final 

rule regarding these issues. 

Include Alternative Method of 

Compliance (AMOC) for Repaired 

Airplanes 

The same commenter suggests that the 

proposed AD include specific 

instructions for conducting inspections 

where existing repairs may interfere 

with or obstruct the required 

inspections. The commenter also 

suggests that these potential 

obstructions will result in an exorbitant 

number of requests for AMOCs, and that 

the industry and the FAA are ill 

equipped to handle the number of 

requests. Further, the manufacturer has 

informed the commenter that a revision 

to Boeing Alert Service Bulletin 747–

53A2463 (which is referenced in this 

AD as the appropriate source of service 

information for the required actions) is 

being prepared to include instructions 

to account for existing repairs. 

While we agree that it would be 

preferable to cite specific instructions 

for inspections at repaired areas, we 

cannot include such instructions until 

we receive the revised service bulletin 

from the manufacturer. At that time, we 

will review the revised service bulletin 

and, upon our approval of the new 

requirements, we will consider further 

rulemaking. We have not changed the 

final rule regarding this issue.

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. 

Change to Labor Rate Estimate 

We have reviewed the figures we have 

used over the past several years to 

calculate AD costs to operators. To 

account for various inflationary costs in 

the airline industry, we find it necessary 

to increase the labor rate used in these 

calculations from $60 per work hour to 

$65 per work hour. The cost impact 

information, below, reflects this 

increase in the specified hourly labor 

rate. 

Cost Impact 

There are approximately 86 airplanes 

of the affected design in the worldwide 

fleet. The FAA estimates that 55 

airplanes of U.S. registry will be affected 

by this proposed AD, that it will take 

approximately 5,334 work hours per 

airplane to accomplish the inspections, 

and that the average labor rate is $65 per 

work hour. Based on these figures, the 

cost impact of this AD on U.S. operators 

is estimated to be $19,069,050, or 

$346,710 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:

2004–13–02 Boeing: Amendment 39–13682. 

Docket 2002–NM–149–AD.

Applicability: Model 747–100, –200B, and 

–200F series airplanes, as listed in Boeing 

Alert Service Bulletin 747–53A2463, dated 

March 7, 2002; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To find and fix discrepancies in the upper 

and lower skins of the fuselage lap joints, 

which could result in sudden fracture and 

failure of a lap joint and rapid in-flight 

decompression of the airplane fuselage, 

accomplish the following: 

Initial and Repetitive Inspections 

(a) Do the applicable (initial and repetitive) 

inspections as specified in Figures 2 through 

8, as applicable, of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2463, including Appendices A, B, 

and C, dated March 7, 2002, to find 

discrepancies (cracking and corrosion) in the 

upper and lower skins of the fuselage lap 

joints. Do the inspections at the applicable 

times specified in Figure 1 of the

Federal Register / Vol. 69, No. 121 / Thursday, June 24, 2004 / Rules and Regulations 35239

Accomplishment Instructions of the alert 

service bulletin, in accordance with the alert 

service bulletin; except that where Figure 1 

specifies a compliance time of ‘‘after the 

release date of this service bulletin,’’ this AD 

requires a compliance time of ‘‘after the 

effective date of this AD.’’ Where Figure 1 

specifies a compliance time of ‘‘flight cycles’’

this AD requires a compliance time of ‘‘total 

flight cycles.’’

(b) Where Boeing Alert Service Bulletin 

747–53A2463, including Appendices A, B, 

and C, dated March 7, 2002, specifies that the 

manufacturer may be contacted for certain 

inspection procedures, inspect 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. 

Adjustments to Compliance Time: Cabin 

Differential Pressure 

(c) For the purposes of calculating the 

compliance threshold and repetitive interval 

for the inspections required by paragraph (a) 

of this AD: Flight cycles in which cabin 

differential pressure is at 2.0 pounds per 

square inch (psi) or less need not be counted 

when determining the number of flight cycles 

that have occurred on the airplane, provided 

that flight cycles with momentary spikes in 

cabin differential pressure above 2.0 psi are 

included as full pressure flight cycles. For 

this provision to apply, all cabin pressure 

records must be maintained for each 

airplane. No fleet-averaging of cabin pressure 

is allowed. 

Repair 

(d) Before further flight, repair any 

discrepancy (cracking or corrosion) found 

during any inspection required by paragraph 

(a) of this AD, per the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2463, including Appendices A, B, 

and C, dated March 7, 2002. If any 

discrepancy is found and the alert service 

bulletin specifies that the manufacturer may 

be contacted for disposition of certain 

repairs, before further flight, repair per a 

method approved by the Manager, Seattle 

ACO; or per data meeting the type 

certification basis of the airplane approved 

by a Boeing Company DER who has been 

authorized by the Manager, Seattle ACO, to 

make such findings. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, is authorized to 

approve alternative methods of compliance 

for this AD. 

Incorporation by Reference 

(f) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Alert Service Bulletin 747–53A2463, 

including Appendices A, B, and C, dated 

March 7, 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 

(g) This amendment becomes effective on 

July 29, 2004.

Issued in Renton, Washington, on June 9, 

2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–13866 Filed 6–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18231; Directorate 

Identifier 2004–NM–94–AD; Amendment 39–

13683; AD 2004–05–12 R1] 

RIN 2120–AA64

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD) for 

certain Bombardier Model CL–600–

2B19 (Regional Jet Series 100 & 440) 

airplanes. That AD currently requires 

repetitive inspections of the left and 

right engine throttle control gearboxes 

for wear, and corrective action if 

necessary. This AD limits the 

applicability of the existing AD, extends 

the compliance time for the initial 

inspection, and clarifies the reporting 

requirement. This AD is prompted by 

numerous failures of the engine throttle 

control gearbox, some of which resulted 

in an in-flight engine shutdown. We are 

issuing this AD to prevent excessive 

wear of the gearboxes and subsequent 

movement or jamming of the engine 

throttle; movement of the throttle 

towards the idle position brings it close 

to the fuel shut-off position, which 

could result in an in-flight engine 

shutdown.

DATES: Effective July 9, 2004. 

The incorporation by reference of 

Bombardier Service Bulletin 601R–76–

019, Revision ‘‘A,’’ dated February 19, 

2004, listed in the AD, is approved by 

the Director of the Federal Register as of 

July 9, 2004. 

On March 25, 2004 (69 FR 11293, 

March 10, 2004), the Director of the 

Federal Register approved the 

incorporation by reference of 

Bombardier Service Bulletin 601R–76–

019, dated August 21, 2003. 

We must receive any comments on 

this AD by August 23, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• DOT Docket web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You can get the service information 

identified in this AD from Bombardier, 

Inc., Canadair, Aerospace Group, P.O. 

Box 6087, Station Centre-ville, 

Montreal, Quebec H3C 3G9, Canada. 

You may 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 may 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.

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes.