Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, and 747-400D Series Airplanes, 65655-65658 [07-5794]

Download as PDF 65655 Rules and Regulations Federal Register Vol. 72, No. 225 Friday, November 23, 2007 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Virginia 22102–5090, (703) 883–4020, TTY (703) 883–4020. (12 U.S.C. 2252(a)(9) and (10)) Dated: November 16, 2007. James M. Morris, Acting Secretary, Farm Credit Administration Board. [FR Doc. E7–22805 Filed 11–21–07; 8:45 am] BILLING CODE 6705–01–P Dated: November 16, 2007. James M. Morris, Acting Secretary, Farm Credit Administration Board. [FR Doc. E7–22806 Filed 11–21–07; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration FARM CREDIT ADMINISTRATION FARM CREDIT ADMINISTRATION 14 CFR Part 39 12 CFR Part 627 12 CFR Part 627 [Docket No. FAA–2007–0194; Directorate Identifier 2007–NM–306–AD; Amendment 39–15266; AD 2007–23–18] RIN 3052–AC38 RIN 3052–AC16 Title IV Conservators, Receivers, and Voluntary Liquidations; Priority of Claims—Subordinated Debt; Effective Date Farm Credit Administration. Notice of effective date. AGENCY: ACTION: ebenthall on PROD1PC69 with RULES VerDate Aug<31>2005 14:51 Nov 21, 2007 Jkt 214001 Farm Credit Administration. Notice of effective date. AGENCY: ACTION: The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a direct final rule with opportunity for comment under part 627 on September 26, 2007 (72 FR 54525) amending the priority of claims regulations to provide that, when assets of a Farm Credit System institution in liquidation are distributed, the claims of holders of subordinated debt will be paid after all general creditor claims. The opportunity for comment expired on October 26, 2007. The FCA received no comments and therefore, the direct final rule becomes effective without change. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is November 16, 2007. DATES: Effective Date: The regulation amending 12 CFR part 627 published on September 26, 2007 (72 FR 54525) is effective November 16, 2007. FOR FURTHER INFORMATION CONTACT: Christopher D. Wilson, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, Virginia 22102–5090, (703) 883–4498, TTY (703) 883–4434, or Rebecca S. Orlich, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, SUMMARY: Title IV Conservators, Receivers, and Voluntary Liquidations; Priority of Claims—Joint and Several Liability; Effective Date SUMMARY: The Farm Credit Administration (FCA) published a final rule under part 627 on September 26, 2007 (72 FR 54527). This final rule amends our priority of claims regulations to provide priority of claims rights to Farm Credit System (System) banks if they make payments under a reallocation agreement to holders of consolidated and System-wide obligations on behalf of a defaulting System bank. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is November 16, 2007. DATES: Effective Date: The regulation amending 12 CFR part 627 published on September 26, 2007 (72 FR 54527) is effective November 16, 2007. FOR FURTHER INFORMATION CONTACT: Christopher D. Wilson, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102–5090, (703) 883–4414, TTY (703) 883–4434; or Rebecca S. Orlich, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, VA 22102–5090, (703) 883–4020, TTY (703) 883–4020. (12 U.S.C. 2252(a)(9) and (10)) PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–100B SUD, 747–200B, 747– 300, 747–400, and 747–400D Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is superseding an existing airworthiness directive (AD) that applies to all Boeing Model 747– 100B SUD, 747–300, 747–400, and 747– 400D series airplanes; and Model 747– 200B series airplanes having a stretched upper deck. The existing AD currently requires repetitively inspecting for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and performing related investigative and corrective actions if necessary. This new AD reduces the repetitive interval for certain inspections. This AD results from new reports of multiple severed adjacent tension ties, in addition to the previous reports of cracked and severed tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. We are issuing this AD to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression and reduced structural integrity of the airplane. DATES: This AD becomes effective November 28, 2007. On April 26, 2006 (71 FR 14367, March 22, 2006), the Director of the Federal Register approved the E:\FR\FM\23NOR1.SGM 23NOR1 65656 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Rules and Regulations incorporation by reference of Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005. We must receive any comments on this AD by January 22, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6437; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: ebenthall on PROD1PC69 with RULES Discussion On March 9, 2006, we issued AD 2006–06–11, amendment 39–14520 (71 FR 14367, March 22, 2006). That AD applies to all Boeing Model 747–100B SUD, 747–300, 747–400, and 747–400D series airplanes; and Model 747–200B series airplanes having a stretched upper deck. That AD requires repetitively inspecting for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and performing related investigative and corrective actions if necessary. That AD resulted from reports of severed tension ties, as well as numerous reports of VerDate Aug<31>2005 14:51 Nov 21, 2007 Jkt 214001 cracked tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. The actions specified in that AD are intended to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression of the airplane. Actions Since AD Was Issued Since we issued that AD, two operators reported that, during a recent inspection of the tension ties, multiple adjacent tension ties were found severed. One operator reported three adjacent tension ties severed on a Model 747–300 series airplane with about 18,400 total flight cycles. The other operator reported two adjacent tension ties severed on another Model 747–300 series airplane with about 14,000 total flight cycles. Because of the high number of severed adjacent tension ties on these two airplanes, we have concluded that the repetitive interval for the Stage 1 inspection (repetitive detailed inspections for cracking of the tension ties and adjacent structure at body station (BS) 1120 through BS 1220), as required by AD 2006–06–11, does not adequately ensure the safety of the fleet. Therefore, we find it necessary to reduce the repetitive interval of the Stage 1 inspection. The Stage 2 inspection threshold and intervals are unchanged. FAA’s Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to supersede AD 2006–06–11. This new AD retains the requirements of the existing AD, but reduces the repetitive interval for the Stage 1 inspection. This new AD also requires sending the inspection results to Boeing. Difference Between the AD and the Service Bulletin To address the recent new inspection findings, this AD reduces the repetitive interval provided in Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005 (cited in the existing AD and this superseding AD as the appropriate source of service information for the inspections), for the Stage 1 inspection. Boeing concurs with this change. Interim Action Because the extent of cracking in the fleet is not known, the required inspection reports will help determine the damage condition of the fleet. Based PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 on the results of these reports, we may determine that further corrective action is warranted. FAA’s Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2007–0194; Directorate Identifier 2007– NM–306–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Rules and Regulations 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 the 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. 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: 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 removing amendment 39–14520 (71 FR 14367, March 22, 2006) and adding the following new airworthiness directive (AD): I 2007–23–18 Boeing: Docket No. FAA–2007– 0194; Directorate Identifier 2007–NM– 306–AD; Amendment 39–15266. ebenthall on PROD1PC69 with RULES Effective Date (a) This AD becomes effective November 28, 2007. Affected ADs (b) This AD affects the following ADs: (1) This AD supersedes AD 2006–06–11. (2) As of the effective date of this AD, for the areas inspected in accordance with this AD, accomplishment of the requirements of paragraph (f) or (i) of this AD terminates the corresponding inspection requirements for VerDate Aug<31>2005 14:51 Nov 21, 2007 Jkt 214001 the upper deck tension ties as required by paragraphs (c) and (d) of AD 2004–07–22, amendment 39–13566, as those paragraphs apply to inspections of structural significant item (SSI) F–19A, as identified in Boeing Document No. D6–35022, ‘‘Supplemental Structural Inspection Document,’’ Revision G, dated December 2000. All other requirements of AD 2004–07–22 continue to apply. Applicability (c) This AD applies to all Boeing Model 747–100B SUD, 747–300, 747–400, and 747– 400D series airplanes; and Model 747–200B series airplanes having a stretched upper deck; certificated in any category. Unsafe Condition (d) This AD results from new reports of multiple severed adjacent tension ties, in addition to the previous reports of cracked and severed tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. We are issuing this AD to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression and reduced structural integrity of the airplane. 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. Repetitive Stage 1 Inspections (f) Do detailed inspections for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and related investigative and corrective actions as applicable, by doing all actions specified in and in accordance with ‘‘Stage 1 Inspection’’ of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005, except as provided by paragraph (j) of this AD. Do the Stage 1 inspections at the applicable times specified in paragraphs (g) and (h) of this AD, except as provided by paragraphs (f)(1) and (f)(2) of this AD. Any applicable related investigative and corrective actions must be done before further flight. (1) Where paragraph 1.E., ‘‘Compliance,’’ of the service bulletin specifies a compliance time relative to the original issue date of the service bulletin, this AD requires compliance before the specified compliance time after April 26, 2006 (the effective date of AD 2006–06–11). (2) For any airplane that reaches the applicable compliance time for the initial Stage 2 inspection (as specified in Table 1, Compliance Recommendations, under paragraph 1.E. of the service bulletin) before reaching the applicable compliance time for the initial Stage 1 inspection: Accomplishment of the initial Stage 2 inspection eliminates the need to do the Stage 1 inspections. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 65657 Compliance Time for Initial Stage 1 Inspection (g) Do the initial Stage 1 inspection at the earlier of the times specified in paragraphs (g)(1) and (g)(2) of this AD. (1) At the earlier of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD. (i) At the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005. (ii) Before the accumulation of 10,000 total flight cycles, or within 250 flight cycles after the effective date of this AD, whichever occurs later. (2) At the later of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. (i) Before the accumulation of 12,000 total flight cycles. (ii) Within 50 flight cycles or 20 days, whichever occurs first, after the effective date of this AD. Compliance Times for Repetitive Stage 1 Inspections (h) Repeat the Stage 1 inspection specified in paragraph (f) of this AD at the time specified in paragraph (h)(1) or (h)(2), as applicable. Repeat the inspection thereafter at intervals not to exceed 250 flight cycles, until the initial Stage 2 inspection required by paragraph (i) of this AD has been done. (1) For airplanes on which the initial Stage 1 inspection had not been accomplished as of the effective date of this AD: Do the next inspection before the accumulation of 10,000 total flight cycles, or within 250 flight cycles after the initial Stage 1 inspection done in accordance with paragraph (f) of this AD, whichever occurs later. (2) For airplanes on which the initial Stage 1 inspection had been accomplished as of the effective date of this AD: Do the next inspection at the applicable time specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD. (i) For airplanes that had accumulated fewer than 12,000 total flight cycles as of the effective date of this AD: Do the next inspection before the accumulation of 10,000 total flight cycles, or within 250 flight cycles after the effective date of this AD, whichever occurs later. (ii) For airplanes that had accumulated 12,000 total flight cycles or more as of the effective date of this AD: Do the next inspection at the later of the times specified in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this AD. (A) Within 250 flight cycles after accomplishment of the initial Stage 1 inspection. (B) Within 50 flight cycles or 20 days, whichever occurs first, after the effective date of this AD. Repetitive Stage 2 Inspections (i) Do detailed and high frequency eddy current inspections for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and related investigative and corrective actions as applicable, by doing all actions specified in and in accordance with ‘‘Stage 2 Inspection’’ of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2507, dated April E:\FR\FM\23NOR1.SGM 23NOR1 65658 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Rules and Regulations 21, 2005, except as provided by paragraph (j) of this AD. Do the initial and repetitive Stage 2 inspections at the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of the service bulletin. Any applicable related investigative and corrective actions must be done before further flight. Accomplishment of the initial Stage 2 inspection ends the repetitive Stage 1 inspections. Exception to Corrective Action Instructions (j) If any discrepancy; including but not limited to cracking, or broken, loose, or missing fasteners; is found during any inspection required by this AD, and Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005, specifies to contact Boeing for appropriate action: Before further flight, repair the discrepancy using a method approved in accordance with the procedures specified in paragraph (l) of this AD. ebenthall on PROD1PC69 with RULES Reporting Requirement (k) At the applicable time specified in paragraph (k)(1) or (k)(2) of this AD, submit a report of the findings (both positive and negative) of each Stage 1 inspection required by this AD to Boeing Commercial Airplanes; Attention: Manager, Airline Support; P.O. Box 3707 MC 04–ER; Seattle, Washington 98124–2207; fax (425) 266–5562. The report must include the inspection results, a description of any discrepancies found, the inspections performed, the airplane serial number, and the number of total accumulated flight cycles on the airplane. 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 contained in this AD and has assigned OMB Control Number 2120–0056. (1) For any inspection done after the effective date of this AD: Submit the report within 30 days after the inspection. (2) For any inspection done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. VerDate Aug<31>2005 14:51 Nov 21, 2007 Jkt 214001 (4) AMOCs approved previously for repairs for compliance with AD 2006–06–11 are approved as AMOCs for the corresponding provisions of this AD provided that the repaired areas are inspected at the times specified in this AD, and the inspections are done in accordance with this AD. Material Incorporated by Reference (m) You must use Boeing Alert Service Bulletin 747–53A2507, dated April 21, 2005, 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 on April 26, 2006 (71 FR 14367, March 22, 2006). 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 November 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 07–5794 Filed 11–21–07; 8:45 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 38 RIN 3038–AC28 Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations Commodity Futures Trading Commission (‘‘Commission’’) ACTION: Final rule; notice of stay. AGENCY: SUMMARY: On January 31, 2007, the Commission adopted Acceptable Practices for Section 5(d)(15) (‘‘Core Principle 15’’) of the Commodity Exchange Act. The new Acceptable Practices were published in the Federal Register on February 14, 2007, and became effective on March 16, 2007. On March 26, 2007, the Commission published certain proposed amendments to the Acceptable Practices in an effort to clarify the definition of ‘‘public director’’ contained therein.1 The Commission has yet to act upon the 1 Under the Acceptable Practices, the definition of ‘‘public director’’ is also relevant to members of DCM regulatory oversight committees (all of whom must be public directors) and to members of DCM disciplinary panels (panelists need not be directors, but must include at least one member who meets certain elements of the definition of public director). PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 proposed amendments, which are central to every element of the Acceptable Practices. Accordingly, the Commission hereby notifies all designated contract markets (‘‘DCMs’’) that, until further notice, the Acceptable Practices contained in paragraph (b) of Core Principle 15 in Appendix B to 17 CFR part 38 are stayed indefinitely. DATES: Effective November 23, 2007, paragraph (b) of Core Principle 15 in Appendix B to 17 CFR part 38 is stayed indefinitely. The Commission will publish a new Federal Register document lifting the stay on a future date. FOR FURTHER INFORMATION CONTACT: Rachel F. Berdansky, Acting Deputy Director for Market Compliance, 202– 418–5429, or Sebastian Pujol Schott, Special Counsel, 202–418–5641, Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, Washington, DC 20581. SUPPLEMENTARY INFORMATION: On January 31, 2007 the Commission adopted its first Acceptable Practices for Core Principle 15. The Acceptable Practices are structured in four parts, including three operational provisions. The operational provisions include: (1) DCM boards of directors composed of at least 35% public directors; (2) boardlevel regulatory oversight committees (‘‘ROC’’) consisting exclusively of public directors; and (3) disciplinary panels including at least one public person. The Acceptable Practices also include an important fourth provision which defines ‘‘public director’’ and also impacts ROC members and disciplinary panel members. All three operational provisions of the Acceptable Practices are dependent upon the definition of public director. The Acceptable Practices were published in the Federal Register on February 14, 2007, with an effective date of March 16, 2007. The Commission stated at that time that it would survey all DCMs within six months to evaluate their plans for compliance with Core Principle 15. The Commission further stated that all DCMs would be granted the lesser of two years or two regularly scheduled board elections to fully implement the new Acceptable Practices or otherwise demonstrate full compliance with Core Principle 15. On March 26, 2007, the Commission published proposed amendments to the definition of DCM ‘‘public director,’’ which, as noted above, also impacts ROC and disciplinary panel members. The comment period for the proposed amendments ended on April 25, 2007. E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Rules and Regulations]
[Pages 65655-65658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5794]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0194; Directorate Identifier 2007-NM-306-AD; 
Amendment 39-15266; AD 2007-23-18]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B, 
747-300, 747-400, and 747-400D Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to all Boeing Model 747-100B SUD, 747-300, 747-400, 
and 747-400D series airplanes; and Model 747-200B series airplanes 
having a stretched upper deck. The existing AD currently requires 
repetitively inspecting for cracking or discrepancies of the fasteners 
in the tension ties, shear webs, and frames at body stations 1120 
through 1220, and performing related investigative and corrective 
actions if necessary. This new AD reduces the repetitive interval for 
certain inspections. This AD results from new reports of multiple 
severed adjacent tension ties, in addition to the previous reports of 
cracked and severed tension ties, broken fasteners, and cracks in the 
frame, shear web, and shear ties adjacent to tension ties for the upper 
deck. We are issuing this AD to detect and correct cracking of the 
tension ties, shear webs, and frames of the upper deck, which could 
result in rapid decompression and reduced structural integrity of the 
airplane.

DATES: This AD becomes effective November 28, 2007.
    On April 26, 2006 (71 FR 14367, March 22, 2006), the Director of 
the Federal Register approved the

[[Page 65656]]

incorporation by reference of Boeing Alert Service Bulletin 747-
53A2507, dated April 21, 2005.
    We must receive any comments on this AD by January 22, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; 
fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    On March 9, 2006, we issued AD 2006-06-11, amendment 39-14520 (71 
FR 14367, March 22, 2006). That AD applies to all Boeing Model 747-100B 
SUD, 747-300, 747-400, and 747-400D series airplanes; and Model 747-
200B series airplanes having a stretched upper deck. That AD requires 
repetitively inspecting for cracking or discrepancies of the fasteners 
in the tension ties, shear webs, and frames at body stations 1120 
through 1220, and performing related investigative and corrective 
actions if necessary. That AD resulted from reports of severed tension 
ties, as well as numerous reports of cracked tension ties, broken 
fasteners, and cracks in the frame, shear web, and shear ties adjacent 
to tension ties for the upper deck. The actions specified in that AD 
are intended to detect and correct cracking of the tension ties, shear 
webs, and frames of the upper deck, which could result in rapid 
decompression of the airplane.

Actions Since AD Was Issued

    Since we issued that AD, two operators reported that, during a 
recent inspection of the tension ties, multiple adjacent tension ties 
were found severed. One operator reported three adjacent tension ties 
severed on a Model 747-300 series airplane with about 18,400 total 
flight cycles. The other operator reported two adjacent tension ties 
severed on another Model 747-300 series airplane with about 14,000 
total flight cycles. Because of the high number of severed adjacent 
tension ties on these two airplanes, we have concluded that the 
repetitive interval for the Stage 1 inspection (repetitive detailed 
inspections for cracking of the tension ties and adjacent structure at 
body station (BS) 1120 through BS 1220), as required by AD 2006-06-11, 
does not adequately ensure the safety of the fleet. Therefore, we find 
it necessary to reduce the repetitive interval of the Stage 1 
inspection. The Stage 2 inspection threshold and intervals are 
unchanged.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to supersede AD 2006-06-11. This new AD retains the 
requirements of the existing AD, but reduces the repetitive interval 
for the Stage 1 inspection. This new AD also requires sending the 
inspection results to Boeing.

Difference Between the AD and the Service Bulletin

    To address the recent new inspection findings, this AD reduces the 
repetitive interval provided in Boeing Alert Service Bulletin 747-
53A2507, dated April 21, 2005 (cited in the existing AD and this 
superseding AD as the appropriate source of service information for the 
inspections), for the Stage 1 inspection. Boeing concurs with this 
change.

Interim Action

    Because the extent of cracking in the fleet is not known, the 
required inspection reports will help determine the damage condition of 
the fleet. Based on the results of these reports, we may determine that 
further corrective action is warranted.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2007-0194; Directorate Identifier 2007-NM-306-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

[[Page 65657]]

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 the 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. 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (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 
removing amendment 39-14520 (71 FR 14367, March 22, 2006) and adding 
the following new airworthiness directive (AD):

2007-23-18 Boeing: Docket No. FAA-2007-0194; Directorate Identifier 
2007-NM-306-AD; Amendment 39-15266.

Effective Date

    (a) This AD becomes effective November 28, 2007.

Affected ADs

    (b) This AD affects the following ADs:
    (1) This AD supersedes AD 2006-06-11.
    (2) As of the effective date of this AD, for the areas inspected 
in accordance with this AD, accomplishment of the requirements of 
paragraph (f) or (i) of this AD terminates the corresponding 
inspection requirements for the upper deck tension ties as required 
by paragraphs (c) and (d) of AD 2004-07-22, amendment 39-13566, as 
those paragraphs apply to inspections of structural significant item 
(SSI) F-19A, as identified in Boeing Document No. D6-35022, 
``Supplemental Structural Inspection Document,'' Revision G, dated 
December 2000. All other requirements of AD 2004-07-22 continue to 
apply.

Applicability

    (c) This AD applies to all Boeing Model 747-100B SUD, 747-300, 
747-400, and 747-400D series airplanes; and Model 747-200B series 
airplanes having a stretched upper deck; certificated in any 
category.

Unsafe Condition

    (d) This AD results from new reports of multiple severed 
adjacent tension ties, in addition to the previous reports of 
cracked and severed tension ties, broken fasteners, and cracks in 
the frame, shear web, and shear ties adjacent to tension ties for 
the upper deck. We are issuing this AD to detect and correct 
cracking of the tension ties, shear webs, and frames of the upper 
deck, which could result in rapid decompression and reduced 
structural integrity of the airplane.

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.

Repetitive Stage 1 Inspections

    (f) Do detailed inspections for cracking or discrepancies of the 
fasteners in the tension ties, shear webs, and frames at body 
stations 1120 through 1220, and related investigative and corrective 
actions as applicable, by doing all actions specified in and in 
accordance with ``Stage 1 Inspection'' of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2507, dated 
April 21, 2005, except as provided by paragraph (j) of this AD. Do 
the Stage 1 inspections at the applicable times specified in 
paragraphs (g) and (h) of this AD, except as provided by paragraphs 
(f)(1) and (f)(2) of this AD. Any applicable related investigative 
and corrective actions must be done before further flight.
    (1) Where paragraph 1.E., ``Compliance,'' of the service 
bulletin specifies a compliance time relative to the original issue 
date of the service bulletin, this AD requires compliance before the 
specified compliance time after April 26, 2006 (the effective date 
of AD 2006-06-11).
    (2) For any airplane that reaches the applicable compliance time 
for the initial Stage 2 inspection (as specified in Table 1, 
Compliance Recommendations, under paragraph 1.E. of the service 
bulletin) before reaching the applicable compliance time for the 
initial Stage 1 inspection: Accomplishment of the initial Stage 2 
inspection eliminates the need to do the Stage 1 inspections.

Compliance Time for Initial Stage 1 Inspection

    (g) Do the initial Stage 1 inspection at the earlier of the 
times specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) At the earlier of the times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD.
    (i) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2507, dated 
April 21, 2005.
    (ii) Before the accumulation of 10,000 total flight cycles, or 
within 250 flight cycles after the effective date of this AD, 
whichever occurs later.
    (2) At the later of the times specified in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this AD.
    (i) Before the accumulation of 12,000 total flight cycles.
    (ii) Within 50 flight cycles or 20 days, whichever occurs first, 
after the effective date of this AD.

Compliance Times for Repetitive Stage 1 Inspections

    (h) Repeat the Stage 1 inspection specified in paragraph (f) of 
this AD at the time specified in paragraph (h)(1) or (h)(2), as 
applicable. Repeat the inspection thereafter at intervals not to 
exceed 250 flight cycles, until the initial Stage 2 inspection 
required by paragraph (i) of this AD has been done.
    (1) For airplanes on which the initial Stage 1 inspection had 
not been accomplished as of the effective date of this AD: Do the 
next inspection before the accumulation of 10,000 total flight 
cycles, or within 250 flight cycles after the initial Stage 1 
inspection done in accordance with paragraph (f) of this AD, 
whichever occurs later.
    (2) For airplanes on which the initial Stage 1 inspection had 
been accomplished as of the effective date of this AD: Do the next 
inspection at the applicable time specified in paragraph (h)(2)(i) 
or (h)(2)(ii) of this AD.
    (i) For airplanes that had accumulated fewer than 12,000 total 
flight cycles as of the effective date of this AD: Do the next 
inspection before the accumulation of 10,000 total flight cycles, or 
within 250 flight cycles after the effective date of this AD, 
whichever occurs later.
    (ii) For airplanes that had accumulated 12,000 total flight 
cycles or more as of the effective date of this AD: Do the next 
inspection at the later of the times specified in paragraphs 
(h)(2)(ii)(A) and (h)(2)(ii)(B) of this AD.
    (A) Within 250 flight cycles after accomplishment of the initial 
Stage 1 inspection.
    (B) Within 50 flight cycles or 20 days, whichever occurs first, 
after the effective date of this AD.

Repetitive Stage 2 Inspections

    (i) Do detailed and high frequency eddy current inspections for 
cracking or discrepancies of the fasteners in the tension ties, 
shear webs, and frames at body stations 1120 through 1220, and 
related investigative and corrective actions as applicable, by doing 
all actions specified in and in accordance with ``Stage 2 
Inspection'' of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2507, dated April

[[Page 65658]]

21, 2005, except as provided by paragraph (j) of this AD. Do the 
initial and repetitive Stage 2 inspections at the applicable times 
specified in paragraph 1.E., ``Compliance,'' of the service 
bulletin. Any applicable related investigative and corrective 
actions must be done before further flight. Accomplishment of the 
initial Stage 2 inspection ends the repetitive Stage 1 inspections.

Exception to Corrective Action Instructions

    (j) If any discrepancy; including but not limited to cracking, 
or broken, loose, or missing fasteners; is found during any 
inspection required by this AD, and Boeing Alert Service Bulletin 
747-53A2507, dated April 21, 2005, specifies to contact Boeing for 
appropriate action: Before further flight, repair the discrepancy 
using a method approved in accordance with the procedures specified 
in paragraph (l) of this AD.

Reporting Requirement

    (k) At the applicable time specified in paragraph (k)(1) or 
(k)(2) of this AD, submit a report of the findings (both positive 
and negative) of each Stage 1 inspection required by this AD to 
Boeing Commercial Airplanes; Attention: Manager, Airline Support; 
P.O. Box 3707 MC 04-ER; Seattle, Washington 98124-2207; fax (425) 
266-5562. The report must include the inspection results, a 
description of any discrepancies found, the inspections performed, 
the airplane serial number, and the number of total accumulated 
flight cycles on the airplane. 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 contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) For any inspection done after the effective date of this AD: 
Submit the report within 30 days after the inspection.
    (2) For any inspection done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.
    (4) AMOCs approved previously for repairs for compliance with AD 
2006-06-11 are approved as AMOCs for the corresponding provisions of 
this AD provided that the repaired areas are inspected at the times 
specified in this AD, and the inspections are done in accordance 
with this AD.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 747-53A2507, 
dated April 21, 2005, 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 on April 26, 2006 (71 FR 14367, March 22, 2006). 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 November 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 07-5794 Filed 11-21-07; 8:45 am]
BILLING CODE 4910-13-P