52046 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

airplanes, remove from service stage 5 LPT 

disks and stage 6 LPT disks listed in Figure 

4 of GE ASB No. CF34–BJ S/B 72–A0148 

Revision 02, dated May 24, 2005. 

Optional Terminating Action 

(m) Replacement of an affected stage 5 LPT 

disk or affected stage 6 LPT disk, with a disk 

not listed in Figure 3 or Figure 4 of GE ASB 

No. CF34–AL S/B 72–A0173 Revision 05, 

dated May 24, 2005 or not listed in Figure 

3 or Figure 4 of GE ASB No. CF34–BJ S/B 72–

A0148, Revision 02, dated May 24, 2005 is 

terminating action to the repetitive 

inspections and removals required by this 

AD for that disk. 

Terminating Action 

(n) As terminating action to the repetitive 

inspections and removals in this AD, replace 

all disks by January 1, 2013 that are listed in 

Figure 3 and Figure 4 of GE ASB No. CF34–

AL S/B 72–A0173, Revision 05, dated May 

24, 2005, and that are listed in Figure 3 and 

Figure 4 of GE ASB No. CF34-BJ 72–A0148, 

Revision 02, dated May 24, 2005. 

Actions Completed Per Previous Releases of 

Alert Service Bulletins 

(o) Actions completed before the effective 

date of this AD using GE ASB No. CF34–AL 

S/B 72–A0173, dated April 2, 2004; or 

Revision 01, dated May 20, 2004; or Revision 

02, dated June 22, 2004; or Revision 03, dated 

July 20, 2004; or Revision 04, dated February 

7, 2005; or GE ASB No. CF34–BJ S/B 72–

A0148, dated September 2, 2004; or Revision 

01, dated March 10, 2005, are considered 

acceptable for compliance with the 

corresponding action in this AD. 

Serviceable LPT Disk Definition 

(p) For the purpose of this AD, a 

serviceable LPT disk is a disk not listed in 

Figure 3 or Figure 4 of GE ASB No. CF34–

AL S/B 72–A0173 Revision 05, dated May 24, 

2005, or Figure 3 or Figure 4 of GE ASB No. 

CF34–BJ 72–A0148, Revision 02, dated May 

24, 2005. 

Piece-Part Exposure Definitions 

(q) For the purpose of this AD, the 

definition of piece part exposure for the stage 

5 LPT disk is when the disk is separated from 

the forward and aft bolted joints. 

(r) For the purpose of this AD, the 

definition of piece part exposure for the stage 

6 LPT disk is when the disk is separated from 

the forward bolted joint. 

Replacement Engine or Replacement LPT 

Module Definition 

(s) For the purpose of this AD, the 

definition of a replacement engine or 

replacement LPT module is an engine or LPT 

module that does not have installed any of 

the suspect disks listed in Figure 3 or Figure 

4 of GE ASB No. CF34–AL S/B 72–A0173 

Revision 05, dated May 24, 2005, or Figure 

3 or Figure 4 of GE ASB No. CF34–BJ 72–

A0148, Revision 02, dated May 24, 2005. 

Alternative Methods of Compliance 

(t) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(u) GE ASB No. CF34–AL S/B 72–A0178 

and ASB No. CF34–BJ S/B 72–A0152 contain 

the information necessary to identify and 

inspect the suspect disks that are the subject 

of this AD. 

Issued in Burlington, Massachusetts, on 

August 26, 2005. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17400 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22254; Directorate 

Identifier 2005–NM–001–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–9–10, DC–9–20, 

DC–9–30, DC–9–40, and DC–9–50 

Series Airplanes; McDonnell Douglas 

Model DC–9–81 (MD–81), DC–9–82 

(MD–82), DC–9–83 (MD–83), and DC–9–

87 (MD–87) Airplanes; McDonnell 

Douglas Model MD–88 Airplanes; 

McDonnell Douglas Model MD–90–30 

Airplanes; and McDonnell Douglas 

Model 717–200 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain McDonnell Douglas transport 

category airplanes. This proposed AD 

would require an inspection to 

determine the part number of the upper 

and lower stop pad support fittings of 

all the lower cargo doors, repetitive 

inspections of all early configuration 

stop pad support fittings, and corrective 

action if necessary. This proposed AD 

would also provide an optional 

terminating action for the repetitive 

inspections. This proposed AD is 

prompted by a report of cracks found in 

the area of the upper and lower stop pad 

support fittings of the cargo door pan on 

numerous airplanes. We are proposing 

this AD to prevent cracks in the cargo 

door pan, which could result in the 

inability to fully pressurize an airplane 

and possible rapid decompression of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by October 17, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By 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. 

For service information identified in 

this proposed 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 the contents of this 

AD docket on the Internet at http:// 

dms.dot.gov, or in person 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. 

This docket number is FAA–2005–

22254; the directorate identifier for this 

docket is 2005–NM–001–AD. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Moreland, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5238; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–22254; Directorate Identifier 

2005–NM–001–AD’’ in the subject line 

of your comments. We specifically 

invite comments on the overall 

regulatory, economic, environmental, 

and energy aspects of the proposed AD. 

We will consider all comments 

submitted by the closing date and may 

amend the proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 52047 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you can visit http:// 

dms.dot.gov. 

Examining the Docket 

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. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

We have received a report indicating 

that an operator found cracks in the area 

of the upper and lower stop pad support 

fittings of the cargo door pan, on 

numerous McDonnell Douglas Model 

DC–9 airplanes. These airplanes had 

accumulated between 23,944 and 32,735 

total flight hours (and between 23,626 

and 30,598 total flight cycles, 

respectively). We have also been 

notified that these early configuration 

stop pad support fittings could have 

been installed on the lower cargo doors 

of Model MD–90–30 and Model 717–

200 airplanes during airplane 

production. Early configuration stop 

pad support fittings could fail and cause 

cracks along the top and bottom of the 

cargo door pan. This condition, if not 

corrected, could result in the inability to 

fully pressurize an airplane and possible 

rapid decompression of the airplane. 

Other Related Rulemaking 

On May 8, 1996, we issued AD 96–

10–11, amendment 39–9618 (61 FR 

24675, May 16, 1996), applicable to 

certain McDonnell Douglas Model DC–

9 and DC–9–80 series airplanes, Model 

MD–88 airplanes, and C–9 (military) 

series airplanes. Paragraph (b) of that 

AD requires initial and repetitive 

inspections to detect cracks in several 

areas in accordance with the DC–9/MD–

80 Aging Aircraft Service Action 

Requirements Document, McDonnell 

Douglas Report No. MDC K1572, 

Revision B, dated January 15, 1993 

(hereafter referred to as SARD, Revision 

B). SARD, Revision B, refers to several 

McDonnell Douglas service bulletins as 

additional sources of service 

information for accomplishing those 

various inspections. 

In particular, SARD, Revision B, refers 

to McDonnell Douglas DC–9 Service 

Bulletin 52–89 (for Model DC–9–10, 

DC–9–20, DC–9–30, DC–9–40, and DC–

9–50 series airplanes), Revision 5, dated 

February 26, 1991, for inspecting the 

forward and aft lower cargo doors to 

detect cracks. Those inspections are 

identical to the repetitive inspections 

that would be required by this proposed 

AD, in accordance with Boeing Service 

Bulletin DC9–52–189, Revision 01, 

dated March 20, 2003. Therefore, 

accomplishing the repetitive 

inspections, which would be required 

by this proposed AD, terminates the 

repetitive inspections of the forward 

and aft lower cargo doors required by 

paragraph (b) of AD 96–10–11. 

McDonnell Douglas DC–9 Service 

Bulletin 52–89, Revision 5; and 

Revision 6, dated January 11, 1993; also 

describe procedures for doing a 

preventative modification. The 

preventative modification includes 

installing doublers, fittings, webs, 

angles, clips, and other structural parts 

in the forward and aft lower cargo 

doors. If early configuration stop pad 

support fittings are installed on a lower 

cargo door, this proposed AD would 

reinstate inspections of the lower cargo 

doors at the same inspection interval, 

regardless of whether the preventative 

modification of McDonnell Douglas DC–

9 Service Bulletin DC9–52–89, Revision 

5, or Revision 6, has been previously 

accomplished. 

Relevant Service Information 

We have reviewed the following 

Boeing Service Bulletins: 

• DC9–52–189, Revision 01, 

excluding Appendix A, dated March 20, 

2003, for McDonnell Douglas Model 

DC–9–10, DC–9–20, DC–9–30, DC–9–40, 

DC–9–50 series airplanes; Model DC–9–

81 (MD–81), DC–9–82 (MD–82), DC–9–

83 (MD–83), and DC–9–87 (MD–87) 

airplanes; and Model MD–88 airplanes; 

• MD90–52–014, dated December 14, 

2004, for McDonnell Douglas Model 

MD–90–30 airplanes; and 

• 717–52–0007, dated December 14, 

2004, for McDonnell Douglas Model 

717–200 airplanes. 

The service bulletins describe the 

following procedures: 

• For certain airplanes, inspecting to 

determine the part number of the upper 

and lower stop pad support fittings of 

lower cargo doors. 

• If any early configuration stop pad 

support fitting is installed on a lower 

cargo door, doing either repetitive visual 

or repetitive eddy current inspections 

for cracks in the lower cargo door. 

For Boeing Service Bulletins MD90–

52–014 and 717–52–0007, the corrective 

action includes contacting the 

manufacturer for repair instructions if 

any crack is found in the door jamb or 

jamb structure of a lower cargo door. 

For Boeing Service Bulletin DC9–52–

189, the corrective action includes the 

following: 

• Repairing any crack found in the 

door outer skin. 

• Replacing cracked parts, if cracks 

are found in the two adjacent beam end 

fittings; or if cracks are found in any 

beam end fitting with the intercostal 

web, angle, or tee fitting for any cracked 

upper or lower stop pad support fitting. 

• Repetitively inspecting for crack 

growth and additional cracks, if cracks 

are found inside any pressure seal other 

than the outer pan; if multiple cracks 

totaling 10 inches or less are found 

inside the pressure seal of the outer pan; 

if no more than two cracks, each 1.25 

inches or less in length, are found 

outside the pressure seal of the outer 

pan; or if only one crack 2.0 inches or 

less in length is found outside the 

pressure seal of the outer pan. 

• Repairing any cracked outer pan, if 

multiple cracks totaling more than 10 

inches are found inside the pressure 

seal of the outer pan; if more than 2 

cracks, or any crack longer than 2.5 

inches or two cracks with either one 

longer than 1.75 inches, are found 

outside the pressure seal of the outer 

pan; if no more than 2 cracks, each 

longer than 1.25 inches in length but 

less than 1.75 inches, are found outside 

the pressure seal of the outer pan; or if 

no more than one crack, longer than 2.0 

inches in length but less than 2.5 

inches, is found in the outer pressure 

boundary of the outer pan. 

The service bulletins also describe the 

following procedures, which would end 

the applicable repetitive visual or 

repetitive eddy current inspections: 

• Replacing all early configuration 

stop pad support fittings installed on 

any lower cargo door with new 

configuration or new stop pad support 

fittings. 

• Reidentifying the applicable lower 

cargo door after replacement of the early 

configuration stop pad support fittings. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. 

52048 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and Service Bulletins.’’

Differences Between the Proposed AD 

and Service Bulletins 

The service bulletins specify that you 

may contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions in 

one of the following ways: 

• Using a method that we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by an 

Authorized Representative for the 

Boeing Delegation Option Authorization 

Organization whom we have authorized 

to make those findings. 

For airplanes identified as Group 1 in 

Boeing Service Bulletin DC9–52–189, 

Revision 01, the service bulletin 

recommends doing the initial inspection 

of the lower cargo doors for cracks 

‘‘* * * within the next 300 flight hours 

on airplanes having in excess of 8,000 

flight hours, if not currently inspected 

* * *.’’ This proposed AD, however, 

would require a compliance time of 

within 300 flight hours after the 

effective date of this AD, since all Group 

1 airplanes already have exceeded the 

8,000 total-flight-hour threshold. 

The service bulletins recommend not 

to remove and reinstall a lower cargo 

door on another airplane after that lower 

cargo door has been inspected in 

accordance with the applicable service 

bulletin. This proposed AD, however, 

does not prohibit reinstallation of a 

lower cargo door on another airplane. 

We have coordinated this difference 

with the manufacturer. 

Clarification of Inspection Terminology 

‘‘Visually inspecting’’ as specified in 

the service bulletins is referred to as a 

‘‘general visual inspection’’ in this 

proposed AD. We have included the 

definition for a general visual inspection 

in a note in this proposed AD. 

Costs of Compliance 

There are about 2,016 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators, at an 

average labor rate of $65 per hour, to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Parts Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection to determine part numbers for Group 2, 3, and 4 

airplanes identified in Boeing Service Bulletin DC9–52–

189; Model MD–90–30 airplanes; and Model 717–200 airplanes.

1 None ........... $65 1,218 $79,170 

Inspection for cracks for Group 1 airplanes identified in 

Boeing Service Bulletin DC9–52–189, per inspection 

cycle.

4 None ........... 1$260 368 1$95,680 

1Per 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 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

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 proposed 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, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

McDonnell Douglas: Docket No. FAA–2005–

22254; Directorate Identifier 2005–NM–

001–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by October 17, 2005. 

Affected ADs 

(b) Accomplishing paragraph (g) or (h), as 

applicable, of this AD terminates certain 

requirements of AD 96–10–11, amendment 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 52049 

39–9618, as specified in McDonnell Douglas 

DC–9 Service Bulletin 52–89, Revision 5, 

dated February 26, 1991. 

Applicability 

(c) This AD applies to the airplanes 

specified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category. 

(1) All McDonnell Douglas Model DC–9–

11, DC–9–12, DC–9–13, DC–9–14, DC–9–15, 

DC–9–15F, 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; Model 

DC–9–81 (MD–81), DC–9–82 (MD–82), DC–

9–83 (MD–83), DC–9–87 (MD–87) airplanes; 

Model MD–88 airplanes; and Model MD–90–

30 airplanes; and 

(2) Model 717–200 airplanes, as identified 

in Boeing Service Bulletin 717–52–0007, 

dated December 14, 2004. 

Unsafe Condition 

(d) This AD was prompted by a report of 

cracks found in the area of the upper and 

lower stop pad support fittings of the cargo 

door pan on numerous airplanes. We are 

issuing this AD to prevent cracks in the cargo 

door pan, which could result in the inability 

to fully pressurize an airplane and possible 

rapid decompression 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. 

Service Bulletin References 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the following service 

bulletins, as applicable: 

(1) For Model DC–9–11, DC–9–12, DC–9–

13, DC–9–14, DC–9–15, DC–9–15F, 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; Model DC–9–81 (MD–81) 

airplanes; Model DC–9–82 (MD–82), DC–9–

83 (MD–83), DC–9–87 (MD–87) airplanes; 

and Model MD–88 airplanes: Boeing Service 

Bulletin DC9–52–189, Revision 01, excluding 

Appendix A, dated March 20, 2003; 

(2) For Model MD–90–30 airplanes: Boeing 

Service Bulletin MD90–52–014, dated 

December 14, 2004; and 

(3) For Model 717–200 airplanes: Boeing 

Service Bulletin 717–52–0007, dated 

December 14, 2004. 

Determine Part Numbers (P/Ns) and Inspect 

if Necessary 

(g) For airplanes identified in Table 1 of 

this AD: At the compliance time specified in 

Table 1 of this AD, inspect to determine the 

part number of the upper and lower stop pad 

support fittings of the lower cargo doors, in 

accordance with the Accomplishment 

Instructions of the service bulletin, as 

applicable. If new configuration or new 

upper and lower stop pad support fittings, as 

identified in the applicable service bulletin, 

are found installed on all lower cargo doors, 

then no further action is required by this 

paragraph. If any early configuration stop pad 

support fitting is found installed on any 

lower cargo door, within 300 flight hours, do 

the inspection specified in either paragraph 

(g)(1) or (g)(2) of this AD, in accordance with 

the Accomplishment Instructions of the 

service bulletin, until the replacement 

specified in paragraph (k) of this AD is 

accomplished. 

(1) Do a general visual inspection for 

cracks in any lower cargo door having an 

early configuration stop pad support fitting. 

Repeat the general visual inspection 

thereafter at intervals not to exceed 1,700 

flight hours. 

(2) Do an eddy current inspection for 

cracks in any lower cargo door having an 

early configuration stop pad support fitting. 

Repeat the eddy current inspection thereafter 

at intervals not to exceed 3,900 flight hours. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

TABLE 1.—COMPLIANCE TIMES TO DETERMINE P/N 

Applicable airplanes Compliance time 

Airplanes identified as Group 2, 3, and 4 in paragraph 1.D. of Boeing 

Service Bulletin DC9–52–189, Revision 01, dated March 20, 2003.

Within 300 flight hours after the effective date of this AD. 

Model MD–90–30 airplanes and Model 717–200 airplanes .................... Before the accumulation of 25,000 total flight hours, or within 3,900 

flight hours after the effective date of this AD, whichever is later. 

Repetitive Inspections for Certain Airplanes 

(h) For airplanes identified as Group 1 in 

paragraph 1.D. of Boeing Service Bulletin 

DC9–52–189, Revision 01, dated March 20, 

2003: At the applicable compliance time 

specified in Table 2 of this AD, do the 

inspection specified in either paragraph (g)(1) 

or (g)(2) of this AD, in accordance with the 

Accomplishment Instructions of the service 

bulletin. Repeat the inspection thereafter at 

the interval specified in paragraph (g)(1) or 

(g)(2), as applicable, until the replacement 

specified in paragraph (k) of this AD is 

accomplished. Inspections also may be done 

in accordance with the Accomplishment 

Instructions of McDonnell Douglas DC–9 

Service Bulletin 52–89, Revision 5, dated 

February 26, 1991; or Revision 6, dated 

January 11, 1993. 

TABLE 2.—COMPLIANCE TIMES FOR INSPECTION

For airplanes that have— Compliance time 

Been inspected before the effective date of this AD in accordance with 

paragraph (b) of AD 96–10–11 as specified in Phase I of the Accomplishment Instructions of McDonnell Douglas DC–9 Service Bulletin 

52–89, Revision 5, dated February 26, 1991, or Revision 6, dated 

January 11, 1993.

Within 1,700 flight hours after the last general visual inspection, or 

within 3,900 flight hours after the last eddy current inspection, as applicable. 

Not been inspected before the effective date of this AD in accordance 

with paragraph (b) of AD 96–10–11 as specified in Phase I of the 

Accomplishment Instructions of McDonnell Douglas DC–9 Service 

Bulletin 52–89, Revision 5, dated February 26, 1991, or Revision 6, 

dated January 11, 1993.

Within 300 flight hours after the effective date of this AD. 

52050 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

Corrective Actions for Certain Airplanes 

(i) For Model MD–90–30 airplanes and 

Model 717–200 airplanes: If any crack is 

found in the door jamb or jamb structure of 

a lower cargo door during any inspection 

required by paragraph (g)(1) or (g)(2) of this 

AD, and the service bulletin specifies 

contacting Boeing for appropriate action, 

before further flight, repair the crack using a 

method in accordance with paragraph (o) of 

this AD. 

Corrective Actions for Certain Other 

Airplanes 

(j) For Model DC–9–11, DC–9–12, DC–9–

13, DC–9–14, DC–9–15, DC–9–15F, 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, DC–9–51 

airplanes; Model DC–9–81 (MD–81), DC–9–

82 (MD–82), DC–9–83 (MD–83), and DC–9–

87 (MD–87) airplanes; and Model MD–88 

airplanes: If any crack is found during any 

inspection required by paragraph (g)(1), 

(g)(2), or (h) of this AD, do the corrective 

action at the applicable compliance time 

specified in paragraph 1.E. of the service 

bulletin, in accordance with the 

Accomplishment Instructions of the service 

bulletin, as applicable. 

Optional Replacement of Stop Pad Support 

Fittings 

(k) For all airplanes: Replacement of all 

early configuration stop pad support fittings 

installed on a lower cargo door with new 

configuration or new stop pad support 

fittings, as identified in the applicable service 

bulletin; and reidentification of the 

applicable lower cargo door; in accordance 

with the Accomplishment Instructions of the 

applicable service bulletin; terminates the 

repetitive inspections required by paragraphs 

(g)(1), (g)(2), and (h) of this AD, as applicable, 

for that lower cargo door only. 

Parts Installation 

(l) For all airplanes: As of the effective date 

of this AD, no person may install an early 

configuration stop pad support fitting having 

P/N 3925046–1, –501, –505, –507, or –509, or 

P/N 3926046–1 or –501, on any airplane. 

Credit for Previous Service Bulletin 

(m) Actions done before the effective date 

of this AD in accordance with Boeing Service 

Bulletin DC9–52–189, dated August 10, 2001, 

are acceptable for compliance with the 

corresponding requirements of this AD. 

Terminating Action for Certain 

Requirements of AD 96–10–11 

(n) For Model DC–9–11, DC–9–12, DC–9–

13, DC–9–14, DC–9–15, DC–9–15F, 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: Accomplishing the replacement 

specified in paragraph (k) of this AD for the 

forward and aft lower cargo doors terminates 

the repetitive inspections of the forward and 

aft lower cargo doors for cracks required by 

paragraph (b) of AD 96–10–11 as specified in 

McDonnell Douglas DC–9 Service Bulletin 

52–89, Revision 5, dated February 26, 1991. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Los Angeles Aircraft 

Certification Office (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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on August 

24, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17402 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–U 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 310 

[Docket No. 2005N–0345] 

RIN 0910–AF72 

Drug Approvals: Circumstances Under 

Which an Active Ingredient May Be 

Simultaneously Marketed in Both a 

Prescription Drug Product and an 

Over-the-Counter Drug Product 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing this 

advance notice of proposed rulemaking 

to request comment on whether to 

initiate a rulemaking to codify its 

interpretation of section 503(b) of the 

Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 301, et seq.), regarding when 

an active ingredient may be 

simultaneously marketed in both a 

prescription drug product and an overthe-counter (OTC) drug product. 

DATES: Submit written or electronic 

comments by November 1, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2005N–0345 

and/or RIN number 0910–AF72, by any 

of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD-ROM submissions]: 

Division of Dockets Management, 5630 

Fishers Lane, rm. 1061, Rockville, MD 

20852 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by 

e-mail. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 

Electronic Submissions portion of this 

paragraph. 

Instructions: All submissions received 

must include the agency name and 

Docket No. or Regulatory Information 

Number (RIN) for this rulemaking. All 

comments received will be posted 

without change to http://www.fda.gov/ 

ohrms/dockets/default.htm, including 

any personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm and insert the docket 

number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact the FDA at 

301–827–0002 or by e-mail at 

pcomments@fda.gov. This phone 

number and this e-mail account have 

been set-up to address questions relating 

to this notice. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since Congress first enacted the 

Federal Food, Drug, and Cosmetic act 

(the act) in 1938, there has been a great 

deal of discussion about when drug 

products should be sold as prescription 

drugs as opposed to OTC drugs.