Airworthiness Directives; Boeing Model 757 Series Airplanes, 72939-72942 [05-23777]
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Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules
FAA’s Determination and Requirements
of the Proposed AD
These airplane models are
manufactured in the United Kingdom
and are type certificated for operation in
the United States under the provisions
of section 21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the CAA has
kept the FAA informed of the situation
described above. We have examined the
CAA’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously.
Costs of Compliance
This proposed AD would affect about
21 airplanes of U.S. registry. The
proposed actions would take about 75
work hours per airplane, at an average
labor rate of $65 per work hour.
Required parts would cost about $3,192
per airplane. Based on these figures, the
estimated cost of the proposed AD for
U.S. operators is $169,407, or $8,067 per
airplane, per replacement cycle.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
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
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Jkt 208001
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the 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); 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 proposed 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, 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
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
BAE Systems (Operations) Limited
(Formerly British Aerospace Regional
Aircraft): Docket No. FAA–2005–23215;
Directorate Identifier 2005–NM–212–AD.
72939
which could lead to flight control restrictions
and result in reduced controllability 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 Replacement
(f) Before the accumulation of 96 months
on a bearing since new, or within 16 months
after the effective date of this AD, whichever
is later: Replace the elevator servo tab hinge
bearings, elevator servo tab mechanism
bearings, elevator trim tab hinge bearings,
and elevator trim tab drive rod bearings with
new bearings, in accordance with the
Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.27–177, dated June 3,
2004. Repeat the replacements thereafter at
intervals not to exceed 96 months.
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(h) British airworthiness directive G–2005–
0014, dated May 31, 2005, also addresses the
subject of this AD.
Issued in Renton, Washington, on
November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–23778 Filed 12–7–05; 8:45 am]
BILLING CODE 4910–13–P
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 9, 2006.
DEPARTMENT OF TRANSPORTATION
Affected ADs
(b) None.
14 CFR Part 39
Applicability
(c) This AD applies to all BAE Systems
(Operations) Limited Model BAe 146–100A,
–200A, and –300A series airplanes; and
Model Avro 146–RJ70A, 146–RJ85A, and
146–RJ100A airplanes; certificated in any
category.
Unsafe Condition
(d) This AD results from reported incidents
of flight control surface restrictions due to
the deterioration of flight control surface
bearings. We are issuing this AD to prevent
corrosion of flight control surface bearings
and freezing of moisture inside the bearings,
due to loss of lubrication in the bearings,
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Federal Aviation Administration
[Docket No. FAA–2005–23213; Directorate
Identifier 2005–NM–192–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 757 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
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72940
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules
Boeing Model 757 series airplanes. The
existing AD currently requires revising
the Airworthiness Limitations Section
of the maintenance manual (757
Airworthiness Limitations Instructions
(ALI)) to incorporate certain inspections
and compliance times to detect fatigue
cracking of principal structural elements
(PSEs). This proposed AD would require
incorporating a new revision to the
Airworthiness Limitations section of the
Instructions of Continued Airworthiness
to mandate certain repetitive
inspections for fatigue cracking of PSEs.
This proposed AD also would add
airplanes to the applicability in the
existing AD. This proposed AD results
from a new revision to the ALI. We are
proposing this AD to ensure that fatigue
cracking of various PSEs is detected and
corrected; such fatigue cracking could
adversely affect the structural integrity
of these airplanes.
DATES: We must receive comments on
this proposed AD by January 23, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this proposed
AD.
FOR FURTHER INFORMATION CONTACT:
Dennis Stremick, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6450; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed in the
ADDRESSES section. Include the docket
number ‘‘Docket No. FAA–2005–23213;
Directorate Identifier 2005–NM–192–
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16:15 Dec 07, 2005
Jkt 208001
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of that web
site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or may can visit https://
dms.dot.gov.
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the Docket
Management System receives them.
Discussion
On October 4, 2001, we issued AD
2001–20–12, amendment 39–12460 (66
FR 52492, October 16, 2001), for certain
Boeing Model 757 series airplanes. That
AD requires revising the Airworthiness
Limitations Section of the maintenance
manual (757 Airworthiness Limitations
Instructions (ALI)) to incorporate certain
inspections and compliance times to
detect fatigue cracking of principal
structural elements (PSEs). That AD
resulted from analysis of data that
identified specific initial inspection
thresholds and repetitive inspection
intervals for certain PSEs to be added to
the ALI. We issued that AD to ensure
that fatigue cracking of various PSEs is
detected and corrected; such fatigue
cracking could adversely affect the
structural integrity of these airplanes.
Actions Since Existing AD Was Issued
Since we issued AD 2001–20–12, a
new revision to the ALI has been issued
which mandates certain inspections to
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meet the damage tolerance requirements
of 14 CFR 25.571.
Relevant Service Information
We have reviewed Section 9,
‘‘Airworthiness Limitations and
Certification Maintenance
Requirements’’ of Boeing 757
Maintenance Planning Data (MPD)
Document D622N001–9, Revision ‘‘June
2005.’’ That document is the ALI of the
maintenance manual to which this
proposed AD refers. That document
describes specific initial inspection
thresholds and repetitive inspection
intervals for certain PSEs (identified as
structural significant items (SSI) in the
ALI). That document explicitly
identifies, for the first time, all of the
PSEs that are to be inspected in
accordance with the requirements of the
ALI. Accomplishing the actions
specified in the ALI is intended to
adequately address the unsafe
condition.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to develop on
other airplanes of the same type design.
For this reason, we are proposing this
AD, which would supersede AD 2001–
20–12 and would retain the
requirements of the existing AD. This
proposed AD would also require
accomplishing the actions specified in
the service information described
previously. This proposed AD also
would add airplanes to the applicability
in the existing AD.
Explanation of Change Made to This
Proposed AD
We have revised the ‘‘Alternative
Methods of Compliance (AMOCs)’’
paragraph in this proposed AD to clarify
the delegation authority for Authorized
Representatives for the Boeing
Commercial Airplanes Delegation
Option Authorization.
Change to Existing AD
This proposed AD would retain
certain requirements of AD 2001–20–12.
Since AD 2001–20–12 was issued, the
AD format has been revised, and the
paragraphs have been rearranged. As a
result, the corresponding paragraph
identifiers have changed in this
proposed AD, as listed in the following
table:
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Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD
2001–20–12
Paragraph (a) ............
Paragraph (c) ............
Corresponding
requirement in this
proposed AD
Paragraph (f).
Paragraph (g).
Costs of Compliance
There are about 1,038 airplanes of the
affected design in the worldwide fleet.
This proposed AD would affect about
673 airplanes of U.S. registry.
The actions that are required by AD
2001–20–12 and retained in this
proposed AD take about 1 work hour
per airplane, at an average labor rate of
$65 per work hour. Based on these
figures, the estimated cost of the
currently required actions is $65 per
airplane.
The new proposed actions would take
about 1 work hour per airplane, at an
average labor rate of $65 per work hour.
Based on these figures, the estimated
cost of the new actions specified in this
proposed AD for U.S. operators is
$43,745, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
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 that the proposed regulation:
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16:15 Dec 07, 2005
Jkt 208001
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 proposed 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, 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
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–12460 (66
FR 52492, October 16, 2001) and adding
the following new airworthiness
directive (AD):
Boeing: Docket No. FAA–2005–23213;
Directorate Identifier 2005–NM–192–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 23, 2006.
Affected ADs
(b) This AD supersedes AD 2001–20–12.
Applicability
(c) This AD applies to all Boeing Model
757–200, –200PF, and –300 series airplanes,
certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
incorporate new inspections for fatigue
cracking of principal structural elements
(PSEs). Compliance with these inspections is
required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered,
or repaired in the areas addressed by these
inspections, the operator may not be able to
incorporate the inspections described in the
revisions. In this situation, to comply with 14
CFR 91.403(c), the operator must request
approval for an alternative method of
compliance according to paragraph (j) of this
AD. The request should include a description
of changes to the required inspections that
will ensure the continued damage tolerance
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72941
of the affected structure. The FAA has
provided guidance for this determination in
Advisory Circular (AC) 25–1529.
Unsafe Condition
(d) This AD results from a new revision to
the Airworthiness Limitations Section of the
maintenance manual (757 Airworthiness
Limitations Instructions (ALI)). We are
issuing this AD to ensure that fatigue
cracking of various PSEs is detected and
corrected; such fatigue cracking could
adversely affect the structural integrity of
these airplanes.
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.
Requirements of AD 2001–20–12
Revision of Airworthiness Limitations and
Certification Maintenance Requirements
(f) For airplanes affected by or subject to
the requirements of AD 2001–20–12: Within
3 years after November 20, 2001 (the effective
date of AD 2001–20–12), revise Section 9 of
the Boeing 757 Maintenance Planning Data
(MPD) Document entitled ‘‘Airworthiness
Limitations and Certification Maintenance
Requirements (CMRs)’’ to incorporate
Subsection B. of Boeing Document
D622N001–9, Revision ‘‘May 1997,’’ or
Revision ‘‘November 1998.’’ Accomplishing
the requirements in paragraph (h) of this AD
ends the requirements in this paragraph.
Note 2: For the purposes of this AD, the
terms Principal Structural Elements (PSEs) as
used in this AD, and Structural Significant
Items (SSIs) as used in Section 9 of Boeing
757 MPD Document, are considered to be
interchangeable.
No Alternative Inspections/Inspection
Intervals
(g) Except as provided in paragraph (j) of
this AD: After the actions required by
paragraph (f) of this AD have been
accomplished, no alternative inspections or
inspection intervals shall be approved for the
PSEs contained in Boeing Document
D622N001–9, Revision ‘‘May 1997’’ or
‘‘November 1998.’’
New Actions Required by This AD
(h) For all airplanes: Within 36 months
after the effective date of this AD, revise
Section 9, ‘‘Airworthiness Limitations and
CMRs’’ of the Boeing 757 MPD to incorporate
Subsection B. of Boeing Document
D622N001–9, Revision ‘‘June 2005.’’
Accomplishing the requirements in this
paragraph ends the requirements in
paragraph (f) of this AD.
No Alternative Inspections/Inspection
Intervals
(i) Except as provided in paragraph (j) of
this AD: After the actions required by
paragraph (h) of this AD have been
accomplished, no alternative inspections or
inspection intervals shall be approved for the
PSEs contained in Boeing 757 MPD
Document D622N001–9, Revision ‘‘June
2005.’’
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72942
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules
Alternative Methods of Compliance (AMOCs)
(j)(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) AMOCs approved previously in
accordance with AD 2001–20–12, are
approved as AMOCs for the corresponding
provisions of this AD.
(3) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
(4) 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.
Issued in Renton, Washington, on
November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–23777 Filed 12–7–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002–NM–172–AD]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146 and Avro 146–RJ Airplanes
Federal Aviation
Administration, DOT.
ACTION: Supplemental notice of
proposed rulemaking; reopening of
comment period.
AGENCY:
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to all BAE Systems
(Operations) Limited Model BAe 146
and Avro 146–RJ airplanes, that would
have required installation of a linear
fluid-filled damper between each
elevator surface and the airplane
structure on both the left and right sides
of the airplane, along with related
structural and system modifications.
This new action revises the proposed
rule by updating and adding service
information, and changing the
compliance time. The actions specified
by this new proposed AD are intended
to prevent pitch oscillation (vertical
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16:15 Dec 07, 2005
Jkt 208001
bouncing) of the fuselage due to
excessive ice buildup on the elevator
servo tab, and consequent reduced
controllability of the airplane. This
action is intended to address the
identified unsafe condition.
DATES: Comments must be received by
January 3, 2006.
ADDRESSES: Submit comments in
triplicate to the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, ANM–114,
Attention: Rules Docket No. 2002–NM–
172–AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
Comments may be inspected at this
location between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. Comments may be submitted
via fax to (425) 227–1232. Comments
may also be sent via the Internet using
the following address: 9-anmnprmcomment@faa.gov. Comments sent
via fax or the Internet must contain
‘‘2002–NM–172–AD’’ in the subject line
and need not be submitted in triplicate.
Comments sent via the Internet as
attached electronic files must be
formatted in Microsoft Word 97 or 2000
or ASCII text.
The service information referenced in
the proposed rule may be obtained from
British Aerospace Regional Aircraft
American Support, 13850 Mclearen
Road, Herndon, Virginia 20171. This
information may be examined at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer;
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to
participate in the making of the
proposed rule by submitting such
written data, views, or arguments as
they may desire. Communications shall
identify the Rules Docket number and
be submitted in triplicate to the address
specified above. All communications
received on or before the closing date
for comments, specified above, will be
considered before taking action on the
proposed rule. The proposals contained
in this action may be changed in light
of the comments received.
Submit comments using the following
format:
• Organize comments issue-by-issue.
For example, discuss a request to
change the compliance time and a
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request to change the service bulletin
reference as two separate issues.
• For each issue, state what specific
change to the proposed AD is being
requested.
• Include justification (e.g., reasons or
data) for each request.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the proposed rule. All comments
submitted will be available, both before
and after the closing date for comments,
in the Rules Docket for examination by
interested persons. A report
summarizing each FAA-public contact
concerned with the substance of this
proposal will be filed in the Rules
Docket.
Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this action
must submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket Number 2002–NM–172–AD.’’
The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this
NPRM by submitting a request to the
FAA, Transport Airplane Directorate,
ANM–114, Attention: Rules Docket No.
2002–NM–172–AD, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056.
Discussion
A proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) to include an airworthiness
directive (AD) that is applicable to all
BAE Systems (Operations) Limited
Model BAe 146 and Avro 146–RJ
airplanes was published as a notice of
proposed rulemaking (NPRM) in the
Federal Register on June 2, 2004 (69 FR
31045). That NPRM would have
required installation of a linear fluidfilled damper between each elevator
surface and the airplane structure on
both the left and right sides of the
airplane, along with related structural
and system modifications. That NPRM
was prompted by a manufacturer’s
report that, due to excessive ice buildup
on the elevator servo tab under certain
unusual atmospheric conditions, pitch
oscillation (vertical bouncing) of the
fuselage can occur. That condition, if
not corrected, could result in reduced
controllability of the airplane.
Actions Since Issuance of Previous
Proposal
Due consideration has been given to
the comments received in response to
the original NPRM.
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]]>Agencies
[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72939-72942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23777]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23213; Directorate Identifier 2005-NM-192-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain
[[Page 72940]]
Boeing Model 757 series airplanes. The existing AD currently requires
revising the Airworthiness Limitations Section of the maintenance
manual (757 Airworthiness Limitations Instructions (ALI)) to
incorporate certain inspections and compliance times to detect fatigue
cracking of principal structural elements (PSEs). This proposed AD
would require incorporating a new revision to the Airworthiness
Limitations section of the Instructions of Continued Airworthiness to
mandate certain repetitive inspections for fatigue cracking of PSEs.
This proposed AD also would add airplanes to the applicability in the
existing AD. This proposed AD results from a new revision to the ALI.
We are proposing this AD to ensure that fatigue cracking of various
PSEs is detected and corrected; such fatigue cracking could adversely
affect the structural integrity of these airplanes.
DATES: We must receive comments on this proposed AD by January 23,
2006.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6450; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2005-23213; Directorate Identifier 2005-NM-192-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of the
proposed AD. We will consider all comments received by the closing date
and may amend the proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or may
can visit https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
On October 4, 2001, we issued AD 2001-20-12, amendment 39-12460 (66
FR 52492, October 16, 2001), for certain Boeing Model 757 series
airplanes. That AD requires revising the Airworthiness Limitations
Section of the maintenance manual (757 Airworthiness Limitations
Instructions (ALI)) to incorporate certain inspections and compliance
times to detect fatigue cracking of principal structural elements
(PSEs). That AD resulted from analysis of data that identified specific
initial inspection thresholds and repetitive inspection intervals for
certain PSEs to be added to the ALI. We issued that AD to ensure that
fatigue cracking of various PSEs is detected and corrected; such
fatigue cracking could adversely affect the structural integrity of
these airplanes.
Actions Since Existing AD Was Issued
Since we issued AD 2001-20-12, a new revision to the ALI has been
issued which mandates certain inspections to meet the damage tolerance
requirements of 14 CFR 25.571.
Relevant Service Information
We have reviewed Section 9, ``Airworthiness Limitations and
Certification Maintenance Requirements'' of Boeing 757 Maintenance
Planning Data (MPD) Document D622N001-9, Revision ``June 2005.'' That
document is the ALI of the maintenance manual to which this proposed AD
refers. That document describes specific initial inspection thresholds
and repetitive inspection intervals for certain PSEs (identified as
structural significant items (SSI) in the ALI). That document
explicitly identifies, for the first time, all of the PSEs that are to
be inspected in accordance with the requirements of the ALI.
Accomplishing the actions specified in the ALI is intended to
adequately address the unsafe condition.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2001-20-12 and would retain the requirements of the
existing AD. This proposed AD would also require accomplishing the
actions specified in the service information described previously. This
proposed AD also would add airplanes to the applicability in the
existing AD.
Explanation of Change Made to This Proposed AD
We have revised the ``Alternative Methods of Compliance (AMOCs)''
paragraph in this proposed AD to clarify the delegation authority for
Authorized Representatives for the Boeing Commercial Airplanes
Delegation Option Authorization.
Change to Existing AD
This proposed AD would retain certain requirements of AD 2001-20-
12. Since AD 2001-20-12 was issued, the AD format has been revised, and
the paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
[[Page 72941]]
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement
Requirement in AD 2001-20-12 in this proposed AD
------------------------------------------------------------------------
Paragraph (a)............................. Paragraph (f).
Paragraph (c)............................. Paragraph (g).
------------------------------------------------------------------------
Costs of Compliance
There are about 1,038 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 673 airplanes of
U.S. registry.
The actions that are required by AD 2001-20-12 and retained in this
proposed AD take about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of the currently required actions is $65 per airplane.
The new proposed actions would take about 1 work hour per airplane,
at an average labor rate of $65 per work hour. Based on these figures,
the estimated cost of the new actions specified in this proposed AD for
U.S. operators is $43,745, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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 that the 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); 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 proposed 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, 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
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]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-12460 (66 FR 52492, October 16, 2001) and adding
the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2005-23213; Directorate Identifier 2005-NM-
192-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
23, 2006.
Affected ADs
(b) This AD supersedes AD 2001-20-12.
Applicability
(c) This AD applies to all Boeing Model 757-200, -200PF, and -
300 series airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to incorporate new inspections for fatigue
cracking of principal structural elements (PSEs). Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to incorporate the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529.
Unsafe Condition
(d) This AD results from a new revision to the Airworthiness
Limitations Section of the maintenance manual (757 Airworthiness
Limitations Instructions (ALI)). We are issuing this AD to ensure
that fatigue cracking of various PSEs is detected and corrected;
such fatigue cracking could adversely affect the structural
integrity of these airplanes.
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.
Requirements of AD 2001-20-12
Revision of Airworthiness Limitations and Certification Maintenance
Requirements
(f) For airplanes affected by or subject to the requirements of
AD 2001-20-12: Within 3 years after November 20, 2001 (the effective
date of AD 2001-20-12), revise Section 9 of the Boeing 757
Maintenance Planning Data (MPD) Document entitled ``Airworthiness
Limitations and Certification Maintenance Requirements (CMRs)'' to
incorporate Subsection B. of Boeing Document D622N001-9, Revision
``May 1997,'' or Revision ``November 1998.'' Accomplishing the
requirements in paragraph (h) of this AD ends the requirements in
this paragraph.
Note 2: For the purposes of this AD, the terms Principal
Structural Elements (PSEs) as used in this AD, and Structural
Significant Items (SSIs) as used in Section 9 of Boeing 757 MPD
Document, are considered to be interchangeable.
No Alternative Inspections/Inspection Intervals
(g) Except as provided in paragraph (j) of this AD: After the
actions required by paragraph (f) of this AD have been accomplished,
no alternative inspections or inspection intervals shall be approved
for the PSEs contained in Boeing Document D622N001-9, Revision ``May
1997'' or ``November 1998.''
New Actions Required by This AD
(h) For all airplanes: Within 36 months after the effective date
of this AD, revise Section 9, ``Airworthiness Limitations and CMRs''
of the Boeing 757 MPD to incorporate Subsection B. of Boeing
Document D622N001-9, Revision ``June 2005.'' Accomplishing the
requirements in this paragraph ends the requirements in paragraph
(f) of this AD.
No Alternative Inspections/Inspection Intervals
(i) Except as provided in paragraph (j) of this AD: After the
actions required by paragraph (h) of this AD have been accomplished,
no alternative inspections or inspection intervals shall be approved
for the PSEs contained in Boeing 757 MPD Document D622N001-9,
Revision ``June 2005.''
[[Page 72942]]
Alternative Methods of Compliance (AMOCs)
(j)(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) AMOCs approved previously in accordance with AD 2001-20-12,
are approved as AMOCs for the corresponding provisions of this AD.
(3) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(4) 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.
Issued in Renton, Washington, on November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23777 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-13-P
