[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Proposed Rules]
[Pages 26286-26289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10652]
[[Page 26286]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0425; Directorate Identifier 2011-NM-273-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for all The Boeing Company Model 717-200 airplanes. That NPRM
proposed requiring repetitive inspections for cracking of the overwing
frames, and corrective actions if necessary. That NPRM was prompted by
multiple reports of cracks of overwing frames. This action revises that
NPRM by revising the initial compliance time and providing an optional
modification that would extend the compliance time for the next
repetitive inspection. We are proposing this supplemental NPRM to
detect and correct such cracking, which could sever a frame and
increase the loading of adjacent frames, and could result in damage to
the adjacent structure and consequent loss of structural integrity of
the airplane. Since certain actions impose an additional burden over
that proposed in the NPRM, we are reopening the comment period to allow
the public the chance to comment on these proposed changes.
DATES: We must receive comments on this supplemental NPRM by June 20,
2013.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://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 W12-140, 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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: George Garrido, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; fax: 562-627-5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0425;
Directorate Identifier 2011-NM-273-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to all The Boeing Company
Model 717-200 airplanes. That NPRM published in the Federal Register on
May 9, 2012 (77 FR 27142). That NPRM proposed to require repetitive
inspections for cracking of the overwing frames, and corrective actions
if necessary.
Actions Since Previous NPRM Was Issued
Since we issued the previous NPRM (77 FR 27142, May 9, 2012), we
received additional reports of overwing frame cracks on this model. The
cracking occurred below the previous NPRM initial compliance time of
20,000 total flight cycles. Thus, we have determined that a shorter
compliance time for the initial inspection is necessary.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 717-53A0034,
Revision 1, dated November 7, 2012; and Boeing Service Bulletin 717-53-
0035, dated June 8, 2012. For information on the procedures and
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2012-0425.
Comments
We gave the public the opportunity to comment on the previous NPRM
(77 FR 27142, May 9, 2012). The following presents the comments
received on the previous NPRM and the FAA's response to each comment.
Request To Extend Comment Period
Boeing requested that we revise the original NPRM (77 FR 27142, May
9, 2012) to extend the comment period for up to 90 additional days to
give time to assess the information provided in the reports of Model
717 overwing frame cracks.
We do not agree with the commenter's request to extend the comment
period since we are issuing this supplemental NPRM (before issuing the
final rule), which automatically extends the comment period. We have
not changed the AD in this regard.
Request To Delay Issuance of AD
Airtran/Southwest Airlines requested a delay in the issuance of
this AD until Boeing (the original equipment manufacturer) had time to
build up an adequate stock of kits and/or frames until frame
replacements are required.
We disagree with the request to delay release of the AD since
Boeing has advised the FAA that the required kits will be available in
support of the compliance time of the AD. We have not
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changed this supplemental NPRM in this regard.
Request To Add Optional Overwing Frames Modification
Airtran/Southwest Airlines requested that we revise the original
NPRM (77 FR 27142, May 9, 2012) to add a paragraph stating:
If Boeing Service Bulletin 717-53-0035, dated June 8, 2012 is
accomplished, the inspection of overwing frame(s) for cracks can be
extended to 45,000 flight cycles from the time of modification of SB
717-53-0035 and 15,000 flight cycles thereafter.
We agree with the commenter's request to add a paragraph to add the
overwing frames modification as an option to the AD because the
modification provides protection against cracking of the overwing
frame(s). We disagree that the initial compliance time can be extended
to 45,000 flight cycles, but agree that the first post-modification
high frequency eddy current (HFEC) repetitive inspection may be
extended to 45,000 flight cycles. We have added paragraph (h) to this
supplemental NPRM to provide this option. We have also revised
paragraph (g) in this supplemental NPRM to correspond to the
manufacturer's recommended initial compliance time for the inspections
before the accumulation of 12,000 total flight cycles, with a
compliance time of 24 months or 8,275 flight cycles, whichever occurs
first.
FAA's Determination
We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM (77 FR 27142, May 9, 2012). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.
Proposed Requirements of the Supplemental NPRM
This supplemental NPRM would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Differences Between the Supplemental NPRM and the
Service Information.''
Differences Between the Supplemental NPRM and the Service Information
Boeing Service Bulletin 717-53-0035, dated June 8, 2012, specifies
to contact the manufacturer for FAA-approved repair instructions. This
proposed AD would require repairing those conditions in one of the
following ways:
Using a method that we approve; or
Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes ODA whom we have authorized to make
those findings.
Where Boeing Alert Service Bulletin 717-53A0034, Revision 1, dated
November 7, 2012, provides a compliance time for the initial inspection
(specified in paragraph (g) of this supplemental NPRM) of before 12,000
total flight cycles or within 8,275 flight cycles after the effective
date of this AD, whichever occurs later, this AD provides a compliance
time of the later of either before the accumulation of 12,000 total
flight cycles, or within 8,275 flight cycles or 24 months after the
effective date of this AD, whichever occurs first. In developing an
appropriate compliance time for this AD, we considered not only the
manufacturer's recommendation, but the degree of urgency associated
with addressing the subject unsafe condition, the average utilization
of the affected fleet, and the time necessary to perform the
inspections. In light of all of these factors, we find a minimum
compliance time of 24 months or 8,275 flight cycles after the effective
date of this AD for completing the required actions to be warranted, in
that it represents an appropriate interval of time for affected
airplanes to continue to operate without compromising safety. This
difference has been coordinated with Boeing.
Costs of Compliance
We estimate that this proposed AD affects 129 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspections.................. 46 work-hours x $0.................. $3,910.............. $504,390.
$85 per hour =
$3,910 per
inspection
cycle.
Installation of optional 30 work-hours x Up to $2,727........ Up to $5,277........ Up to $680,733.
modification. $85 per hour =
$2,550 per
inspection
cycle.
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We estimate the following costs to do any necessary replacements/
repairs that would be required based on the results of the proposed
inspections. We have no way of determining the number of aircraft that
might need these replacements:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Blendout repair................... 12 work-hours x $85 $0........................ $1,020.
per hour = $1,020.
Replacement of a frame station.... 130 work-hours x $85 Up to $86,977............. Up to $98,027.
per hour = $11,050.
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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
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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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2012-0425; Directorate Identifier
2011-NM-273-AD.
(a) Comments Due Date
We must receive comments by June 20, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 717-200
airplanes, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by multiple reports of cracks of overwing
frames. We are issuing this AD to detect and correct such cracking
that could sever a frame, which may increase the loading of adjacent
frames, and result in damage to the adjacent structure and
consequent loss of structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections and Corrective Actions
At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Do a general visual inspection and a high
frequency eddy current (HFEC) inspection for cracking of the left-
side and right-side overwing frames at stations 674, 696, and 715;
and do all applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
53A0034, Revision 1, dated November 7, 2012. Repeat the inspections
thereafter at the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 717-53A0034,
Revision 1, dated November 7, 2012, except as provided by paragraph
(h) of this AD.
(1) Before the accumulation of 12,000 total flight cycles.
(2) Within 24 months or 8,275 flight cycles after the effective
date of this AD, whichever occurs first.
(h) Optional Terminating Action
Modification of left-side and right-side overwing frames at
stations 674, 696, and 715, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 717-53-0035, dated June 8,
2012, terminates the inspections required by paragraph (g) of this
AD, and extends the compliance time of the modified area for the
next repetitive HFEC inspection to 45,000 flight cycles after the
modification, provided that the actions in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD are accomplished, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
717-53-0035, dated June 8, 2012. Do the inspections specified in
paragraph (g) of this AD prior to, or concurrently with, the
modification specified in paragraph (h) of this AD.
(1) The overwing frame improvement modification of left-side and
right-side overwing frames at stations 674, 696, and 715 is
installed and HFEC inspection is done within 45,000 flight cycles
from the time the modification is installed, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 717-53-0035,
dated June 8, 2012.
(2) If no crack is found during any inspection specified by
paragraph (h)(1) of this AD, the HFEC inspections at the modified
area are repeated thereafter at the applicable time specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
717-53-0035, dated June 8, 2012.
(3) If any crack is found during any inspection specified by
paragraph (h)(1) of this AD, the frame is repaired or replaced using
a method approved in accordance with the procedures specified in
paragraph (j) of this AD, before further flight.
(i) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraph (g) of this AD, if the general visual inspection and HFEC
inspection for cracking of the left-side and right-side overwing
frames at stations 674, 696, and 715, and the applicable related
investigative and corrective actions, were performed before the
effective date of this AD using Boeing Alert Service Bulletin 717-
53A0034, dated October 5, 2011, which is not incorporated by
reference in this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(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 the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 FR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
(k) Related Information
(1) For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email:
[email protected].
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet
https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington.
[[Page 26289]]
For information on the availability of this material at the FAA,
call 425-227-1221.
Issued in Renton, Washington, on April 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-10652 Filed 5-3-13; 8:45 am]
BILLING CODE 4910-13-P