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7446 Federal Register / Vol. 70, No.

29 / Monday, February 14, 2005 / Proposed Rules

absorber is $520 (4 work hours × $65 per This proposed AD would require SUPPLEMENTARY INFORMATION:
hour for labor = $260 + $260 for parts). repetitive inspections of the dual side
Starting with serial number 5E243B20 and
Comments Invited
braces (DSBs), underwing midspar
on, this shock absorber is being installed at fittings, and associated parts; other We invite you to submit any relevant
production. specified actions; and corrective actions written data, views, or arguments
May I Request an Alternative Method of if necessary. This proposed AD also regarding this proposed AD. Send your
Compliance? provides an optional terminating action comments to an address listed under
for the inspections and other specified ADDRESSES. Include ‘‘Docket No. FAA–
(f) You may request a different method of
compliance or a different compliance time actions. This proposed AD is prompted 2005–20364; Directorate Identifier
for this AD by following the procedures in 14 by reports of corroded, migrated, and 2004–NM–186–AD’’ in the subject line
CFR 39.19. Unless FAA authorizes otherwise, rotated bearings for the DSBs in the of your comments. We specifically
send your request to your principal inboard and outboard struts, a report of invite comments on the overall
inspector. The principal inspector may add regulatory, economic, environmental,
a fractured retainer for the eccentric
comments and will send your request to the and energy aspects of the proposed AD.
Manager, Standards Office, Small Airplane bushing for one of the side links of a
DSB, and reports of wear and damage to We will consider all comments
Directorate, FAA. For information on any
the underwing midspar fitting on the submitted by the closing date and may
already approved alternative methods of
compliance, contact Gregory Davison, outboard strut. We are proposing this amend the proposed AD in light of those
Aerospace Engineer, FAA, Small Airplane AD to prevent the loss of a DSB or comments.
Directorate, ACE–112, Room 301, 901 Locust, underwing midspar fitting load path, We will post all comments we
Kansas City, Missouri 64106; telephone: 816– which could result in the transfer of receive, without change, to http://
329–4130; facsimile: 816–329–4090. loads and motion to other areas of a dms.dot.gov, including any personal
Is There Other Information That Relates to strut, and possible separation of a strut information you provide. We will also
This Subject? and engine from the airplane during post a report summarizing each
flight. substantive verbal contact with FAA
(g) German AD Number D–2004–195 and
AD Number D–2004–196, both dated April personnel concerning this proposed AD.
DATES: We must receive comments on Using the search function of that Web
23, 2004, also address the subject of this AD.
this proposed AD by March 31, 2005. site, anyone can find and read the
May I Get Copies of the Documents ADDRESSES: Use one of the following comments in any of our dockets,
Referenced in This AD? addresses to submit comments on this including the name of the individual
(h) To get copies of the documents proposed AD. who sent the comment (or signed the
referenced in this AD, contact DG • DOT Docket Web site: Go to comment on behalf of an association,
Flugzeugbau, Postbox 41 20, 76625 Bruchsal, http://dms.dot.gov and follow the
Germany; telephone, 49 7257 890; fax, 49
business, labor union, etc.). You can
instructions for sending your comments review DOT’s complete Privacy Act
7257 8922. To view the AD docket, go to the
Docket Management Facility; U.S. electronically. Statement in the Federal Register
Department of Transportation, 400 Seventh • Government-wide rulemaking Web published on April 11, 2000 (65 FR
Street, SW., Nassif Building, Room PL–401, site: Go to http://www.regulations.gov 19477–78), or you can visit http://
Washington, DC, or on the Internet at and follow the instructions for sending dms.dot.gov.
http://dms.dot.gov. This is docket number your comments electronically.
FAA–2004–19959. • Mail: Docket Management Facility, Examining the Docket
Issued in Kansas City, Missouri, on U.S. Department of Transportation, 400 You can examine the AD docket on
February 7, 2005. Seventh Street SW, Nassif Building, the Internet at http://dms.dot.gov, or in
David R. Showers, room PL–401, Washington, DC 20590. person at the Docket Management
Acting Manager, Small Airplane Directorate, • By fax: (202) 493–2251. Facility office between 9 a.m. and 5
Aircraft Certification Service. • Hand Delivery: Room PL–401 on p.m., Monday through Friday, except
[FR Doc. 05–2765 Filed 2–11–05; 8:45 am]
the plaza level of the Nassif Building, Federal holidays. The Docket
400 Seventh Street, SW., Washington, Management Facility office (telephone
BILLING CODE 4910–13–P
DC, between 9 a.m. and 5 p.m., Monday (800) 647–5227) is located on the plaza
through Friday, except Federal holidays. level of the Nassif Building at the DOT
DEPARTMENT OF TRANSPORTATION For service information identified in street address stated in the ADDRESSES
this proposed AD, contact Boeing section. Comments will be available in
Federal Aviation Administration Commercial Airplanes, PO Box 3707, the AD docket shortly after the DMS
Seattle, Washington 98124–2207. receives them.
14 CFR Part 39 You can examine the contents of this
AD docket on the Internet at http:// Discussion
[Docket No. FAA–2005–20364; Directorate dms.dot.gov, or in person at the Docket We have received reports of corroded,
Identifier 2004–NM–186–AD] Management Facility, U.S. Department migrated, and rotated bearings for the
RIN 2120–AA64 of Transportation, 400 Seventh Street, dual side braces (DSBs) in the inboard
SW., room PL–401, on the plaza level of and outboard struts, a report of a
Airworthiness Directives; Boeing the Nassif Building, Washington, DC. fractured retainer for the eccentric
Model 747 Airplanes This docket number is FAA–2005– bushing for one of the side links of a
AGENCY: Federal Aviation 20364; the directorate identifier for this DSB, and reports of wear and damage to
Administration (FAA), Department of docket is 2004–NM–186–AD. the underwing midspar fitting on the
Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Ivan outboard strut on Boeing Model 747–
ACTION: Notice of proposed rulemaking Li, Aerospace Engineer, Airframe 400 and Model 747SP series airplanes.
(NPRM). Branch, ANM–120S, FAA, Seattle These conditions, if not corrected, could
Aircraft Certification Office, 1601 Lind result in the loss of the DSB or
SUMMARY: The FAA proposes to adopt a Avenue, SW., Renton, Washington underwing midspar fitting load path,
new airworthiness directive (AD) for 98055–4056; telephone (425) 917–6437; which could result in the transfer of
certain Boeing Model 747 airplanes. fax (425) 917–6590. loads and motion to other areas of a

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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Proposed Rules 7447

strut, and possible separation of a strut The service bulletin specifies that if • Detailed inspection of the fuse pin
and engine from the airplane during any discrepancies are found during the for damage.
flight. inspections, the corrective actions • Detailed inspection for damage of
The subject area on certain Boeing include doing Part 4 and Part 2; or doing the strut fitting lug bore and chamfers.
Model 747–100, 747–100B, 747–100B Part 4 and Part 3 (terminating action); as • Fluorescent penetrant inspection
SUD, 747–200B, 747–200C, 747–200F, applicable. (FPI) or high frequency eddy current
747–300, 747–400D, 747–400F, and The service bulletin also specifies that inspection for cracks of the strut fitting
747SR series airplanes is of a similar Part 2 may be done instead of Part 1. lug bore and chamfers.
type design to those on the affected • Detailed inspection for cracking of
Part 2—Bearing Corrosion Removal the swaged lip of the bearing.
Model 747–400 and 747SP series
and Re-Lubrication • FPI of the eccentric bushing bore in
airplanes. Therefore, all of these models
may be subject to the same unsafe The service bulletin describes the the link for cracks, corrosion, and
condition. following inspections and rework of the damage.
DSB bearings and associated parts, and • Detailed inspection of the bushing
Relevant Service Information other specified actions. for damage.
We have reviewed Boeing Alert • Do a detailed inspection of the Corrective actions include replacing
Service Bulletin 747–54A2218, dated bearing for migration and rotation. any damaged fuse pin with a new or
June 17, 2004. The service bulletin • Do a detailed inspection for cracks serviceable fuse pin; contacting Boeing
describes procedures for repetitive or fracture of the swaged lips. for additional instructions; oversizing
inspections of the DSBs, underwing • Do a detailed inspection for cracks the lug bore; and replacing any damaged
midspar fittings, and associated parts; or fracture of the eccentric bushing bearing with a new or serviceable
other specified actions; and corrective retainer. bearing.
actions if necessary. This proposed AD • Do a detailed inspection of the
eccentric bushing for damage. Part 4—Underwing Midspar Fitting
also provides an optional terminating
• Do a detailed inspection of the Inspection
action for the repetitive actions.
The service bulletin specifies that the bushing and fuse pin for damage. The service bulletin describes an
initial inspections of the DSBs and of • Do a detailed inspection of the bolt inspection to determine the gap between
the underwing midspar fitting be done for damage. the underwing midspar fitting and strut
within 24 months after the release date • The other specified actions include midspar fitting.
of the service bulletin. The service determining if the amount of play in the The service bulletin specifies that if
bulletin also specifies that the initial bearing exceeds specified limits, the gap is within limits specified in the
corrosion removal and re-lubrication of determining if corrosion exceeds service bulletin no further action is
the DSB bearings be done within 72 specified limits, and removing required.
months after the release date of the corrosion, as applicable; and lubricating The service bulletin specifies that if
service bulletin (unless directed by the the spherical ball and inside of the outer the gap is not within limits specified in
findings of the initial inspections of the race. the service bulletin, the corrective
DSBs to be done earlier). The service The service bulletin specifies that if action includes doing Part 4 and Part 3
bulletin specifies that repetitive no discrepancies are found during the (terminating action) or doing Part 3, Part
intervals range between 24 months and actions specified in Part 2: Either repeat 5, and Part 6 (terminating action), as
72 months for the aforementioned both Part 1 and Part 4, and Part 4 and applicable.
actions. The service bulletin also Part 2; or do Part 4 and Part 3
(terminating action). Part 5—Underwing Midspar Fitting
specifies that the corrective actions be Inspection and Rework
done before further flight or within 24 The service bulletin specifies that if
months of finding certain conditions. any discrepancies are found during the The service bulletin describes
The service bulletin specifies that the actions specified in Part 2, the procedures to do a detailed inspection
following actions for the inboard and corrective actions include repeating of the underwing midspar fitting lugs,
outboard struts are applicable to Groups both Part 1 and Part 4, and Part 4 and strut spring beam lugs and bushings,
1–3 airplanes, and that only the actions Part 2; or doing Part 4 and Part 3 and strut fitting lugs for damage, and
for the inboard struts are applicable to (terminating action); as applicable. The corrective action if necessary.
Group 4 airplanes: corrective actions also include replacing The corrective action includes
any damaged bushings/eccentric reworking the underwing midspar
Part 1—Dual Side Brace Inspections bushings/fuse pins/bolts with new or fitting, spring beams, and strut fitting;
The service bulletin describes the serviceable bushings/eccentric and contacting Boeing for additional
following DSB inspections: bushings/fuse pins/bolts; and contacting instructions.
• Do a detailed inspection of the Boeing for additional instructions.
Part 6—Dual Side Brace Fitting and
bearing spherical ball for corrosion,
Part 3—Dual Side Brace Bearing Underwing Midspar Fitting Tension
corrosion pitting, and corrosion
Replacement and Side Link Bolt Inspection
products.
• Do a detailed inspection for Modification The service bulletin describes
migration and rotation of the bearing The service bulletin describes procedures to do a detailed inspection
outer race. procedures for replacing the strut and of the dual side brace fitting and
• Do a detailed inspection for cracks wing side DSB bearings with new or underwing fittings for missing or
or fracture of the eccentric bushing serviceable strut and wing side bearings fractured tension bolts or for broken
retainer. (includes, for Groups 3 and 4, installing sealant around the fasteners; and do a
The service bulletin specifies that if cups per Part 7), modifying side links, detailed inspection of the visible areas
no discrepancies are found during the and doing related investigative and of the underwing fitting lugs and strut
inspections, either repeat Part 1 and Part corrective actions. fitting lugs or spring beam lugs for
4, or do Part 4 and Part 3 (terminating Related investigative actions include damage; and corrective action if
action). the following inspections: necessary. The corrective action is

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7448 Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Proposed Rules

repairing any damage and contacting the service information described instructions on how to repair certain
Boeing for additional instructions. previously, except as discussed under conditions, but this proposed AD would
‘‘Differences Between the AD and the require you to repair those conditions in
Part 7—Vapor Seal Web Cup
Service Bulletin.’’ one of the following ways:
Installation The FAA is not proposing to mandate
The service bulletin describes the optional terminating action for • Using a method that we approve; or
procedures for Groups 3 and 4 to install several reasons: • Using data that meet the
cups for the vapor seal web. 1. Accessing the areas for inspection certification basis of the airplane, and
Accomplishing the actions specified at the intervals is easily accomplished. that have been approved by an
in the service information is intended to 2. The inspection items are easily Authorized Representative for the
adequately address the unsafe performed by means of a detailed Boeing Delegation Option Authorization
condition. inspection. Organization who has been authorized
3. Long-term continued operational by the FAA to make those findings.
FAA’s Determination and Requirements
safety in this case will be adequately
of the Proposed AD
ensured by repetitive inspections to Costs of Compliance
We have evaluated all pertinent prevent the loss of a DSB or underwing
information and identified an unsafe midspar fitting load path. There are about 1,091 airplanes of the
condition that is likely to exist or affected design in the worldwide fleet.
develop on other airplanes of this same Differences Between the Proposed AD The following table provides the
type design. Therefore, we are and the Service Bulletin estimated costs for U.S. operators to
proposing this AD, which would require The service bulletin specifies that you comply with this proposed AD.
accomplishing the actions specified in may contact the manufacturer for

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

Part 1
Inspections, per inspection 8 $65 None ............ $520 229 $119,080, per inspection cycle.
cycle.
Part 2
Inspections, per inspection 48 65 None ............ 3,120 229 714,480, per inspection cycle.
cycle.
Part 4
Inspections, per inspection 4 65 None ............ 260 229 59,540, per inspection cycle.
cycle.

Authority for this Rulemaking 13132. This proposed AD would not The Proposed Amendment
have a substantial direct effect on the Accordingly, under the authority
The FAA’s authority to issue rules
States, on the relationship between the delegated to me by the Administrator,
regarding aviation safety is found in
national Government and the States, or the FAA proposes to amend 14 CFR part
Title 49 of the United States Code.
on the distribution of power and 39 as follows:
Subtitle I, Section 106 describes the
responsibilities among the various
authority of the FAA Administrator.
levels of government. PART 39—AIRWORTHINESS
Subtitle VII, Aviation Programs,
describes in more detail the scope of the For the reasons discussed above, I DIRECTIVES
agency’s authority. certify that the proposed regulation: 1. The authority citation for part 39
This rulemaking is promulgated 1. Is not a ‘‘significant regulatory continues to read as follows:
under the authority described in action’’ under Executive Order 12866;
Authority: 49 U.S.C. 106(g), 40113, 44701.
Subtitle VII, Part A, Subpart III, Section 2. Is not a ‘‘significant rule’’ under the
44701, ‘‘General requirements.’’ Under DOT Regulatory Policies and Procedures § 39.13 [Amended]
that section, Congress charges the FAA (44 FR 11034, February 26, 1979); and 2. The FAA amends § 39.13 by adding
with promoting safe flight of civil the following new airworthiness
3. Will not have a significant
aircraft in air commerce by prescribing directive (AD):
economic impact, positive or negative,
regulations for practices, methods, and
on a substantial number of small entities Boeing: Docket No. FAA–2005–20364;
procedures the Administrator finds
under the criteria of the Regulatory Directorate Identifier 2004–NM–186–AD.
necessary for safety in air commerce.
Flexibility Act. Comments Due Date
This regulation is within the scope of
that authority because it addresses an We prepared a regulatory evaluation (a) The Federal Aviation Administration
unsafe condition that is likely to exist or of the estimated costs to comply with (FAA) must receive comments on this AD
develop on products identified in this this proposed AD. See the ADDRESSES action by March 31, 2005.
rulemaking action. section for a location to examine the
Affected ADs
regulatory evaluation.
Regulatory Findings (b) None.
List of Subjects in 14 CFR Part 39
We have determined that this Applicability
proposed AD would not have federalism Air transportation, Aircraft, Aviation (c) This AD applies to Boeing Model 747–
implications under Executive Order safety, Safety. 100, 747–100B, 747–100B SUD, 747–200B,

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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Proposed Rules 7449

747–200C, 747–200F, 747–300, 747–400, Manager, Seattle ACO, to make those electronic correspondence. Written
747–400D, 747–400F, 747SR, and 747SP findings. For a repair method to be approved, comments being sent via regular mail
series airplanes; certificated in any category; the approval must specifically refer to this should be sent to the Deputy
as identified in Boeing Alert Service Bulletin AD.
747–54A2218, dated June 17, 2004.
Administrator, Drug Enforcement
Alternative Methods of Compliance Administration, Washington, DC 20537,
Unsafe Condition (AMOCs) Attention: DEA Federal Register
(d) This AD was prompted by reports of (i)(1) The Manager, Seattle ACO, has the Representative/ODL. Written comments
corroded, migrated, and rotated bearings for authority to approve AMOCs for this AD, if sent via express mail should be sent to
the dual side braces (DSB) in the inboard and requested in accordance with the procedures Deputy Administrator, Drug
outboard struts, a report of a fractured found in 14 CFR 39.19. Enforcement Administration, Attention:
retainer for the eccentric bushing for one of (2) An AMOC that provides an acceptable
the side links of a DSB, and reports of wear
DEA Federal Register Representative/
level of safety may be used for any repair ODL, 2401 Jefferson-Davis Highway,
and damage to the underwing midspar fitting required by this AD, if it is approved by an
on the outboard strut. We are issuing this AD Authorized Representative for the Boeing
Alexandria, VA 22301. Comments may
to prevent the loss of a DSB or underwing Delegation Option Authorization be directly sent to DEA electronically by
midspar fitting load path, which could result Organization who has been authorized by the sending an electronic message to
in the transfer of loads and motion to other Manager, Seattle ACO, to make those dea.diversion.policy@usdoj.gov.
areas of a strut, and possible separation of a findings. For a repair method to be approved, Comments may also be sent
strut and engine from the airplane during the approval must specifically refer to this electronically through http://
flight. AD. www.regulations.gov using the
Compliance Issued in Renton, Washington, on February electronic comment form provided on
(e) You are responsible for having the 7, 2005. that site. An electronic copy of this
actions required by this AD performed within Ali Bahrami, document is also available at the
the compliance times specified, unless the Manager, Transport Airplane Directorate, http://www.regulations.gov Web site.
actions have already been done. Aircraft Certification Service. DEA will accept electronic comments
Inspections and Corrective Action [FR Doc. 05–2762 Filed 2–11–05; 8:45 am] containing MS Word, WordPerfect,
(f) At the times specified in Figure 1 of BILLING CODE 4910–13–P
Adobe PDF, or Excel file formats only.
Boeing Alert Service Bulletin 747–54A2218, DEA will not accept any file format
dated June 17, 2004, except as provided by other than those specifically listed here.
paragraph (g) of this AD: Do the various DEPARTMENT OF JUSTICE FOR FURTHER INFORMATION CONTACT:
inspections and other specified actions in the Christine Sannerud, Ph.D., Chief, Drug
figure to detect discrepancies of the dual side Drug Enforcement Administration and Chemical Evaluation Section, Drug
braces, underwing midspar fittings, and
Enforcement Administration,
associated parts, by doing all of the actions [Docket No. DEA–262P]
specified in Parts 1, 2, and 4; and the Washington, DC 20537, (202) 307–7183.
applicable corrective actions specified in 21 CFR Part 1308 SUPPLEMENTARY INFORMATION: Zopiclone
Parts 3, 5, 6, and 7; of the Accomplishment is a central nervous system depressant
Instructions of the service bulletin, except as Schedules of Controlled Substances: drug. On December 15, 2004, the Food
provided by paragraph (h) of this AD. Repeat Placement of Zopiclone Into Schedule and Drug Administration (FDA)
the inspections and other specified actions IV approved (S)-zopiclone (or eszopiclone),
thereafter at the intervals specified in Figure
the active (S) isomer of zopiclone, for
1 of the service bulletin. Accomplishment of AGENCY: Drug Enforcement
any terminating action specified in Figure 1 marketing under the trade name
Administration, Department of Justice.
of the service bulletin terminates the LunestaTM. Eszopiclone will be
ACTION: Notice of proposed rulemaking.
inspections and other specified actions. marketed as a prescription drug product
(g) Where Boeing Alert Service Bulletin SUMMARY: This proposed rule is issued for the short-term treatment of
747–54A2218, dated June 17, 2004, by the Deputy Administrator of the Drug insomnia.
recommends an initial compliance threshold Racemic (R, S) zopiclone, commonly
of ‘‘within 24 months after the original issue
Enforcement Administration (DEA) to
place the substance zopiclone, known as zopiclone, is a
date on this service bulletin’’ for Parts 1 and
including its salts, isomers and salts of pyrrolopyrazine derivative of the
4 of the service bulletin, and of ‘‘within 72
months after the original issue date on this isomers into Schedule IV of the cyclopyrrolone class and is a mixture
service bulletin’’ for Part 2 of the service Controlled Substances Act (CSA). This composed of equal proportions of two
bulletin, this AD requires an initial proposed action is based on a optical isomers identified as (S)-
compliance threshold of ‘‘within 24 months recommendation from the Acting zopiclone (or eszopiclone) and (R)-
after the effective date of this AD’’ for Parts Assistant Secretary for Health of the zopiclone. Its chemical name is 1-
1 and 4 of the service bulletin and of ‘‘within piperazinecarboxylic, 4-methyl-, (5RS)-
72 months after the effective date of this AD’’
Department of Health and Human
Services (DHHS) and on an evaluation 6-(5-chloro-2-pyridinyl)-6,7-dihydro-7-
for Part 2 of the service bulletin. oxo-5H-pyrrolo [3,4-b]pyrazin-5yl ester
(h) If any damage or crack is found during of the relevant data by DEA. If finalized,
any inspection or corrective action required this action will impose the regulatory (CAS number 43200–80–2). Eszopiclone
by this AD, before further flight, repair in controls and criminal sanctions of is the most active component of the
accordance with the Accomplishment Schedule IV on those who handle racemic (R,S) zopiclone.
Instructions of Boeing Alert Service Bulletin zopiclone and products containing Zopiclone and its (S) and (R) forms of
747–54A2218, dated June 17, 2004; except, zopiclone. optical isomers share with
where the service bulletin specifies to contact benzodiazepines (e.g. diazepam)
Boeing, before further flight, repair according DATES: Written comments must be substantial similarities in their
to a method approved by the Manager, postmarked, and electronic comments pharmacological properties such as
Seattle Aircraft Certification Office (ACO), must be sent, on or before March 16,
FAA; or according to data meeting the
anxiolytic, sedative and hypnotic
2005. actions. In controlled clinical studies,
certification basis of the airplane approved
by an Authorized Representative for the ADDRESSES: To ensure proper handling zopiclone has been found to be superior
Boeing Delegation Option Authorization of comments, please reference ‘‘Docket to placebo on subjective measures of
Organization who has been authorized by the No. DEA–262P’’ on all written and sleep latency and total sleep time. In

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