This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

72599 

Vol. 70, No. 233 

Tuesday, December 6, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23196; Directorate 

Identifier 2005–NM–187–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200C, –200F, –400, –400D, 

and –400F Series 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 Boeing Model 747–200C, –200F, 

–400, –400D, and –400F series 

airplanes. This proposed AD would 

require repetitive inspections for cracks 

in the overlapping (upper) skin, upper 

fastener row of the lap joints of the 

fuselage skin in sections 41, 42, and 46; 

and related investigative and corrective 

actions, if necessary. This proposed AD 

results from fatigue tests and an analysis 

that identified areas of the fuselage lap 

joints where fatigue cracks can occur. 

We are proposing this AD to detect and 

correct fatigue cracks in the overlapping 

(upper) skin, upper fastener row of the 

lap joints of the fuselage skin in sections 

41, 42, and 46, which could adversely 

affect the structural integrity of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by January 20, 2006. 

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. 

• 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. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for the service 

information identified in this proposed 

AD. 

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: 

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 in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2005–23196; Directorate 

Identifier 2005–NM–187–AD’’ at the 

beginning 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 received 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 

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 may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may 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 Docket 

Management System receives them. 

Discussion 

We have received a report indicating 

that the airplane manufacturer has 

completed extended pressure fatigue 

tests on 747–100SR and 747–400 

fuselage test articles. Analysis of these 

test results have identified areas of the 

fuselage lap joints where fatigue cracks 

can occur on Boeing Model 747–200C, 

–200F, –400, –400D, and –400F series 

airplanes. Fatigue cracks in the 

overlapping (upper) skin, upper fastener 

row of the lap joints of the fuselage skin 

in sections 41, 42, and 46, if not 

detected and corrected in a timely 

manner, could adversely affect the 

structural integrity of the airplane. 

Other Relevant Rulemaking 

We have previously issued AD 94– 

12–04, amendment 39–8932 (59 FR 

30277, June 13, 1994), applicable to 

certain Boeing Model 747–100, –200, 

–300, 747SP, and 747SR series 

airplanes. That AD requires repetitive 

inspections to detect cracking in the 

upper row of certain fuselage skin lap 

joints, and repair, if necessary. This 

proposed AD addresses a similar unsafe 

condition on a different group of 

airplanes and would not affect the 

current requirements of AD 94–12–04. 

We also previously issued AD 2004– 

07–22, amendment 39–13566 (69 FR 

18250, April 7, 2004), applicable to all 

Boeing Model 747 series airplanes. (A 

final rule correction was published in 

the Federal Register on May 3, 2004 (69 

FR 24063)). That AD requires that the 

FAA-approved maintenance inspection 

program be revised to include 

inspections that will give no less than 

the required damage tolerance rating for 

each structural significant item, and 

repair or cracked structure. The 

proposed AD would not affect the 

current requirements of that AD. 

72600 Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Proposed Rules 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 747–53A2499, dated 

August 11, 2005. The service bulletin 

describes procedures for repetitive 

external surface high frequency eddy 

current (HFEC), external low frequency 

eddy current (LFEC), and internal LFEC 

inspections, as applicable, for cracks in 

the overlapping (upper) skin, upper 

fastener row of the lap joints of the 

fuselage skin in sections 41, 42, and 46; 

and any applicable related investigative 

and corrective actions, if necessary. The 

related investigative actions involve 

doing open-hole HFEC inspections of 

the fastener holes to find the total crack 

length. The corrective actions involve 

repairing any cracked lap joint and 

doing open-hole HFEC inspection of the 

skin at all existing fastener locations 

common to the repair. The intervals for 

doing the repetitive inspections are 

1,500, 2,400, or 3,000 flight cycles, 

depending on the airplane 

configuration. Accomplishing the 

actions specified in the service 

information is intended to adequately 

address the unsafe condition. 

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. For this reason, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Difference Between the Proposed AD 

and Service Bulletin.’’

Difference Between Proposed Rule and 

Service Bulletin 

The service bulletin specifies to 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing 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 Commercial Airplanes 

Delegation Option Authorization 

Organization whom we have authorized 

to make those findings. 

Costs of Compliance 

There are about 796 airplanes of the 

affected design in the worldwide fleet. 

This proposed AD would affect about 

153 airplanes of U.S. registry. The 

proposed inspections would take about 

534 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the proposed AD for U.S. 

operators is $5,310,630, or $34,710 per 

airplane, 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 

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 and placed it in the 

AD docket. 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Boeing: Docket No. FAA–2005–23196; 

Directorate Identifier 2005–NM–187–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by January 20, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747–

200C, –200F, –400, –400D, and –400F series 

airplanes, certificated in any category; as 

identified in Boeing Alert Service Bulletin 

747–53A2499, dated August 11, 2005. 

Unsafe Condition 

(d) This AD results from fatigue tests and 

an analysis that identified areas of the 

fuselage lap joints where fatigue cracks can 

occur. We are issuing this AD to detect and 

correct fatigue cracks in the overlapping 

(upper) skin, upper fastener row of the lap 

joints of the fuselage skin in sections 41, 42, 

and 46, which could adversely affect the 

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. 

Initial Inspections and Related Investigative 

and Corrective Actions 

(f) At the applicable time specified in Table 

1 of this AD: Do an external surface high 

frequency eddy current (HFEC), external low 

frequency eddy current (LFEC), and internal 

LFEC inspections, as applicable, for cracks in 

the overlapping (upper) skin, upper fastener 

row of the lap joints of the fuselage skin in 

sections 41, 42, and 46, and any applicable 

related investigative and corrective actions 

by doing all of the actions in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–53A2499, dated 

August 11, 2005, except as provided by 

paragraph (h) of this AD. Do any applicable 

related investigative and corrective actions 

before further flight. 

Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Proposed Rules 72601 

TABLE 1.—INITIAL COMPLIANCE TIME

For airplanes on which Structural Significant 

Items (SSIs) F–25G, F–25H, and F–25I— Inspect— 

(1) Have not been inspected in accordance with 

paragraph (d) of AD 2004–07–22, amendment 39–13566, using the HFEC method.

Before the accumulation of 22,000 total flight cycles, or within 1,000 flight cycles after the effective date of this AD, whichever occurs later. 

(2) Have been inspected in accordance with 

paragraph (d) of AD 2004–07–22, amendment 39–13566, using the HFEC method.

Within 3,000 flight cycles after the most recent Supplemental Structural Inspection Document 

(SSID) inspection of each applicable structural significant item (as given in Boeing Document D6–35022, ‘‘SSID for Model 747 Airplanes,’’ Revision G, dated December 2000), or 

within 1,000 flight cycles after the effective date of this AD, whichever occurs later. 

Repetitive Inspections 

(g) Repeat the applicable inspections 

required by paragraph (f) of this AD 

thereafter at intervals not to exceed those 

specified in paragraph 1.E., ‘‘Compliance’’

(including the note) of Boeing Alert Service 

Bulletin 747–53A2499, dated August 11, 

2005. 

Exception to Service Bulletin Instructions 

(h) Where the service bulletin specifies to 

contact Boeing for appropriate action, before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle 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) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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. 

Issued in Renton, Washington, on 

November 17, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–23654 Filed 12–5–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23197; Directorate 

Identifier 2005–NM–109–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 

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 Model DC–

9–10, DC–9–20, DC–9–30, DC–9–40, and 

DC–9–50 series airplanes. This 

proposed AD would require repetitive 

inspections for stress corrosion cracks of 

the main fuselage frame, and corrective 

actions if necessary. This proposed AD 

also would provide an optional 

terminating action for the repetitive 

inspections. This proposed AD results 

from several reports of cracking of the 

main fuselage frame. We are proposing 

this AD to detect and correct stress 

corrosion cracking of the main fuselage 

frame, which could result in extensive 

damage to adjacent structure, and 

reduced structural integrity of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by January 20, 2006. 

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. 

• 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. 

Contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024), for the service information 

identified in this proposed AD. 

FOR FURTHER INFORMATION CONTACT: 

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. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘FAA–2005–23197; 

Directorate Identifier 2005–NM–109–

AD’’ at the beginning 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 received 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 

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 may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR