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Federal Register / Vol. 70, No.

60 / Wednesday, March 30, 2005 / Proposed Rules 16177

section for a location to examine the replace that transmission output gear before to identify and implement procedures to
regulatory evaluation. further flight. ensure the continued structural
Parts Installation airworthiness of aging transport
List of Subjects in 14 CFR Part 39
(g) As of the effective date of this AD, no
category airplanes. We are proposing
Air transportation, Aircraft, Aviation person may install a trailing edge flap this AD to detect and correct fatigue
safety, Safety. transmission assembly, part number (P/N) cracking of the hinge fitting assembly of
The Proposed Amendment 251N4050–37, –38, –39, or –40, having any the inboard leading edge slats, which
serial number (S/N) 001 through 325 could result in reduced structural
Accordingly, under the authority inclusive; or P/N 251N4022–28, –29, –30, or integrity of the slat system. This
delegated to me by the Administrator, –31, having any S/N 001 through 325 condition could result in loss of the
the FAA proposes to amend 14 CFR part inclusive; on any airplane; unless the inboard leading edge slat and could
39 as follows: transmission assembly has been inspected, cause the flightcrew to lose control of
and any applicable related investigative and
corrective actions and part marking has been
the airplane.
PART 39—AIRWORTHINESS
accomplished, in accordance with the DATES: We must receive comments on
DIRECTIVES
Accomplishment Instructions of Boeing this proposed AD by May 16, 2005.
1. The authority citation for part 39 Special Attention Service Bulletin 757–27– ADDRESSES: Use one of the following
continues to read as follows: 0150, dated December 9, 2004. addresses to submit comments on this
Authority: 49 U.S.C. 106(g), 40113, 44701. Alternative Methods of Compliance proposed AD.
(AMOCs) • DOT Docket Web site: Go to
§ 39.13 [Amended] (h) The Manager, Seattle Aircraft http://dms.dot.gov and follow the
2. The FAA amends § 39.13 by adding Certification Office, FAA, has the authority to instructions for sending your comments
the following new airworthiness approve AMOCs for this AD, if requested in electronically.
directive (AD): accordance with the procedures found in 14 • Government-wide rulemaking Web
CFR 39.19. site: Go to http://www.regulations.gov
Boeing: Docket No. FAA–2005–20726;
Directorate Identifier 2004–NM–265–AD. Issued in Renton, Washington, on March and follow the instructions for sending
21, 2005. your comments electronically.
Comments Due Date
Ali Bahrami, • Mail: Docket Management Facility,
(a) The Federal Aviation Administration Manager, Transport Airplane Directorate, U.S. Department of Transportation, 400
(FAA) must receive comments on this AD Aircraft Certification Service. Seventh Street SW., Nassif Building,
action by May 16, 2005. room PL–401, Washington, DC 20590.
[FR Doc. 05–6250 Filed 3–29–05; 8:45 am]
Affected ADs • By fax: (202) 493–2251.
BILLING CODE 4910–13–P
• Hand Delivery: room PL–401 on the
(b) None.
plaza level of the Nassif Building, 400
Applicability Seventh Street SW., Washington, DC,
DEPARTMENT OF TRANSPORTATION
(c) This AD applies to Boeing Model 757– between 9 a.m. and 5 p.m., Monday
200, –200CB, and –200PF series airplanes, Federal Aviation Administration through Friday, except Federal holidays.
certificated in any category, as identified in You can get the service information
Boeing Special Attention Service Bulletin 14 CFR Part 39 identified in this proposed AD from
757–27–0150, dated December 9, 2004. Boeing Commercial Airplanes, P.O. Box
[Docket No. FAA–2005–20725; Directorate 3707, Seattle, Washington 98124–2207.
Unsafe Condition Identifier 2003–NM–250–AD]
(d) This AD was prompted by a report You may examine the contents of this
indicating that cracked flap transmission RIN 2120–AA64 AD docket on the Internet at http://
output gears have been discovered during dms.dot.gov, or at the Docket
routine overhaul of the trailing edge flap Airworthiness Directives; Boeing Management Facility, U.S. Department
transmission assemblies. We are issuing this Model 707–300B, –300C, and –400 of Transportation, 400 Seventh Street
AD to prevent an undetected flap skew, Series Airplanes SW., room PL–401, on the plaza level of
which could result in a flap loss, damage to the Nassif Building, Washington, DC.
adjacent airplane systems, and consequent AGENCY: Federal Aviation
Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT:
reduced controllability of the airplane.
ACTION: Notice of proposed rulemaking Candice Gerretsen, Aerospace Engineer,
Compliance Airframe Branch, ANM–120S, FAA
(NPRM).
(e) You are responsible for having the Seattle Aircraft Certification Office,
actions required by this AD performed within SUMMARY: The FAA proposes to adopt a 1601 Lind Avenue SW., Renton,
the compliance times specified, unless the new airworthiness directive (AD) for all Washington 98055–4056; telephone
actions have already been done. Boeing Model 707–300B, –300C, and (425) 917–6428; fax (425) 917–6590.
Inspection To Determine Part Number and –400 series airplanes. This proposed AD SUPPLEMENTARY INFORMATION:
Serial Number would require repetitive inspections to
detect cracked or broken hinge fitting Docket Management System (DMS)
(f) Within 60 months after the effective
date of this AD: Do an inspection of each assemblies of the inboard leading edge The FAA has implemented new
trailing edge flap transmission assembly to slats, and corrective action if necessary. procedures for maintaining AD dockets
determine the part number and serial This proposed AD would provide as an electronically. As of May 17, 2004, new
number, and any applicable related option a preventive modification, which AD actions are posted on DMS and
investigative and corrective actions and part would defer the repetitive inspections. assigned a docket number. We track
marking, by accomplishing all of the This proposed AD also would provide each action and assign a corresponding
applicable actions specified in the
Accomplishment Instructions of Boeing
an option of replacing all hinge fitting directorate identifier. The DMS AD
Special Attention Service Bulletin 757–27– assemblies with new, improved parts, docket number is in the form ‘‘Docket
0150, dated December 9, 2004. If, during any which would terminate the repetitive No. FAA–2004–99999.’’ The Transport
related investigative action, any transmission inspection requirements. This proposed Airplane Directorate identifier is in the
output gear is found with a defect or crack, AD is prompted by results of a review form ‘‘Directorate Identifier 2004–NM–

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16178 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules

999–AD.’’ Each DMS AD docket also agreed to undertake the task of • A like serviceable part on which the
lists the directorate identifier (‘‘Old identifying and implementing preventative modification (described
Docket Number’’) as a cross-reference procedures to ensure the continued below) has been done. This replacement
for searching purposes. structural airworthiness of aging defers the repetitive inspections for 1.5
transport category airplanes. An times the total flight hours at the time
Comments Invited
Airworthiness Assurance Working of modification for that hinge fitting
We invite you to submit any written Group (AAWG) was established in assembly; or
relevant data, views, or arguments August 1988, with members • A new, improved part. This
regarding this proposed AD. Send your representing aircraft manufacturers, replacement ends the repetitive
comments to an address listed under operators, regulatory authorities, and inspections for that hinge fitting
ADDRESSES. Include ‘‘Docket No. FAA– other aviation industry representatives assembly.
2005–20725; Directorate Identifier worldwide. The objective of the AAWG As an option to the repetitive dye
2003–NM–250–AD’’ in the subject line was to sponsor ‘‘Task Groups’’ to: penetrant inspections, this service
of your comments. We specifically 1. Select service bulletins, applicable bulletin also describes procedures for a
invite comments on the overall to each airplane model in the transport preventive modification, which consists
regulatory, economic, environmental, fleet, to be recommended for mandatory of a magnetic particle inspection and
and energy aspects of the proposed AD. modification of aging airplanes; rework of the hinge fitting assembly.
We will consider all comments 2. Develop corrosion-directed This preventive modification provides a
submitted by the closing date and may inspections and prevention programs; new threshold for doing the repetitive
amend the proposed AD in light of those 3. Review the adequacy of each dye penetrant inspections of the hinge
comments. operator’s structural maintenance fitting assemblies. This service bulletin
We will post all comments we program; also describes procedures for replacing
receive, without change, to http:// all hinge fitting assemblies with new,
4. Review and update the
dms.dot.gov, including any personal improved parts, which ends the
Supplemental Inspection Documents
information you provide. We will also repetitive inspections. We have
(SID); and
post a report summarizing each determined that accomplishment of the
5. Assess repair quality. actions specified in the service bulletin
substantive verbal contact with FAA
Based on the results of this review, will adequately address the unsafe
personnel concerning this proposed AD.
the task group for Boeing Model 707 condition.
Using the search function of that
series airplanes recommended replacing
website, anyone can find and read the FAA’s Determination and Requirements
all hinge fitting assemblies on Boeing
comments in any of our dockets, of the Proposed AD
Model 707–300B, –300C, and –400
including the name of the individual
series airplanes to prevent fatigue We have evaluated all pertinent
who sent the comment (or signed the
cracking of the hinge fitting assembly of information and identified an unsafe
comment on behalf of an association,
the inboard leading edge slats, which condition that is likely to exist or
business, labor union, etc.). You may
could result in reduced structural develop on other airplanes of this same
review DOT’s complete Privacy Act
integrity of the slat system. This type design. Therefore, we are
Statement in the Federal Register
condition could result in loss of the proposing this AD, which would require
published on April 11, 2000 (65 FR
inboard leading edge slat, which could repetitive dye penetrant inspections of
19477–78), or you may visit http://
cause the flightcrew to lose control of the hinge fitting assemblies of the
dms.dot.gov.
We are reviewing the writing style we the airplane. inboard leading edge slats to detect
currently use in regulatory documents. We partially agree with the task cracks or broken parts of the hinge
We are interested in your comments on group’s recommendation. We agree that fitting assemblies of the inboard leading
whether the style of this document is corrective action is necessary to address edge, and corrective action if necessary.
clear, and your suggestions to improve the identified unsafe condition. This proposed AD would provide as an
the clarity of our communications that However, we do not agree with the option a preventive modification, which
affect you. You can get more recommendation to mandate the would defer the repetitive dye penetrant
information about plain language at replacement of all hinge fitting inspections. This proposed AD also
http://www.faa.gov/language and http:// assemblies for the following reasons: would provide an option of replacing all
www.plainlanguage.gov. 1. Accessing the hinge fitting hinge fitting assemblies with new,
assemblies for inspection is easily improved parts, which would terminate
Examining the Docket accomplished; and the repetitive inspection requirements.
You may examine the AD docket in 2. Cracked or broken assemblies are The proposed AD would require you to
person at the Docket Management easily detectable by means of a visual use the service information described
Facility office between 9 a.m. and 5 inspection. previously to perform these actions,
p.m., Monday through Friday, except Relevant Service Information except as discussed under ‘‘Differences
Federal holidays. The Docket Between the Proposed AD and the
Management Facility office (telephone We have reviewed Boeing Service Service Bulletin.’’
(800) 647–5227) is located on the plaza Bulletin 2982, Revision 2, dated October
7, 1977. This service bulletin describes Differences Between the Proposed AD
level of the Nassif Building at the DOT
procedures for doing repetitive dye and the Service Bulletin
street address stated in the ADDRESSES
section. Comments will be available in penetrant inspections to detect cracked The service bulletin gives a new
the AD docket shortly after the DMS or broken hinge fitting assemblies of the inspection threshold following a
receives them. inboard leading edge slats, and preventive modification that is ‘‘equal to
corrective action if necessary. The 1.5 times the accumulated flight hours
Discussion corrective action replaces any cracked at the time of the modification.’’ This
The Air Transport Association (ATA) or broken hinge fitting assembly with preventive modification is included in
of America and the Aerospace the following: paragraph (i) of this proposed AD.
Industries Association (AIA) of America • A like serviceable part; Instead of allowing a threshold that

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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules 16179

multiplies the current number of flight edge slats on the Model 707–400 series Clarification Between the Proposed AD
hours, paragraph (i) proposes to limit airplanes have the same configuration as and the Service Bulletin
the inspection threshold to 15,000 flight that on the affected Model 707–300B The service bulletin allows operators
hours following the preventive and –300C series airplanes. Therefore, to use a ‘‘like serviceable part.’’ For this
modification. We have made this change those Model 707–400 series airplanes proposed AD, we have defined ‘‘like
to the inspection threshold because, may be subject to the same unsafe serviceable part’’ as a serviceable part
when the service bulletin was originally condition as the Model –300B, and listed in the ‘‘Existing’’ part number
released in 1970, the affected airplanes –300C series airplanes. In addition, the column of Table II of the service
had relatively few total flight hours. All procedures in the service bulletin also bulletin that has been inspected and
affected airplanes now have address the unsafe condition on the found to be crack free in accordance
significantly more total flight hours—in Model 707–400 series airplanes. with paragraph (g) of this AD before
one case, more than 90,000. We find installation. A ‘‘new part’’ is a part
that allowing a threshold of 1.5 times The service bulletin does not provide
procedures for repairing any crack listed in the ‘‘Replacement’’ or
the flight hours of any airplane in the ‘‘Optional’’ part number column of
current fleet would not provide an found during the magnetic particle
inspection (part of the preventative Table II of the service bulletin.
adequate level of safety.
modification). This proposed AD would Costs of Compliance
This proposed AD also differs from
the service bulletin in that it applies to require you to do the corrective action This proposed AD would affect about
Boeing Model 707–400 series airplanes specified in paragraph (h) of the 189 Boeing Model 707–300B, –300C,
as well as the Boeing Model 707–300B proposed AD. and –400 series airplanes worldwide.
and –300C series airplanes specified in We have coordinated the differences The following table provides the
the service bulletin. As stated earlier in discussed above with the airplane estimated costs for U.S. operators to
this proposed AD, the inboard leading manufacturer. comply with this proposed AD.

ESTIMATED COSTS
Number of
Average U.S.-reg-
Action Work hours labor rate per Parts Cost per airplane istered air-
hour planes

Dye Penetrant Inspection ....................... 3 $65 None ........ $195 (per inspection cycle) .................... 16
Preventive Modification (Optional) ......... 10 65 None ........ 650 (per inspection) ................................ 16
Terminating Action (Optional) ................. 10 65 $8,220 ...... 8,870 ....................................................... 16

Authority for This Rulemaking on the distribution of power and PART 39—AIRWORTHINESS
The FAA’s authority to issue rules responsibilities among the various DIRECTIVES
regarding aviation safety is found in levels of government.
1. The authority citation for part 39
Title 49 of the United States Code. For the reasons discussed above, I continues to read as follows:
Subtitle I, Section 106, describes the certify that the proposed regulation:
authority of the FAA Administrator. Authority: 49 U.S.C. 106(g), 40113, 44701.
1. Is not a ‘‘significant regulatory
Subtitle VII, Aviation Programs, § 39.13 [Amended]
action’’ under Executive Order 12866;
describes in more detail the scope of the 2. The FAA amends § 39.13 by adding
agency’s authority. 2. Is not a ‘‘significant rule’’ under the
the following new airworthiness
This rulemaking is promulgated DOT Regulatory Policies and Procedures
directive (AD):
under the authority described in (44 FR 11034, February 26, 1979); and
Subtitle VII, Part A, Subpart III, Section Boeing: Docket No. FAA–2005–20725;
3. Will not have a significant Directorate Identifier 2003–NM–250–AD.
44701, ‘‘General requirements.’’ Under economic impact, positive or negative,
that section, Congress charges the FAA on a substantial number of small entities Comments Due Date
with promoting safe flight of civil (a) The Federal Aviation Administration
under the criteria of the Regulatory
aircraft in air commerce by prescribing (FAA) must receive comments on this AD
Flexibility Act.
regulations for practices, methods, and action by May 16, 2005.
procedures the Administrator finds We prepared a regulatory evaluation
Affected ADs
necessary for safety in air commerce. of the estimated costs to comply with
this proposed AD. See the ADDRESSES (b) None.
This regulation is within the scope of
that authority because it addresses an section for a location to examine the Applicability
unsafe condition that is likely to exist or regulatory evaluation. (c) This AD applies to all Boeing Model
develop on products identified in this 707–300B, –300C, and –400 series airplanes,
AD. List of Subjects in 14 CFR Part 39 certificated in any category.
Regulatory Findings Air transportation, Aircraft, Aviation Unsafe Condition
safety, Safety. (d) This AD was prompted by results of a
We have determined that this
proposed AD would not have federalism review to identify and implement procedures
The Proposed Amendment to ensure the continued structural
implications under Executive Order airworthiness of aging transport category
13132. This proposed AD would not Accordingly, under the authority
airplanes. We are proposing this AD to detect
have a substantial direct effect on the delegated to me by the Administrator, and correct fatigue cracking of the hinge
States, on the relationship between the the FAA proposes to amend 14 CFR part fitting assembly of the inboard leading edge
national Government and the States, or 39 as follows: slats, which could result in reduced

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16180 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules

structural integrity of the slat system. This paragraph (i) of this AD, before further flight, SUMMARY: The FAA proposes to adopt a
condition could result in loss of the inboard do the action specified in paragraph (h) of new airworthiness directive (AD) for
leading edge slat and could cause the this AD. certain EMBRAER Model EMB–145 and
flightcrew to lose control of the airplane.
Optional Terminating Action –135 series airplanes. This proposed AD
Compliance (k) Replacement of a hinge fitting assembly would require replacing the horizontal
(e) You are responsible for having the with a new, improved part terminates the stabilizer control unit (HSCU) with a
actions required by this AD performed within repetitive inspection requirements of modified and reidentified or new,
the compliance times specified, unless the paragraph (g) of this AD for that assembly. improved HSCU. For certain airplanes,
actions have already been done. Replacement of all hinge fitting assemblies this proposed AD would also require
with new, improved parts terminates the related concurrent actions as necessary.
Service Bulletin Reference
repetitive inspection requirements of this This proposed AD is prompted by
(f) In this AD, the term ‘‘service bulletin’’ AD. The replacement must be done in
means the Accomplishment Instructions of reports of loss of the pitch trim system
accordance with Part III of the service
Boeing Service Bulletin 2982, Revision 2, bulletin.
due to a simultaneous failure of both
dated October 7, 1977. channels of the HSCU. We are
Actions Accomplished Using a Previous proposing this AD to prevent loss of
Repetitive Inspections Issue of the Service Bulletin pitch trim and reduced controllability of
(g) Before the accumulation of 10,000 total (l) Actions accomplished before the the airplane.
flight hours, or within 1,500 flight hours after effective date of this AD using Boeing Service
the effective date of this AD, whichever DATES: We must receive comments on
Bulletin 2982, Revision 1, dated June 29,
occurs later, do a dye penetrant inspection to this proposed AD by April 29, 2005.
1970, are considered acceptable for
detect cracked or broken hinge fitting compliance with the corresponding action in ADDRESSES: Use one of the following
assemblies of the inboard leading edge slats this AD. addresses to submit comments on this
in accordance with Part I, ‘‘Inspection Data,’’ proposed AD.
of the service bulletin. Repeat the inspection Alternative Methods of Compliance
(AMOCs)
• DOT Docket Web site: Go to
at intervals not to exceed 1,500 flight hours, http://dms.dot.gov and follow the
except as provided by paragraph (i) or (k) of (m)(1) The Manager, Seattle Aircraft
this AD.
instructions for sending your comments
Certification Office (ACO) has the authority
to approve AMOCs for this AD, if requested
electronically.
Corrective Action
using the procedures found in 14 CFR 39.19. • Government-wide rulemaking Web
(h) If any crack or broken assembly is (2) An AMOC that provides an acceptable site: Go to http://www.regulations.gov
found during any inspection required by level of safety may be used for a preventive and follow the instructions for sending
paragraph (g) of this AD, before further flight, modification of hinge fitting assemblies of your comments electronically.
do the action specified in paragraph (h)(1), the inboard leading edge slat if it is approved • Mail: Docket Management Facility,
(h)(2), or (h)(3) of this AD. by an Authorized Representative for the U.S. Department of Transportation, 400
(1) Replace the hinge fitting assembly with Boeing Delegation Option Authorization Seventh Street SW., Nassif Building,
like serviceable part in accordance with Part Organization who has been authorized by the
I of the service bulletin.
room PL–401, Washington, DC 20590.
Manager, Seattle ACO, to make those • By fax: (202) 493–2251.
(2) Replace the hinge fitting assembly with findings. For a repair method to be approved,
like serviceable part on which the • Hand Delivery: Room PL–401 on
the repair must meet the certification basis of
preventative modification specified in the airplane, and the approval must the plaza level of the Nassif Building,
paragraph (i) of this AD has been done, in specifically refer to this AD. 400 Seventh Street SW., Washington,
accordance with Part II of the service DC, between 9 a.m. and 5 p.m., Monday
bulletin. This replacement defers the Issued in Renton, Washington, on March through Friday, except Federal holidays.
repetitive inspection requirements of 17, 2005.
For service information identified in
paragraph (g) of this AD for 15,000 flight Jeffery E. Duven, this proposed AD, contact Empresa
hours for that hinge fitting assembly. Acting Manager, Transport Airplane Brasileira de Aeronautica S.A.
(3) Replace the hinge fitting assembly with Directorate, Aircraft Certification Service.
a new, improved part in accordance with Part
(EMBRAER), P.O. Box 343—CEP 12.225,
[FR Doc. 05–6251 Filed 3–29–05; 8:45 am] Sao Jose dos Campos—SP, Brazil.
III of the service bulletin. This replacement
terminates the repetitive inspection
BILLING CODE 4910–13–P You can examine the contents of this
requirements of paragraph (g) of this AD for AD docket on the Internet at http://
that hinge fitting assembly. dms.dot.gov, or in person at the Docket
DEPARTMENT OF TRANSPORTATION Management Facility, U.S. Department
Note 1: For this AD, a ‘‘like serviceable
part’’ is a serviceable part listed in the of Transportation, 400 Seventh Street
Federal Aviation Administration
‘‘Existing’’ part number column of Table II of SW., room PL–401, on the plaza level of
the service bulletin that has been inspected the Nassif Building, Washington, DC.
and found to be crack free in accordance with 14 CFR Part 39
This docket number is FAA–2005–
paragraph (g) of this AD before installation. 20728; the directorate identifier for this
A ‘‘new part’’ is a part listed in the [Docket No. FAA–2005–20728; Directorate
Identifier 2005–NM–003–AD] docket is 2005–NM–003–AD.
‘‘Replacement’’ or ‘‘Optional’’ part number
column of Table II of the service bulletin. FOR FURTHER INFORMATION CONTACT: Dan
RIN 2120–AA64 Rodina, Aerospace Engineer,
Optional Preventative Modification (Defers International Branch, ANM–116, FAA,
Repetitive Inspections) Airworthiness Directives; Empresa Transport Airplane Directorate, 1601
(i) Do a preventative modification by Brasileira de Aeronautica S.A. Lind Avenue, SW., Renton, Washington
accomplishing all the procedures in Part II of (EMBRAER) Model EMB–145 and –135 98055–4056; telephone (425) 227–2125;
the service bulletin, except as required by Series Airplanes fax (425) 227–1149.
paragraph (j) of this AD. Within 15,000 flight
hours after the preventive modification, do AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
the repetitive inspections in paragraph (g) of Administration (FAA), Department of Comments Invited
this AD at intervals not to exceed 1,500 flight Transportation (DOT).
hours. We invite you to submit any relevant
ACTION: Notice of proposed rulemaking
(j) If any crack is found during the written data, views, or arguments
(NPRM).
preventative modification specified in regarding this proposed AD. Send your

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