[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5781-5783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2477]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-207-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD, 
-200B, -200C, -200F, -300, 747SR, and 747SP Series Airplanes Equipped 
With Pratt & Whitney JT9D-3, -7, -7Q, and -7R4G2 Series Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing transport category 
airplanes listed above, that would have required drilling witness holes 
through the cowl skin at the cowl latch locations in the left-hand side 
of the cowl panel assembly of each engine. This new action revises the 
proposed rule by adding certain airplanes and removing certain JT9D 
engines from the applicability. The actions specified by this new 
proposed AD are intended to prevent improper connection of the latch, 
which could result in separation of a cowl panel from the airplane. 
Such separation could cause damage to the airplane, consequent rapid 
depressurization, and hazards to persons or property on the ground. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by March 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-207-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-anm-

[[Page 5782]]

[email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2002-NM-207-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Dan Kinney, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6499; fax (425) 917-6590.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-207-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-114, Attention: Rules 
Docket No. 2002-NM-207-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -
300, 747SR, and 747SP series airplanes equipped with Pratt & Whitney 
JT9D series engines, was published as a notice of proposed rulemaking 
(NPRM) (hereafter referred to as the ``original NPRM'') in the Federal 
Register on July 9, 2003 (68 FR 40827). That original NPRM would have 
required drilling witness holes through the cowl skin at the cowl latch 
locations in the left-hand side of the cowl panel assembly of each 
engine. That original NPRM was prompted by a report of in-flight 
separation of the cowl panels on the left- and right-hand sides of a 
Model 747 series airplane. That condition, if not corrected, could 
result in damage to the airplane, consequent rapid depressurization, 
and hazards to persons or property on the ground.

Comments

    Due consideration has been given to the comment received in 
response to the original NPRM. That comment, as discussed below, has 
resulted in changes to the supplemental NPRM.

Request for Change in Applicability

    One commenter requests that we remove Pratt & Whitney JT9D-70A 
engines from the applicability of the original NPRM. The commenter 
states that the side cowl panels for JT9D-70A engines have a different 
configuration than the other JT9D series engines.
    We agree. Since Pratt & Whitney JT9D-70A engines have a different 
configuration, the corrective action as specified in paragraph (a) of 
this supplemental NPRM is not applicable to JT9D-70A engines. We have 
revised the applicability of this supplemental NPRM to identify only 
the affected engines.
    The commenter also requests that we add Model 747 series airplanes, 
line numbers 670 to 814 inclusive, to the applicability of the original 
NPRM. The commenter states that since the side cowls are readily 
interchangeable among JT9D series engines equipped on Model 747 series 
airplanes, the applicability should include all delivered Model 747 
series airplanes equipped with JT9D-3, -7, -7Q, and -7R4G2 series 
engines.
    We agree. Since issuance of the original NPRM, we have reviewed and 
approved Revision 1 of Boeing Special Attention Service Bulletin 747-
71-2301, dated August 21, 2003, which adds additional airplanes, line 
numbers 670 through 814 inclusive, to the applicability. We have 
revised this supplemental NPRM to specify the new applicability and to 
reference Revision 1 of the service bulletin as the appropriate source 
of service information for accomplishing the required actions. We have 
also added paragraph (b) of this supplemental NPRM to give credit for 
actions accomplished per the original issue of the service bulletin. 
Furthermore, we have revised the cost impact to include the additional 
cost of these airplanes to U.S. operators.

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 481 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 114 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
8 work hours per airplane (2 work hours per engine) to accomplish the 
proposed actions, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $59,280, or $520 per airplane.
    The 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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

[[Page 5783]]

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2002-NM-207-AD.

    Applicability: Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, 747SR, and 747SP series airplanes; equipped with Pratt & 
Whitney JT9D-3, -7, -7Q, and -7R4G2 series engines; line numbers 1 
through 814 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent improper connection of the cowl latch located in the 
left-hand side of the cowl panel assembly of each engine, which 
could result in separation of a cowl panel from the airplane, 
accomplish the following:

Drill Holes

    (a) Within 36 months after the effective date of this AD: Drill 
witness holes through the cowl skin at each of the six cowl latch 
locations located on the left-hand side of the cowl panel assembly 
of each engine, per paragraphs 3.B.1. through 3.B.4. of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 747-71-2301, Revision 1, dated August 21, 2003.

Credit for Actions Accomplished Per Previous Service Bulletin

    (b) Actions accomplished before the effective date of this AD 
per the Accomplishment Instructions of Boeing Service Bulletin 747-
71-2301, dated May 30, 2002, are acceptable for compliance with the 
requirements of paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2477 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P