[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60670-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24029]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0211; Directorate Identifier 2012-NM-230-AD;
Amendment 39-17597; AD 2013-19-15]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, and 747SR series airplanes. This AD was
prompted by reports of cracking at the aft upper corner of the main
entry door (MED) 5 cutout. This AD requires inspecting for the presence
of repairs and measuring the edge margin at certain fastener locations
around the upper aft corner of the door cutout, inspecting for any
cracking of the fuselage skin assembly and bear strap in the aft upper
corner area of the door cutout, and repairing or modifying the fuselage
skin assembly and bear strap if necessary. We are issuing this AD to
detect and correct cracking of the skin and bear straps at the aft
upper corner of the MED 5 cutout, which could result in in-flight
depressurization.
DATES: This final rule is effective November 6, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 6,
2013.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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
[[Page 60671]]
docket contains this AD, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone: 800-647-5527) is Document Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-6432;
fax: (425) 917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on March 28, 2013 (78 FR 18917).
The NPRM proposed to require inspecting for the presence of repairs and
measuring the edge margin at certain fastener locations around the
upper aft corner of the door cutout, inspecting for any cracking of the
fuselage skin assembly and bear strap in the aft upper corner area of
the door cutout, and repairing or modifying the fuselage skin assembly
and bear strap if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 18917, March 28, 2013) and the FAA's response to each comment.
Request To Provide Clarification or Revision of Corrective Actions
Phrase in Paragraph (g)(2) of the NPRM (78 FR 18917, March 28, 2013)
UPS requested that the phrase ``applicable corrective or additional
actions'' be used in place of ``applicable corrective actions'' in
paragraph (g)(2) of the NPRM (78 FR 18917, March 28, 2013). UPS found
the use of ``applicable corrective actions'' to be confusing in the
case when no cracks are found during the inspection and stated the
phrase could lead to problems with interpretation. UPS stated that for
airplanes on which no cracks are found, Boeing Alert Service Bulletin
747-53A2839, dated November 6, 2012, specifies the installation of a
preventative modification, with the option of doing the repetitive
inspections until installation of the preventative modification. UPS
added that it is not intuitively clear that corrective action is
required for the case where no cracks are found.
We agree that clarification is necessary. We have revised the
phrasing and paragraph structure of paragraph (g)(2) of this final rule
to clarify what is required or acceptable in the case of no crack
findings. However, we have not used the phrase ``applicable corrective
or additional actions'' as suggested by UPS.
Request To Add Option To Do Certain Actions by Using Service
Information
Boeing requested that paragraph (g)(1) of the NPRM (78 FR 18917,
March 28, 2013) be revised to refer to Boeing Alert Service Bulletin
747-53A2839, dated November 6, 2012, for instructions instead of
referencing the alternative method of compliance (AMOC) process. Boeing
referred to similar language in the last sentence of paragraph (g)(2)
of the NPRM and suggested adding that language to paragraph (g)(1) of
the NPRM would clarify the required actions.
We disagree. For the condition addressed by paragraph (g)(1) of
this final rule, Boeing Alert Service Bulletin 747-53A2839, dated
November 6, 2012, states to ``Do inspections or change the repair, as
described by Boeing.'' To require operators to contact Boeing for these
actions would be delegating our rulemaking authority to the
manufacturer. Paragraph (h)(2) of this final rule also requires using
the AMOC process instead where Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, specifies to contact Boeing. We have
not changed this final rule in this regard.
Request To Approve an Alternate Generic Repair Scheme as an AMOC
British Airways requested that an alternate generic repair scheme
be approved as an AMOC to this final rule. British Airways stated that
it is in favor of doing the detailed inspections for the presence of
repairs and measuring the edge margin, as it has had several findings
during the accomplishment of Boeing Alert Service Bulletin 747-53A2839,
dated November 6, 2012. However, due to insufficient availability of
the modification kit (due to the service bulletin validation process),
Boeing had provided an alternate generic repair scheme to British
Airways which allowed British Airways to manufacture certain repair
parts. British Airways stated it has requested that Boeing include the
alternate generic repair scheme in the next revision of Boeing Alert
Service Bulletin 747-53A2839, dated November 6, 2012.
We disagree. An AMOC is issued only after an AD has been issued and
only after data are provided to show that the proposed solution is
complete and addresses the unsafe condition. The alternate generic
repair scheme that British Airways attached to its comment states that
the ``repair is generic, and may need to be modified to account for the
existing configuration and reported conditions.'' Therefore, each
repair will need to be evaluated on a case-by-case basis. Once we issue
this final rule, anyone may submit an AMOC request to use an alternate
generic repair scheme under the provisions of paragraph (j) of this
final rule. Sufficient data must be submitted to substantiate the
generic repair and show that it would provide an acceptable level of
safety. We have not changed this final rule in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
[Agr]re consistent with the intent that was proposed in
the NPRM (78 FR 18917, March 28, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 18917, March 28, 2013).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 246 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
[[Page 60672]]
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspect for repair and 1 work-hour x None................ Up to $170.......... Up to $41,820.
measure edge margin. $85 per hour =
$85 per door
(up to 2 doors
per airplane).
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We estimate the following costs to do any necessary repetitive
inspections, repairs or modifications that would be required based on
the results of the inspection. We have no way of determining the number
of aircraft that might need these inspections, repairs or modification:
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Repetitive inspections of un-repaired 6 work-hours x $85 per None................... $510 per door, per
area. hour = $510 per door, inspection cycle.
per inspection cycle.
Repair or modification............... 10 work-hours x $85 per Between $7,654 and Between $8,504 and
hour = $850 per door. $17,426 per door. $18,276 per door.
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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
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
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2013-19-15 The Boeing Company: Amendment 39-17597; Docket No. FAA-
2013-0211; Directorate Identifier 2012-NM-230-AD.
(a) Effective Date
This AD is effective November 6, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 747-100, -100B, -
100B SUD, -200B, -200C, -200F, -300, -400, -400D, -400F, and 747SR
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 747-53A2839, dated November 6, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracking at the aft upper
corner of the main entry door (MED) 5 cutout. We are issuing this AD
to detect and correct cracking of the skin and bear straps at the
aft upper corner of the MED 5 cutout, which could result in in-
flight depressurization.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections and Measurement
Except as specified in paragraph (h)(1) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2839, dated November 6, 2012:
Do a detailed inspection for the presence of repairs at the aft
upper corner of the MED 5 cutout, and measure the edge margin at
certain fastener locations around the corner of the door cutout, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2839, dated November 6, 2012.
(1) If a repair is found: Before further flight, inspect or
change the repair, using a method approved in accordance with the
procedures specified in paragraph (j) of this AD.
(2) If no repair is found, except as specified in paragraph
(h)(1) of this AD, at the applicable time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2839,
dated November 6, 2012: Do detailed and high frequency eddy current
(HFEC) inspections for any cracking of the fuselage skin assembly
and bear strap in the aft upper corner area of the door cutout, as
applicable, and do all applicable corrective actions, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2839, dated November 6, 2012, except as required by
paragraph (h)(2) of this AD. Do all applicable
[[Page 60673]]
corrective actions before further flight. If no cracking is found:
Before further flight, install a preventative modification, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2839, dated November 6, 2012, except as
required by paragraph (h)(2) of this AD.
(i) Options provided in Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, for accomplishing the applicable
corrective action are acceptable for the corresponding requirements
of paragraph (g)(2) of this AD, provided that the inspections and
preventative modification are done at the applicable times in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2839, dated November 6, 2012.
(ii) Options provided in Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, for accomplishing the preventative
modification when no cracking is found are acceptable for the
corresponding requirements of paragraph (g)(2) of this AD, provided
that the inspections and preventative modification are done at the
applicable times in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2839, dated November 6, 2012.
(h) Exceptions to the Service Information
(1) Where Boeing Alert Service Bulletin 747-53A2839, dated
November 6, 2012, specifies compliance times ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance times ``after the effective date of
this AD.''
(2) Where Boeing Alert Service Bulletin 747-53A2839, dated
November 6, 2012, specifies to contact Boeing for appropriate
action: Before further flight, do the action using a method approved
in accordance with the procedures specified in paragraph (j) of this
AD.
(i) Post-Repair/Post-Modification Inspections
The post-repair or post-modification inspections specified in
table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2839, dated November 6, 2012, are not required by
this AD.
Note 1 to paragraph (i) of this AD: The post-repair or post-
modification inspection specified in table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2839, dated
November 6, 2012, may be used in support of compliance with section
121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation Regulations
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The corresponding
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2839, dated November 6, 2012, are not
required by this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 paragraph (k) of this AD.
Information may be emailed to: [email protected].
(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, 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.
(k) Related Information
For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone: (425) 917-6432; fax: (425) 917-6590; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 747-53A2839, dated November 6,
2012.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this service information at 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.
(5) You may view this service information that is incorporated
by reference 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24029 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P