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

17030

Vol. 60, No. 64

Tuesday, April 4, 1995

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–255–AD]

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Boeing Model 747 series airplanes, that

currently requires repetitive inspections

for cracking in the inboard strut-todiagonal brace attach fittings and repair

or replacement, if necessary. This action

would require an additional inspection

of those attach fittings, and additional

inspections in an area beyond that

specified in the existing AD. This action

also would provide an optional

terminating action for the required

inspections, and would expand the

applicability of the existing AD to

include additional airplanes. This

proposal is prompted by reports of

cracking and severing of the attach

fittings. The actions specified by the

proposed AD are intended to prevent

failure of the strut and separation of an

engine from the airplane due to cracking

of the inboard strut-to-diagonal brace

attach fittings.

DATES: Comments must be received by

May 30, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

255–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

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.

FOR FURTHER INFORMATION CONTACT: Tim

Backman, Aerospace Engineer, Airframe

Branch, ANM–120S, Seattle Aircraft

Certification Office, FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (206) 227–2776;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–NM–255–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

94–AD–255–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On August 13, 1979, the FAA issued

AD 79–17–07, amendment 39–3533 (44

FR 50033, August 27, 1979), applicable

to certain Boeing Model 747 series

airplanes, to require repetitive visual

inspections for cracking in the inboard

strut-to-diagonal brace attach fittings,

and repair or replacement, if necessary.

That action was prompted by reports of

cracking in the inboard strut-to-diagonal

brace attach fittings. The requirements

of that AD are intended to prevent

structural failure of these attach fittings,

and the consequent separation of an

engine from the airplane.

Since the issuance of that AD, the

FAA has received additional reports of

cracking of inboard strut-to-diagonal

brace attach fittings. On one airplane

that had accumulated 14,151 landings, a

12-inch long crack was detected and, in

another case, a severed fitting was

reported on an airplane that had

accumulated 15,323 landings.

Investigation has revealed that the

cracking was caused by fatigue. These

airplanes had been inspected in

accordance with AD 79–17–07. Cracking

of the attach fittings, if not detected and

corrected in a timely manner, could

result in failure of the strut and

separation of an engine from the

airplane.

The FAA has reviewed and approved

Boeing Service Bulletin 747–54–2062,

Revision 7, dated December 21, 1994,

which describes the following:

1. Procedures for repetitive visual and

high frequency eddy current (HFEC)

inspections for cracking of the inboard

strut-to-diagonal brace attach fittings;

2. Procedures for reinspections of

certain attach fittings at decreased

intervals; and

3. Procedures for replacement of

certain attach fittings with serviceable

fittings.

This service bulletin also describes

procedures for accomplishment of a

modification that entails removing the

aluminum attach fittings and replacing

them with steel fittings.

Accomplishment of this modification

eliminates the need for inspections of

the subject area. (This modification is

part of the ‘‘Boeing Model 747 Strut and

Wing Structural Modification Program,’’

described in Boeing Service Bulletin

747–54A2159, dated November 3, 1994.)

Revision 7 of this service bulletin also

describes additional action to be
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Proposed Rules 17031

accomplished on airplanes on which the

‘‘terminating modification,’’ as provided

by AD 79–17–07, was previously

installed. This additional action

involves sealing a gap between the

fitting and the existing closure web,

which can be accomplished by either

installing a new closure web, or

fabricating and installing a new seal

plate.

The manufacturer also has identified

additional Model 747 series airplanes

that are subject to the same cracking

conditions addressed by AD 79–17–07;

therefore, those additional airplanes are

included in the effectivity listing of

Revision 7 of the service bulletin.

Based on these data, the FAA has

determined that, in addition to adding

airplanes to the applicability of this AD,

additional actions also are necessary on

airplanes that have been inspected in

accordance with AD 79–17–07. The

FAA finds that repetitive visual

inspections and repetitive surface HFEC

inspections must be accomplished on

the attach fittings. Additionally, the

FAA finds that certain attach fittings

with known cracking must be inspected

at a decreased interval and the attach

fitting must be replaced, if necessary.

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

supersede AD 79–17–07 to continue to

require repetitive visual inspections to

detect cracking of the inboard strut-todiagonal brace attach fittings, and

replacement or repair of the cracking, if

necessary. This proposal would add

repetitive HFEC inspections to detect

cracks of the attach fittings. This

proposal also would require that certain

attach fittings with cracks be

reinspected at decreased intervals, and

would require subsequent replacement

of the attach fittings of airplanes with

certain known cracking. The actions

would be required to be accomplished

in accordance with the service bulletin

described previously.

Additionally, this proposal also

would expand the applicability of the

rule to include additional affected

airplanes.

This proposal also provides for an

optional terminating modification for

the requirements of the proposed AD.

This optional modification entails

removing the aluminum attach fittings

and replacing them with steel fittings.

By a separate rulemaking action [refer to

Notice of Proposed Rulemaking, Docket

94–NM–187–AD, (59 FR 65733,

December 21, 1994)], the FAA is

proposing to require the mandatory

accomplishment of this modification

(described in Boeing Alert Service

Bulletin 747–54A2159, dated November

3, 1994) as part of a ‘‘Strut and Wing

Structural Modification Program’’

developed by Boeing. The intent of that

program is to address the cracking

condition and other items associated

with the engine struts on Boeing Model

747 series airplanes.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this requirement.

There are approximately 367 Model

747 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 152 airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 11 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $100,320, or $660 per

airplane, per inspection cycle.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Should an operator elect to

accomplish the terminating

modification that would be provided by

this AD action, it would take

approximately 176 work hours to

accomplish it, at an average rate of $60

per work hour. The cost of required

parts would be $4,752. Based on these

figures, the total cost impact of the

terminating modification would be

$15,312 per airplane.

The regulations proposed herein

would not have substantial direct effects

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,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–3533 (44 FR

50033, August 27, 1979), and by adding

a new airworthiness directive (AD), to

read as follows:

Boeing: Docket 94–NM–255–AD. Supersedes

AD 79–17–07, Amendment 39–3533.

Applicability: Model 747 series airplanes;

as listed in Boeing Service Bulletin 747–54–

2062, Revision 7, dated December 21, 1994;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (g) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe
17032 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Proposed Rules

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the strut and

subsequent loss of an engine, accomplish the

following:

Note 2: Paragraph (a) of this AD restates the

requirements for initial and repetitive visual

inspections contained in paragraphs A., and

C., respectively, of AD 79–17–07, amendment

39–3583. Therefore, for operators who have

previously accomplished at least the initial

inspection in accordance with AD 79–17–07,

paragraph (a) of this AD requires that the

next scheduled inspection be performed

within the intervals specified in (a)(1) or

(a)(2), as applicable, after the last inspection

performed in accordance with paragraph A.

or C. of AD 79–17–07.

(a) For airplanes listed in Boeing Service

Bulletin 747–54–2062, dated August 17,

1979: Prior to the accumulation of 5,000 total

landings on the airplane, or within 500 hours

time-in-service after September 4, 1979 (the

effective date of AD 79–17–07, Amendment

39–3533), whichever occurs later, perform a

visual inspection of the forward lower

diagonal brace fittings of the inboard pylon

to detect cracking, in accordance with Boeing

Service Bulletin 747–54–2062, dated August

17, 1979, or Revision 7, dated December 21,

1994; or in accordance with a method

approved by the Manager, Seattle Aircraft

Certification Office, FAA, Transport Airplane

Directorate. After the effective date of this

AD, only Revision 7 of the service bulletin

shall be used.

Note 3: Inspections performed prior to the

effective date of this AD are considered in

compliance with this paragraph if performed

in accordance with Boeing Service Bulletin

747–54–2062, Revision 1, dated November

13, 1980; Revision 2, dated March 19, 1981;

Revision 3, dated August 28, 1981; Revision

4, dated June 30, 1982; Revision 5, dated June

1, 1984; or Revision 6, dated October 2, 1986.

(1) If no cracking is detected, repeat the

inspections at intervals not to exceed 1,000

landings until all affected fittings are

replaced with steel fittings in accordance

with Revision 7 of the service bulletin.

(2) If any cracking is detected, prior to

further flight, accomplish either paragraph

(a)(2)(i) or (a)(2)(ii) of this AD until the

inspections required by paragraph (b) of this

AD are accomplished.

(i) Repair or replace the cracked fitting in

accordance with the service bulletin; or

(ii) Rework the cracked fitting in

accordance with the service bulletin as

required by paragraph (b) of this AD.

Thereafter, repeat the inspections at intervals

not to exceed 250 landings until the

reworked fitting is replaced with a

serviceable fitting, or until the inspections

required by paragraph (b) of this AD are

accomplished.

(b) For airplanes as listed in Boeing Service

Bulletin 747–54–2062, Revision 7, dated

December 21, 1994: Perform a detailed visual

inspection and a surface high frequency eddy

current (HFEC) inspection to detect cracking

of the inboard strut-to-diagonal brace attach

fittings, in accordance with the service

bulletin at the time specified in either

paragraph (b)(1) or (b)(2) of this AD, as

applicable.

(1) For airplanes on which a cracked fitting

has been reworked in accordance with

Boeing Service Bulletin 747–54–2062, dated

August 17, 1979: Perform the inspections

within 250 landings since the last inspection

performed in accordance with paragraph

(a)(2)(ii) of this AD.

(2) For airplanes other than those

identified in paragraph (b)(1) of this AD:

Perform the inspections at the earlier of the

times specified in paragraph (b)(2)(i) or

(b)(2)(ii) of this AD.

(i) Prior to the accumulation of 5,000 total

landings on the airplane, or within 1,000

landings after the effective date of this AD,

whichever occurs later; or

(ii) Within 1,000 landings since the last

inspection performed in accordance with

paragraph (a) of this AD.

(c) If no cracking is detected during the

inspections required by paragraph (b) of this

AD, repeat the inspections thereafter at

intervals not to exceed 1,000 landings.

(d) If more than one crack is found during

any inspection required by this AD, or if any

crack is detected that is beyond the limits

specified in Boeing Service Bulletin 747–54–

2062, Revision 7, dated December 21, 1994,

prior to further flight, replace the attach

fitting with a steel fitting in accordance with

the service bulletin.

(e) If any transverse or longitudinal crack

is found during the inspection required by

paragraph (b) of this AD, and that crack is

within the limits specified by Boeing Service

Bulletin 747–54–2062, Revision 7, dated

December 21, 1994: Prior to further flight,

stop drill the crack in accordance with the

service bulletin, and accomplish the

requirements of either paragraph (e)(1) or

(e)(2) of this AD, as applicable.

(1) For any transverse crack that is found,

accomplish the following:

(i) Prior to further flight, remove the

affected fastener and perform an open-hole

HFEC inspection to detect cracking of the

fastener hole, in accordance with the service

bulletin. Thereafter, repeat this inspection

within 125 landings.

(ii) Repeat the inspections required by

paragraph (b) of this AD within 125 landings

after performing them initially.

(iii) If any crack is found during the

inspections required by this paragraph and

the crack is beyond the limits specified in the

service bulletin, prior to further flight,

replace the attach fitting with a steel fitting

in accordance with the service bulletin.

(iv) Prior to the accumulation of 250

landings following the detection of the

transverse cracking, unless previously

accomplished, replace the attach fitting with

a steel fitting in accordance with the service

bulletin.

(2) For any longitudinal crack that is

found, accomplish the following:

(i) Repeat the inspection required by

paragraph (b) of this AD at intervals not to

exceed 250 landings.

(ii) Prior to the accumulation of 1,000

landings following detection of the

longitudinal cracking, replace the attach

fitting with a steel fitting in accordance with

the service bulletin.

(f) Replacement of the attach fittings of the

strut-to-diagonal brace with steel fittings, in

accordance with Boeing Service Bulletin

747–54–2062, Revision 7, dated December

21, 1994, constitutes terminating action for

the requirements of this AD.

(g) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(h) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on March

29, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8174 Filed 4–3–95; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR PART 248

Request for Comments Concerning

Guides for the Beauty and Barber

Equipment and Supplies Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

SUMMARY: The Federal Trade

Commission (the ‘‘Commission’’)

requests public comments on its Guides

for the Beauty and Barber Equipment

and Supplies Industry. The Commission

is also requesting comments about the

overall costs and benefits of the Guides

for the Beauty and Barber Equipment

and Supplies Industry and their overall

regulatory and economic impact as a

part of its systematic review of all

current Commission regulations and

guides.

DATES: Written comments will be

accepted until June 5, 1995.

ADDRESSES: Comments should be

directed to: Secretary, Federal Trade

Commission, Room H–159, Sixth Street

and Pennsylvania Ave., NW.,

Washington, DC 20580. Comments

about the Guides for the Beauty and