Airworthiness Directives; Boeing Model 747 Airplanes, 41438-41441 [E7-14426]
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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations
were installed from the date of original
Certificate of Airworthiness.
(3) Do the following at the times specified
in paragraph (f)(1) or (f)(2) of this AD:
(i) Perform a visual and non-destructive
inspection of the upper wing strut fittings for
cracks following the Accomplishment
Instructions in Pilatus Aircraft Ltd. Service
Bulletin No. 57–004, dated April 16, 2007.
(ii) Examine for conformity the spherical
bearings following the Accomplishment
Instructions in Pilatus Aircraft Ltd. Service
Bulletin No. 57–004, dated April 16, 2007.
(4) If during any inspection required by
paragraph (f)(3)(i) of this AD cracks are found
in the upper wing strut fitting, before further
flight replace the wing strut fitting with a
new part number (P/N) 111.35.06.185 (left
side) or P/N 111.35.06.186 (right side)
following the Accomplishment Instructions
in Pilatus Aircraft Ltd. Service Bulletin No.
57–004, dated April 16, 2007. Replacement of
the upper wing strut fitting does not
terminate the repetitive inspection specified
in paragraph (f)(3) of this AD.
(5) If during any inspection required by
paragraph (f)(3)(ii) of this AD the spherical
bearing is found not in conformity, before
further flight replace the bearing with a new
P/N 944.61.00.109 following the
Accomplishment Instructions in Pilatus
Aircraft Ltd. Service Bulletin No. 57–004,
dated April 16, 2007. Replacement of the
spherical bearing does not terminate the
repetitive inspection specified in paragraph
(f)(3) of this AD.
(6) Report to Pilatus Aircraft Ltd. Customer
Liason Manager results of the inspection/
examination using Table 1 of Pilatus Aircraft
Ltd. Service Bulletin No. 57–004, dated April
16, 2007.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows:
(1) The FAA AD is requiring repetitive
inspections and reporting results to the
manufacturer, not just a one-time inspection
and report as required in the MCAI.
(2) The Service Bulletin specifies
‘‘subsequent inspections for cracks will be
included in Chapter 5 of the Aircraft
Maintenance Manual (AMM).’’ The only way
we (FAA) can mandate these repetitive
inspections is through an AD.
jlentini on PROD1PC65 with RULES
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
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(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et. seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120 0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No: 2007–0114,
dated May 02, 2007; and Pilatus Aircraft Ltd.
Service Bulletin No. 57–004, dated April 16,
2007, for related information.
Material Incorporated by Reference
(i) You must use Pilatus Aircraft Ltd.
Service Bulletin No. 57–004, dated April 16,
2007, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Pilatus Aircraft Ltd.,
Customer Liaison Manager, CH–6371
STANS, Switzerland; telephone: +41 (0)41
619 6580; fax: +41 (0)41 619 6576; e-mail:
fodermatt@pilatus-aircaft.com.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on July 19,
2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7–14428 Filed 7–27–07; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26441; Directorate
Identifier 2006–NM–204–AD; Amendment
39–15139; AD 2007–15–10]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model 747 airplanes. This AD
requires an inspection of the No. 2 and
No. 3 windows on the left and right
sides of the airplane to determine their
part numbers, and related investigative
and corrective actions if necessary. This
AD results from loss of a No. 3 window
in-flight. We are issuing this AD to
detect and correct cracking in the failsafe interlayer of certain No. 2 and No.
3 glass windows, which could result in
loss of the window and consequent
rapid loss of cabin pressure. Loss of the
window could also result in crew
communication difficulties or
incapacitation of the crew.
DATES: This AD becomes effective
September 4, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 4, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Steve Fox, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6425; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Operations office between 9 a.m.
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and 5 p.m., Monday through Friday,
except Federal holidays. The Docket
Operations office (telephone (800) 647–
5527) is located on the ground floor of
the West Building at the street address
stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Boeing Model 747 airplanes.
That NPRM was published in the
Federal Register on December 8, 2006
(71 FR 71099). That NPRM proposed to
require an inspection of the No. 2 and
No. 3 windows on the left and right
sides of the airplane to determine their
part numbers, and related investigative
and corrective actions if necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
jlentini on PROD1PC65 with RULES
Support for the NPRM
Boeing supports the NPRM, and
British Airways supports the intent of
the NPRM.
Request To Extend Grace Period
Qantas Airways states that the
compliance times given in calendar time
(units of years) in Tables 1, 2, and 3 of
Boeing Alert Service Bulletin 747–
56A2012, dated August 24, 2006, are not
relevant for windows installed after the
issue date of the service bulletin. As an
example, the commenter states that a
window installed on an airplane 5 years
from now will have already surpassed
the compliance time at the time of
installation. Qantas Airways, therefore,
requests that the calendar times in
Tables 1, 2, and 3 of the service bulletin
be revised as follows: ‘‘Within 2 (or 3)
years after the date on this service
bulletin, or after the window was
installed, whichever occurs last.’’
Qantas Airways asserts that this change
will ensure that the inspection of newly
installed windows is controlled by
calendar and flight-hour constraints.
We agree to clarify the compliance
time for newly installed windows. If a
discrepant window is replaced with a
new window, then the initial detailed
inspection of the new window must be
accomplished within either 5,500 or
22,000 flight hours after installing the
window, depending on the window part
number. The inspection must be
repeated at the interval stated in Table
2 or 3, as applicable, of the Boeing
service bulletin. We have revised
paragraph (g) of this AD to clarify the
compliance time.
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Request To Include Terminating Action
GKN Aerospace states that it
manufactures some of the affected
windows identified in Boeing Alert
Service Bulletin 747–56A2012, dated
August 24, 2006. GKN Aerospace states
that it is concerned about the potential
removal rates of in-service airplanes to
address the unsafe condition; therefore,
it is working to certify an improved
window design that incorporates a new,
improved interlayer, which is less
susceptible to the cracking experienced
with the existing windows. We infer the
commenter would like us to include a
terminating action in this AD.
We agree that improving the window
design to prevent cracking is a
preferable solution than requiring longterm repetitive inspections. In the
preamble of the NPRM, we stated that
we considered this action to be an
interim action. When a final action is
identified, we may consider further
rulemaking. We have not changed this
AD in this regard.
Request To Skip Inspection To
Determine Part Number
Boeing Aerospace Operations
Engineering and Logistics Services
requests that we allow operators to skip
the window identification procedure
and accomplish the rest of the service
bulletin as though the part number
could not be identified. The commenter
states that since some airplanes are
equipped with unique No. 2 and No. 3
windows, the window identification
cannot be accomplished according to
Part 1 of the Boeing Alert Service
Bulletin 747–56A2012, dated August 24,
2006, or the replacement according to
Part 2, step 4 of the service bulletin.
We do not agree to delete the
inspection to determine the part
numbers of the windows. Operators
who inspect and determine that the
affected windows are not installed on an
airplane are not required to accomplish
the related investigative and corrective
actions. Therefore, accomplishing the
inspection to determine the window
part numbers may relieve some
operators of the on-condition
requirements. However, under the
provisions of paragraph (h) of this AD,
we may consider requests for approval
of an alternative method of compliance
(AMOC) if sufficient data are submitted
to substantiate that such a design
change would provide an acceptable
level of safety. We have not changed
this AD in this regard.
Request To Revise Compliance Times
British Airways states that the
compliance times in Tables 2 and 3 of
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41439
Boeing Alert Service Bulletin 747–
56A2012, dated August 24, 2006, should
be revised as follows:
• For part numbers (P/Ns) 65B27042( ) and 65B27043-( ), the initial
inspection should be extended from
5,500 flight hours to 9,000 flight hours.
• For P/Ns 65B27046-( ) and
65B27047-( ), the initial inspection
should be reduced from 22,000 flight
hours to 15,000 flight hours, and the
repetitive interval should be reduced
from 7,500 flight hours to 3,000 flight
hours (to match the repetitive interval
for P/Ns 65B27042-( ) and 65B27043-( )).
British Airways asserts that, based on
its experience, the longer compliance
times for P/Ns 65B27046-( ) and
65B27047-( ), are not justified. British
Airways also asserts that requiring
different repetitive intervals for different
windows does not make sense since
many airlines use a mix of windows on
their airplanes.
We acknowledge British Airways’
comments but disagree with revising the
compliance times as proposed by the
commenter. In developing the
compliance time for this AD action, we
considered not only the safety
implications of the identified unsafe
condition, but the recommendations of
the manufacturer, known service
experience, average utilization rate of
the affected fleet, and the availability of
required parts. British Airways refers to
its service experience but does not
provide any data to support its
comment. We invite British Airways to
submit, to Boeing, any data it has that
supports its comments related to
changing certain compliance times. We
would consider further rulemaking
should such data support changing the
compliance times of this AD. To further
delay this AD would be inappropriate
considering the need to correct a known
safety problem in a timely manner.
Further, operators are always permitted
to accomplish the requirements of an
AD at an earlier time than the required
compliance time; therefore, an operator
may choose to inspect P/Ns 65B27046( ) and 65B27047-( ) at repetitive
intervals of 3,000 flight hours. We have
determined that the compliance times
recommended in the service bulletin are
appropriate for addressing the unsafe
condition and we have not changed this
AD in this regard.
Request To Delete Grace Period
British Airways states that the grace
period of 1,000 flight hours after the
date on the service bulletin is obsolete,
since this time period will have been
exceeded by the time we issued an AD.
We infer that the commenter would like
us to delete the grace period from Tables
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2 and 3 of Boeing Alert Service Bulletin
747–56A2012, dated August 24, 2006.
We disagree with deleting the grace
period. We would like to point out that
in paragraph (g) of the NPRM, which is
retained in this AD, we stated that the
compliance times given in the service
bulletin are to be counted from the
effective date of this AD, not from the
date on the service bulletin. We have
not changed this AD in this regard.
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Request To Rephrase Compliance Time
British Airways requests that we
delete the word ‘‘or’’ where the service
bulletin compliance times are restated
in the ‘‘Relevant Service Information’’
section of the NPRM. As justification,
the commenter states that using the
word ‘‘or’’ gives an operator the choice
of choosing between two compliance
times.
We disagree with revising this AD,
since the ‘‘Relevant Service
Information’’ section is not retained in
a final rule. We have reviewed the
NPRM and find that the wording used
throughout the NPRM is consistent with
the service bulletin. Further, where we
restated the service bulletin compliance
times in the NPRM, the lead-in
statements clearly specify doing the
proposed actions at the earlier of the
compliance times; therefore, the
compliance time cannot be chosen at an
operator’s discretion. We have not
changed this AD in this regard.
Request To Revise Costs of Compliance
• British Airways requests that we
make the following changes to the
‘‘Costs of Compliance’’ section:
• Add the cost of replacing a cracked
window. The commenter states that the
‘‘Costs of Compliance’’ section is wrong
because it does not estimate the cost of
replacing a cracked window.
• Include the cost of having to
remove an airplane from service 40%
more frequently to accomplish the
repetitive actions.
• Revise the estimated work hours.
The commenter asserts that it should
take 1⁄2 hour to inspect a window to
determine its part number, and that the
inspection for cracks would require 2
people and would take 1 hour.
We do not agree to revise the ‘‘Cost of
Compliance’’ section as the commenter
proposes. The economic analysis of an
AD is limited to the cost of actions that
are actually required. The economic
analysis does not consider the costs of
conditional actions, such as repairing a
crack detected during a required
inspection (‘‘repair, if necessary’’). Such
conditional repairs would be required—
regardless of AD direction—to correct
an unsafe condition identified in an
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airplane and to ensure that the airplane
is operated in an airworthy condition, as
required by the Federal Aviation
Regulations. Furthermore, we do not
consider it appropriate to attribute the
costs associated with aircraft ‘‘down
time’’ to the AD. Also, we have
determined the cost of compliance from
information contained in the
manufacturer’s service information. We
recognize that individual operators
might incur costs less than or more than
our estimate. It is impossible to estimate
such individual variations. We have not
changed this AD in this regard.
Request To Revise Service Bulletin
British Airways submitted several
comments on the accuracy and clarity of
Boeing Alert Service Bulletin 747–
56A2012, dated August 24, 2006. We
infer that the commenter would like us
delay issuance of the AD until the
service bulletin is revised to incorporate
its comments.
We acknowledge the value of the
information submitted by the
commenter. British Airways’ comments
will be of benefit to any future revisions
of the service bulletin. In this case,
however, the service bulletin is
acceptable for ensuring that the unsafe
condition is addressed. Therefore, we
do not agree to delay this action until
the service bulletin has been revised. To
do so would be inappropriate, since we
have determined that an unsafe
condition exists, and that inspections
must be conducted to ensure continued
safety. We have not changed this AD in
this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the change described
previously. We have determined that
this change will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
There are about 949 airplanes of the
affected design in the worldwide fleet.
This AD affects about 153 airplanes of
U.S. registry. The required inspection to
determine the window part numbers
takes about 4 work hours per airplane,
at an average labor rate of $80 per work
hour. Based on these figures, the
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estimated cost of the AD for U.S.
operators is $48,960, or $320 per
airplane.
The detailed inspection, if necessary,
takes about 1 work hour per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the detailed inspection
for U.S. operators is $80 per airplane,
per inspection cycle, if necessary.
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 AD will
not have federalism implications under
Executive Order 13132. This AD will
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 this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
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 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, Incorporation by reference,
Safety.
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Adoption of the Amendment
Exceptions to Compliance Times
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(g) Where Tables 1, 2, and 3 of paragraph
1.E. of Boeing Alert Service Bulletin 747–
56A2012, dated August 24, 2006, specify
counting the compliance time from ‘‘. . . after
the date on this service bulletin,’’ this AD
requires counting the compliance time from
the effective date of this AD. After replacing
a discrepant window with a new window, do
the initial detailed inspection of the new
window at the applicable compliance time:
(1) within 5,500 flight cycles after installing
part number (P/N) 65B27042–( ) or
65B27043–( ), or (2) within 22,000 flight
cycles after installing P/N 65B27046–( ) or
65B27047–( ).
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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):
I
2007–15–10 Boeing: Amendment 39–15139.
Docket No. FAA–2006–26441;
Directorate Identifier 2006–NM–204–AD.
Effective Date
(a) This AD becomes effective September 4,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model
747–100, 747–100B, 747–100B SUD, 747–
200B, 747–200C, 747–200F, 747–300, 747–
400, 747–400D, 747–400F, 747SR, and 747SP
series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from loss of a No. 3
window in-flight. We are issuing this AD to
detect and correct cracking in the fail-safe
interlayer of certain No. 2 and No. 3 glass
windows, which could result in loss of the
window and consequent rapid loss of cabin
pressure. Loss of the window could also
result in crew communication difficulties or
incapacitation of the crew.
jlentini on PROD1PC65 with RULES
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.
Inspection, Related Investigative Actions,
and Corrective Action
(f) Inspect the No. 2 and No. 3 windows
on the left and right sides of the airplane to
determine their part numbers, and do all the
applicable related investigative and
corrective actions, by accomplishing all of
the actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin
747–56A2012, dated August 24, 2006, as
applicable. Do all of these actions at the
compliance times specified in Tables 1, 2,
and 3 of paragraph 1.E. of the service
bulletin, as applicable, except as provided by
paragraph (g) of this AD. A review of airplane
maintenance records is acceptable in lieu of
the inspection if the part numbers of the
windows can be conclusively determined
from that review. Repeat the related
investigative and corrective actions thereafter
at the interval specified in Table 2 or 3 of the
service bulletin, as applicable.
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DEPARTMENT OF THE TREASURY
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use Boeing Alert Service
Bulletin 747–56A2012, dated August 24,
2006, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 18,
2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–14426 Filed 7–27–07; 8:45 am]
BILLING CODE 4910–13–P
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Internal Revenue Service
26 CFR Part 1
[TD 9336]
RIN 1545–BF82
Return Required by Subchapter T
Cooperatives Under Section 6012
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
SUMMARY: This document contains final
regulations that prescribe the form that
cooperatives must use to file their
income tax returns. The regulations
affect all cooperatives that are currently
required to file an income tax return on
either Form 1120, ‘‘U.S. Corporation
Income Tax Return,’’ or Form 990–C,
‘‘Farmers’ Cooperative Association
Income Tax Return.’’ The new form will
help the IRS to properly identify
cooperatives and differentiate between
cooperatives that must file returns
within 21⁄2 months of the end of the
taxable year and those that must file
within 81⁄2 months of the end of the
taxable year.
DATES: Effective date: July 30, 2007.
Applicability date: These regulations
apply to returns for taxable years ending
on or after December 31, 2007. In
addition, taxpayers may rely on the
regulations in filing returns for taxable
years ending on or after December 31,
2006, and before December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Matthew P. Howard, (202) 622–4910
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Under existing regulations, all
cooperatives to which subchapter T
applies (Subchapter T cooperatives) are
required to make income tax returns.
Except in the case of farmers’
cooperatives, the regulations require
that the return be made on Form 1120.
In the case of farmers’ cooperatives, the
regulations require that the return be
made on Form 990–C.
Most taxpayers required to make an
income tax return on Form 1120 must
file their return on or before the 15th
day of the third month following the
close of the taxpayer’s taxable year (21⁄2
month deadline). Some Subchapter T
cooperatives that make their returns on
Form 1120 are required to file by the 21⁄2
month deadline, but others are not
required to file their returns until the
15th day of the ninth month following
the close of the taxpayer’s taxable year
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Rules and Regulations]
[Pages 41438-41441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14426]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26441; Directorate Identifier 2006-NM-204-AD;
Amendment 39-15139; AD 2007-15-10]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Boeing Model 747 airplanes. This AD requires an inspection of the No. 2
and No. 3 windows on the left and right sides of the airplane to
determine their part numbers, and related investigative and corrective
actions if necessary. This AD results from loss of a No. 3 window in-
flight. We are issuing this AD to detect and correct cracking in the
fail-safe interlayer of certain No. 2 and No. 3 glass windows, which
could result in loss of the window and consequent rapid loss of cabin
pressure. Loss of the window could also result in crew communication
difficulties or incapacitation of the crew.
DATES: This AD becomes effective September 4, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 4,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Steve Fox, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6425; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Operations
office between 9 a.m.
[[Page 41439]]
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Operations office (telephone (800) 647-5527) is located on the ground
floor of the West Building at the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Boeing Model 747
airplanes. That NPRM was published in the Federal Register on December
8, 2006 (71 FR 71099). That NPRM proposed to require an inspection of
the No. 2 and No. 3 windows on the left and right sides of the airplane
to determine their part numbers, and related investigative and
corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the NPRM
Boeing supports the NPRM, and British Airways supports the intent
of the NPRM.
Request To Extend Grace Period
Qantas Airways states that the compliance times given in calendar
time (units of years) in Tables 1, 2, and 3 of Boeing Alert Service
Bulletin 747-56A2012, dated August 24, 2006, are not relevant for
windows installed after the issue date of the service bulletin. As an
example, the commenter states that a window installed on an airplane 5
years from now will have already surpassed the compliance time at the
time of installation. Qantas Airways, therefore, requests that the
calendar times in Tables 1, 2, and 3 of the service bulletin be revised
as follows: ``Within 2 (or 3) years after the date on this service
bulletin, or after the window was installed, whichever occurs last.''
Qantas Airways asserts that this change will ensure that the inspection
of newly installed windows is controlled by calendar and flight-hour
constraints.
We agree to clarify the compliance time for newly installed
windows. If a discrepant window is replaced with a new window, then the
initial detailed inspection of the new window must be accomplished
within either 5,500 or 22,000 flight hours after installing the window,
depending on the window part number. The inspection must be repeated at
the interval stated in Table 2 or 3, as applicable, of the Boeing
service bulletin. We have revised paragraph (g) of this AD to clarify
the compliance time.
Request To Include Terminating Action
GKN Aerospace states that it manufactures some of the affected
windows identified in Boeing Alert Service Bulletin 747-56A2012, dated
August 24, 2006. GKN Aerospace states that it is concerned about the
potential removal rates of in-service airplanes to address the unsafe
condition; therefore, it is working to certify an improved window
design that incorporates a new, improved interlayer, which is less
susceptible to the cracking experienced with the existing windows. We
infer the commenter would like us to include a terminating action in
this AD.
We agree that improving the window design to prevent cracking is a
preferable solution than requiring long-term repetitive inspections. In
the preamble of the NPRM, we stated that we considered this action to
be an interim action. When a final action is identified, we may
consider further rulemaking. We have not changed this AD in this
regard.
Request To Skip Inspection To Determine Part Number
Boeing Aerospace Operations Engineering and Logistics Services
requests that we allow operators to skip the window identification
procedure and accomplish the rest of the service bulletin as though the
part number could not be identified. The commenter states that since
some airplanes are equipped with unique No. 2 and No. 3 windows, the
window identification cannot be accomplished according to Part 1 of the
Boeing Alert Service Bulletin 747-56A2012, dated August 24, 2006, or
the replacement according to Part 2, step 4 of the service bulletin.
We do not agree to delete the inspection to determine the part
numbers of the windows. Operators who inspect and determine that the
affected windows are not installed on an airplane are not required to
accomplish the related investigative and corrective actions. Therefore,
accomplishing the inspection to determine the window part numbers may
relieve some operators of the on-condition requirements. However, under
the provisions of paragraph (h) of this AD, we may consider requests
for approval of an alternative method of compliance (AMOC) if
sufficient data are submitted to substantiate that such a design change
would provide an acceptable level of safety. We have not changed this
AD in this regard.
Request To Revise Compliance Times
British Airways states that the compliance times in Tables 2 and 3
of Boeing Alert Service Bulletin 747-56A2012, dated August 24, 2006,
should be revised as follows:
For part numbers (P/Ns) 65B27042-( ) and 65B27043-( ), the
initial inspection should be extended from 5,500 flight hours to 9,000
flight hours.
For P/Ns 65B27046-( ) and 65B27047-( ), the initial
inspection should be reduced from 22,000 flight hours to 15,000 flight
hours, and the repetitive interval should be reduced from 7,500 flight
hours to 3,000 flight hours (to match the repetitive interval for P/Ns
65B27042-( ) and 65B27043-( )).
British Airways asserts that, based on its experience, the longer
compliance times for P/Ns 65B27046-( ) and 65B27047-( ), are not
justified. British Airways also asserts that requiring different
repetitive intervals for different windows does not make sense since
many airlines use a mix of windows on their airplanes.
We acknowledge British Airways' comments but disagree with revising
the compliance times as proposed by the commenter. In developing the
compliance time for this AD action, we considered not only the safety
implications of the identified unsafe condition, but the
recommendations of the manufacturer, known service experience, average
utilization rate of the affected fleet, and the availability of
required parts. British Airways refers to its service experience but
does not provide any data to support its comment. We invite British
Airways to submit, to Boeing, any data it has that supports its
comments related to changing certain compliance times. We would
consider further rulemaking should such data support changing the
compliance times of this AD. To further delay this AD would be
inappropriate considering the need to correct a known safety problem in
a timely manner. Further, operators are always permitted to accomplish
the requirements of an AD at an earlier time than the required
compliance time; therefore, an operator may choose to inspect P/Ns
65B27046-( ) and 65B27047-( ) at repetitive intervals of 3,000 flight
hours. We have determined that the compliance times recommended in the
service bulletin are appropriate for addressing the unsafe condition
and we have not changed this AD in this regard.
Request To Delete Grace Period
British Airways states that the grace period of 1,000 flight hours
after the date on the service bulletin is obsolete, since this time
period will have been exceeded by the time we issued an AD. We infer
that the commenter would like us to delete the grace period from Tables
[[Page 41440]]
2 and 3 of Boeing Alert Service Bulletin 747-56A2012, dated August 24,
2006.
We disagree with deleting the grace period. We would like to point
out that in paragraph (g) of the NPRM, which is retained in this AD, we
stated that the compliance times given in the service bulletin are to
be counted from the effective date of this AD, not from the date on the
service bulletin. We have not changed this AD in this regard.
Request To Rephrase Compliance Time
British Airways requests that we delete the word ``or'' where the
service bulletin compliance times are restated in the ``Relevant
Service Information'' section of the NPRM. As justification, the
commenter states that using the word ``or'' gives an operator the
choice of choosing between two compliance times.
We disagree with revising this AD, since the ``Relevant Service
Information'' section is not retained in a final rule. We have reviewed
the NPRM and find that the wording used throughout the NPRM is
consistent with the service bulletin. Further, where we restated the
service bulletin compliance times in the NPRM, the lead-in statements
clearly specify doing the proposed actions at the earlier of the
compliance times; therefore, the compliance time cannot be chosen at an
operator's discretion. We have not changed this AD in this regard.
Request To Revise Costs of Compliance
British Airways requests that we make the following
changes to the ``Costs of Compliance'' section:
Add the cost of replacing a cracked window. The commenter
states that the ``Costs of Compliance'' section is wrong because it
does not estimate the cost of replacing a cracked window.
Include the cost of having to remove an airplane from
service 40% more frequently to accomplish the repetitive actions.
Revise the estimated work hours. The commenter asserts
that it should take \1/2\ hour to inspect a window to determine its
part number, and that the inspection for cracks would require 2 people
and would take 1 hour.
We do not agree to revise the ``Cost of Compliance'' section as the
commenter proposes. The economic analysis of an AD is limited to the
cost of actions that are actually required. The economic analysis does
not consider the costs of conditional actions, such as repairing a
crack detected during a required inspection (``repair, if necessary'').
Such conditional repairs would be required--regardless of AD
direction--to correct an unsafe condition identified in an airplane and
to ensure that the airplane is operated in an airworthy condition, as
required by the Federal Aviation Regulations. Furthermore, we do not
consider it appropriate to attribute the costs associated with aircraft
``down time'' to the AD. Also, we have determined the cost of
compliance from information contained in the manufacturer's service
information. We recognize that individual operators might incur costs
less than or more than our estimate. It is impossible to estimate such
individual variations. We have not changed this AD in this regard.
Request To Revise Service Bulletin
British Airways submitted several comments on the accuracy and
clarity of Boeing Alert Service Bulletin 747-56A2012, dated August 24,
2006. We infer that the commenter would like us delay issuance of the
AD until the service bulletin is revised to incorporate its comments.
We acknowledge the value of the information submitted by the
commenter. British Airways' comments will be of benefit to any future
revisions of the service bulletin. In this case, however, the service
bulletin is acceptable for ensuring that the unsafe condition is
addressed. Therefore, we do not agree to delay this action until the
service bulletin has been revised. To do so would be inappropriate,
since we have determined that an unsafe condition exists, and that
inspections must be conducted to ensure continued safety. We have not
changed this AD in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 949 airplanes of the affected design in the
worldwide fleet. This AD affects about 153 airplanes of U.S. registry.
The required inspection to determine the window part numbers takes
about 4 work hours per airplane, at an average labor rate of $80 per
work hour. Based on these figures, the estimated cost of the AD for
U.S. operators is $48,960, or $320 per airplane.
The detailed inspection, if necessary, takes about 1 work hour per
airplane, at an average labor rate of $80 per work hour. Based on these
figures, the estimated cost of the detailed inspection for U.S.
operators is $80 per airplane, per inspection cycle, if necessary.
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 AD will not have federalism
implications under Executive Order 13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 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, Incorporation by
reference, Safety.
[[Page 41441]]
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-15-10 Boeing: Amendment 39-15139. Docket No. FAA-2006-26441;
Directorate Identifier 2006-NM-204-AD.
Effective Date
(a) This AD becomes effective September 4, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D,
747-400F, 747SR, and 747SP series airplanes, certificated in any
category.
Unsafe Condition
(d) This AD results from loss of a No. 3 window in-flight. We
are issuing this AD to detect and correct cracking in the fail-safe
interlayer of certain No. 2 and No. 3 glass windows, which could
result in loss of the window and consequent rapid loss of cabin
pressure. Loss of the window could also result in crew communication
difficulties or incapacitation of the crew.
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.
Inspection, Related Investigative Actions, and Corrective Action
(f) Inspect the No. 2 and No. 3 windows on the left and right
sides of the airplane to determine their part numbers, and do all
the applicable related investigative and corrective actions, by
accomplishing all of the actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-56A2012, dated
August 24, 2006, as applicable. Do all of these actions at the
compliance times specified in Tables 1, 2, and 3 of paragraph 1.E.
of the service bulletin, as applicable, except as provided by
paragraph (g) of this AD. A review of airplane maintenance records
is acceptable in lieu of the inspection if the part numbers of the
windows can be conclusively determined from that review. Repeat the
related investigative and corrective actions thereafter at the
interval specified in Table 2 or 3 of the service bulletin, as
applicable.
Exceptions to Compliance Times
(g) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert
Service Bulletin 747-56A2012, dated August 24, 2006, specify
counting the compliance time from ``. . . after the date on this
service bulletin,'' this AD requires counting the compliance time
from the effective date of this AD. After replacing a discrepant
window with a new window, do the initial detailed inspection of the
new window at the applicable compliance time: (1) within 5,500
flight cycles after installing part number (P/N) 65B27042-( ) or
65B27043-( ), or (2) within 22,000 flight cycles after installing P/
N 65B27046-( ) or 65B27047-( ).
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin 747-56A2012,
dated August 24, 2006, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 18, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-14426 Filed 7-27-07; 8:45 am]
BILLING CODE 4910-13-P
