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22826

Proposed Rules Federal Register


Vol. 70, No. 84

Tuesday, May 3, 2005

This section of the FEDERAL REGISTER • By fax: (202) 493–2251. 19477–78), or you can visit http://
contains notices to the public of the proposed • Hand Delivery: Room PL–401 on dms.dot.gov.
issuance of rules and regulations. The the plaza level of the Nassif Building,
purpose of these notices is to give interested Examining the Docket
400 Seventh Street SW., Washington,
persons an opportunity to participate in the DC, between 9 a.m. and 5 p.m., Monday You can examine the AD docket on
rule making prior to the adoption of the final the Internet at http://dms.dot.gov, or in
through Friday, except Federal holidays.
rules. person at the Docket Management
For service information identified in
this proposed AD, contact Boeing Facility office between 9 a.m. and 5
Commercial Airplanes, P.O. Box 3707, p.m., Monday through Friday, except
DEPARTMENT OF TRANSPORTATION
Seattle, Washington 98124–2207. Federal holidays. The Docket
Federal Aviation Administration You can examine the contents of this Management Facility office (telephone
AD docket on the Internet at http:// (800) 647–5227) is located on the plaza
14 CFR Part 39 dms.dot.gov, or in person at the Docket level of the Nassif Building at the DOT
Management Facility, U.S. Department street address stated in the ADDRESSES
[Docket No. FAA–2005–21088; Directorate section. Comments will be available in
Identifier 2004–NM–267–AD]
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of the AD docket shortly after the DMS
RIN 2120–AA64 the Nassif Building, Washington, DC. receives them.
This docket number is FAA–2005– Related Rulemaking
Airworthiness Directives; Boeing 21088; the directorate identifier for this
Model 747–400 and 747–400D Series docket is 2004–NM–267–AD. Corrosion of the station 980 upper
Airplanes deck floor beam was addressed in AD
FOR FURTHER INFORMATION CONTACT: Ivan
97–09–13, amendment 39–10009 (62 FR
AGENCY: Federal Aviation Li, Aerospace Engineer, Airframe 24022, May 2, 1997). That AD requires
Administration (FAA), Department of Branch, ANM–120S, FAA, Seattle inspecting the station 980 upper deck
Transportation (DOT). Aircraft Certification Office, 1601 Lind floor beam and installing sealant under
ACTION: Notice of proposed rulemaking Avenue, SW., Renton, Washington the threshold in accordance with Boeing
(NPRM). 98055–4056; telephone (425) 917–6437; Alert Service Bulletin 747–53A2400,
fax (425) 917–6590. dated December 21, 1995. AD 97–09–13
SUMMARY: The FAA proposes to adopt a
SUPPLEMENTARY INFORMATION: applies to certain Model 747 series
new airworthiness directive (AD) for
certain Boeing Model 747–400 and 747– Comments Invited airplanes.
400D series airplanes. This proposed We invite you to submit any relevant Discussion
AD would require an inspection for written data, views, or arguments Beginning with line number 844, a
corrosion and cracks of the station 980 regarding this proposed AD. Send your production change was made at the cart
upper deck floor beam, and repair and comments to an address listed under lift cutout in the upper deck floor to
related investigative actions if ADDRESSES. Include ‘‘Docket No. FAA– increase the durability of the station 980
necessary. This proposed AD is 2005–21088; Directorate Identifier floor beam and to add sealant between
prompted by reports of corrosion under 2004–NM–267–AD’’ in the subject line the floor beam and the threshold. Recent
the cart lift threshold at the station 980 of your comments. We specifically reports have shown that a corrosion
upper deck floor beam. We are invite comments on the overall problem also exists in the new
proposing this AD to detect and correct regulatory, economic, environmental, configuration under the cart lift
such corrosion, which could result in a and energy aspects of the proposed AD. threshold. Corrosion of the floor
cracked or broken floor beam, extensive We will consider all comments structure occurred where the stainless
damage to adjacent structure, and submitted by the closing date and may steel threshold contacts the aluminum
possible rapid decompression of the amend the proposed AD in light of those floor structure. Such corrosion could
airplane. comments. result in a cracked or broken floor beam,
DATES: We must receive comments on We will post all comments we extensive damage to adjacent structure,
this proposed AD by June 17, 2005. receive, without change, to http:// and possible rapid decompression of the
ADDRESSES: Use one of the following dms.dot.gov, including any personal airplane.
addresses to submit comments on this information you provide. We will also
post a report summarizing each Relevant Service Information
proposed AD.
• DOT Docket Web site: Go to substantive verbal contact with FAA We have reviewed Boeing Alert
http://dms.dot.gov and follow the personnel concerning this proposed AD. Service Bulletin 747–53A2503, dated
instructions for sending your comments Using the search function of that Web November 11, 2004. The service bulletin
electronically. site, anyone can find and read the describes procedures for inspecting the
• Government-wide rulemaking Web comments in any of our dockets, station 980 upper deck floor beam for
site: Go to http://www.regulations.gov including the name of the individual corrosion and cracks, and repairing
and follow the instructions for sending who sent the comment (or signed the corrosion. The service bulletin specifies
your comments electronically. comment on behalf of an association, contacting Boeing for repair instructions
• Mail: Docket Management Facility, business, labor union, etc.). You can for any cracks and for corrosion that
U.S. Department of Transportation, 400 review DOT’s complete Privacy Act exceeds the specified limits.
Seventh Street SW., Nassif Building, Statement in the Federal Register Accomplishing the actions specified in
Room PL–401, Washington, DC 20590. published on April 11, 2000 (65 FR the service information is intended to

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Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Proposed Rules 22827

adequately address the unsafe conditions, but this proposed AD would that ‘‘date of delivery’’ may be
condition. require you to repair those conditions interpreted differently by different
by using either a method that we operators. We find that our proposed
FAA’s Determination and Requirements
approve or data that meet the terminology is generally understood
of the Proposed AD
certification basis of the airplane and within the industry and records will
We have evaluated all pertinent have been approved by an Authorized always exist that establish these dates
information and identified an unsafe Representative for the Boeing Delegation with certainty.
condition that is likely to exist or Option Authorization Organization The service bulletin specifies a
develop on other airplanes of this same whom we have authorized to make
type design. Therefore, we are ‘‘detailed visual inspection.’’ We have
those findings. determined that the proposed
proposing this AD, which would require
accomplishing the actions specified in The service bulletin specifies an inspection should be considered a
the service information described inspection threshold of 10 years after ‘‘detailed inspection.’’ However, we
previously, except as discussed under the initial date of delivery of the consider the inspection definition in the
‘‘Differences Between the Proposed AD airplane. However, paragraph (f)(1) of service bulletin to be adequate.
and the Service Bulletin.’’ this proposed AD specifies an Costs of Compliance
inspection threshold of 120 months after
Differences Between the Proposed AD the date of issuance of the original There are about 363 airplanes of the
and the Service Bulletin Airworthiness Certificate or the date of affected design in the worldwide fleet.
The service bulletin specifies that you issuance of the original Export The following table provides the
may contact the manufacturer for Certificate of Airworthiness. This estimated costs for U.S. operators to
instructions on how to repair certain decision is based on our determination comply with this proposed AD.

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

Inspection ..................................... 3 $65 None required ............................... $195 46 $8,970

Authority for This Rulemaking For the reasons discussed above, I § 39.13 [Amended]
certify that the proposed regulation: 2. The FAA amends § 39.13 by adding
Title 49 of the United States Code
1. Is not a ‘‘significant regulatory the following new airworthiness
specifies the FAA’s authority to issue
action’’ under Executive Order 12866; directive (AD):
rules on aviation safety. Subtitle I,
Section 106, describes the authority of 2. Is not a ‘‘significant rule’’ under the Boeing: Docket No. FAA–2005–21088;
the FAA Administrator. Subtitle VII, Directorate Identifier 2004–NM–267–AD.
DOT Regulatory Policies and Procedures
Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and Comments Due Date
detail the scope of the Agency’s (a) The Federal Aviation Administration
authority. 3. Will not have a significant
(FAA) must receive comments on this AD
economic impact, positive or negative, action by June 17, 2005.
We are issuing this rulemaking under
on a substantial number of small entities
the authority described in Subtitle VII, Affected ADs
Part A, Subpart III, Section 44701, under the criteria of the Regulatory
Flexibility Act. (b) None.
‘‘General requirements.’’ Under that
section, Congress charges the FAA with We prepared a regulatory evaluation Applicability
promoting safe flight of civil aircraft in of the estimated costs to comply with (c) This AD applies to Boeing Model 747–
air commerce by prescribing regulations this proposed AD. See the ADDRESSES 400 and 747–400D series airplanes,
for practices, methods, and procedures section for a location to examine the certificated in any category, as listed in
the Administrator finds necessary for regulatory evaluation. Boeing Alert Service Bulletin 747–53A2503,
dated November 11, 2004.
safety in air commerce. This regulation
is within the scope of that authority List of Subjects in 14 CFR Part 39 Unsafe Condition
because it addresses an unsafe condition Air transportation, Aircraft, Aviation (d) This AD was prompted by reports of
that is likely to exist or develop on safety, Safety. corrosion under the cart lift threshold at the
products identified in this rulemaking station 980 upper deck floor beam. We are
action. The Proposed Amendment issuing this AD to detect and correct such
corrosion, which could result in a cracked or
Regulatory Findings Accordingly, under the authority broken floor beam, extensive damage to
delegated to me by the Administrator, adjacent structure, and possible rapid
We have determined that this decompression of the airplane.
proposed AD would not have federalism the FAA proposes to amend 14 CFR part
implications under Executive Order 39 as follows: Compliance
13132. This proposed AD would not (e) You are responsible for having the
have a substantial direct effect on the PART 39—AIRWORTHINESS actions required by this AD performed within
States, on the relationship between the DIRECTIVES the compliance times specified, unless the
actions have already been done.
National Government and the States, or
on the distribution of power and 1. The authority citation for part 39 Inspection
responsibilities among the various continues to read as follows:
(f) At the later of the times specified in
levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. paragraphs (f)(1) and (f)(2) of this AD: Do a

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22828 Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Proposed Rules

detailed inspection for corrosion and cracks DEPARTMENT OF LABOR Avenue, NW., Washington, DC 20210;
of the station 980 upper deck floor beam, in telephone (202) 693–2350 (OSHA’s TTY
accordance with Boeing Alert Service Occupational Safety and Health number is (877) 889–5627). OSHA
Bulletin 747–53A2503, dated November 11, Administration Docket Office and Department of Labor
2004. hours of operations are 8:15 a.m. to 4:45
(1) Inspect within 120 months since the 29 CFR Part 1910 p.m., ET.
date of issuance of the original Airworthiness Instructions: All submissions received
Certificate or the date of issuance of the [Docket No. H–016]
must include the Agency name and
original Export Certificate of Airworthiness; RIN 1218–AC11 docket number (H–016). All comments
or
received will be posted without change
(2) Inspect at the time specified in Occupational Exposure to Ionizing
on OSHA’s Web page at http://
paragraph (f)(2)(i), (f)(2)(ii), or (f)(3)(iii) of Radiation
www.osha.gov, including any personal
this AD for the applicable airplane group as
AGENCY: Occupational Safety and Health information provided. For detailed
identified in the service bulletin.
(i) For Group 1 airplanes: Within 18 Administration (OSHA), Department of instructions on submitting comments,
months after the effective date of this AD. Labor. see the ‘‘Public Participation’’ heading
(ii) For Group 2 airplanes: Within 36 ACTION: Request for information. of the SUPPLEMENTARY INFORMATION
months after the effective date of this AD. section of this document.
(iii) For Group 3 airplanes: Within 120 SUMMARY: OSHA requests data, Docket: For access to the docket to
months after the airplane has been modified information and comment on issues read comments or background
in accordance with Boeing Service Bulletin related to the increasing use of ionizing documents received, go to OSHA’s Web
747–25–3107, or within 36 months after the radiation in the workplace and potential page. Comments and submissions are
effective date of this AD, whichever occurs worker exposure to it. Specifically, also available for inspection and
later. OSHA requests data and information copying at the OSHA Docket Office at
about the sources and uses of ionizing the address above.
Repair radiation in workplaces today, current FOR FURTHER INFORMATION CONTACT:
(g) If any cracking or corrosion is found employee exposure levels, and adverse Press inquiries: Kevin Ropp, OSHA
during any inspection required by this AD, health effects associated with ionizing Office of Communications, Room N–
do all related investigative and corrective radiation exposure. OSHA also requests 3647, U.S. Department of Labor, 200
actions before further flight in accordance data and information about practices Constitution Avenue, NW., Washington,
with Boeing Alert Service Bulletin 747– and programs employers are using to DC 20210; telephone: (202) 693–1999.
53A2503, dated November 11, 2004. If the control employee exposure, such as
bulletin specifies to contact Boeing for
General and technical information:
exposure assessment and monitoring Dorothy Dougherty, Acting Director,
appropriate action, repair before further flight methods, control methods, employee
according to a method approved by the OSHA Directorate of Standards and
training, and medical surveillance. The Guidance, Room N–3718, U.S.
Manager, Seattle Aircraft Certification Office Agency will use the data and
(ACO), FAA; or according to data meeting the Department of Labor, 200 Constitution
information it receives to determine Avenue, NW., Washington, DC 20210;
certification basis of the airplane approved what action, if any, is necessary to
by an Authorized Representative for the telephone: (202) 693–1950.
address worker exposure to
Boeing Delegation Option Authorization SUPPLEMENTARY INFORMATION:
occupational ionizing radiation.
Organization who has been authorized by the
DATES: Comments must be submitted by Table of Contents
Manager, Seattle ACO, to make those
findings. For a repair method to be approved, the following dates: I. Background
the approval must specifically reference this Hard copy: Your comments must be A. Introduction
AD. submitted (postmarked or sent) by B. Sources of ionizing radiation exposure
August 1, 2005. 1. Natural sources of workplace exposure
Alternative Methods of Compliance Facsimile and electronic 2. Radiation that results from industrial
(AMOCs) activity
transmission: Your comments must be
(h)(1) The Manager, Seattle Aircraft C. Workplace uses of ionizing radiation
sent by August 1, 2005. 1. Emergency response and security
Certification Office (ACO), FAA, has the ADDRESSES: You may submit comments, 2. Medical
authority to approve AMOCs for this AD, if
identified by OSHA Docket No. H–016, 3. Manufacturing and construction
requested in accordance with the procedures 4. Food and kindred products
by any of the following methods:
found in 14 CFR 39.19. D. Health effects
Federal eRulemaking Portal: http://
(2) An AMOC that provides an acceptable II. Regulatory history
www.regulations.gov. Follow the
level of safety may be used for any repair III. Request for data, information and
required by this AD, if it is approved by an
instructions below for submitting
comments
Authorized Representative for the Boeing comments. A. Sources of ionizing radiation exposure
Delegation Option Authorization Agency Web Site: http:// and occupational uses
Organization who has been authorized by the ecomments.osha.gov. Follow the B. Emergency response and security
Manager, Seattle ACO, to make those instructions on the OSHA Web page for C. Employee exposure to ionizing radiation
findings. For a repair method to be approved, submitting comments. D. Health effects
the approval must specifically refer to this Fax: If your comments, including any E. Risk assessment
AD. attachments, are 10 pages or fewer, you F. Exposure assessment and monitoring
may fax them to the OSHA Docket G. Control of ionizing radiation
Issued in Renton, Washington, on April 21, H. Employee training
Office at (202) 693–1648.
2005. I. Medical surveillance
Mail, express delivery, hand delivery
Ali Bahrami, J. Economic impacts
and courier service: You must submit K. Environmental effects
Manager, Transport Airplane Directorate, three copies of your comments and L. Duplication/overlapping/conflicting
Aircraft Certification Service. attachments to the OSHA Docket Office, rules
[FR Doc. 05–8761 Filed 5–2–05; 8:45 am] Docket H–016, Room N–2625, U.S. IV. Public participation
BILLING CODE 4910–13–P Department of Labor, 200 Constitution V. Authority and signature

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