Airworthiness Directives; Boeing Model 727, 727C, 727-100, and 727-100C Series Airplanes, 74237-74240 [05-24052]
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Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Proposed Rules
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
the compliance times specified, unless the
actions have already been done.
Review Airplane Maintenance Records/
Investigative and Corrective Actions
(f) Within 65 months or 6,500 flight hours
after the effective date of this AD, whichever
is first: Review the airplane’s maintenance
records to determine the part number (P/N)
of each MFLI of the fuel tank in accordance
with the Accomplishment Instructions of
Airbus Service Bulletin A320–28–1138,
dated March 18, 2005. If the P/N cannot be
identified, or the P/N is identified in the ‘‘old
P/N’’ column of the table in paragraph 1.L.,
‘‘Interchangeability/Mixability,’’ of the
service bulletin, before further flight, do the
applicable related investigative and
corrective actions by accomplishing all of the
actions in accordance with the
Accomplishment Instructions of the service
bulletin.
Parts Installation
(g) As of the effective date of this AD, no
person may install on any airplane any MFLI
with a P/N identified in the ‘‘old P/N’’
column of the table in paragraph 1.L.,
‘‘Interchangeability/Mixability,’’ of Airbus
Service Bulletin A320–28–1138, dated March
18, 2005.
Alternative Methods of Compliance
(AMOCs)
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Airbus: Docket No. FAA–2005–23314;
Directorate Identifier 2005–NM–189–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 17, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318–
100 and A319–100 series airplanes; A320–
111 airplanes; A320–200 series airplanes;
and A321–100 and A321–200 series
airplanes; certificated in any category; except
airplanes on which Airbus Modification
27496 has been installed in production.
Unsafe Condition
(d) This AD results from several in-service
incidents of wear and detachment of topstops from the magnetic fuel level indicators
(MFLI). Such detachment allows the top-stop
to move around the fuel tank, and the topstop could come into contact or in close
proximity with a gauging probe, resulting in
compromise of the air gap between the probe
and the structure and creating a potential
ignition source. We are issuing this AD to
prevent an ignition source in the fuel tank in
the event of a lightning strike, which could
result in a fire or explosion.
(h)(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
(i) French airworthiness directive F–2005–
108, dated July 6, 2005, also addresses the
subject of this AD.
Issued in Renton, Washington, on
December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–24051 Filed 12–14–05; 8:45 am]
BILLING CODE 4910–13–P
Compliance
(e) You are responsible for having the
actions required by this AD performed within
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74237
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23313; Directorate
Identifier 2005–NM–111–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727, 727C, 727–100, and 727–
100C Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
Boeing Model 727, 727C, 727–100, and
727–100C series airplanes. This
proposed AD would require repetitive
inspections for cracks in the body skin
and bear strap at the upper and lower
hinge cutouts of the mid-cabin galley
doorway, along the upper fastener row
of the stringer 14R lap splice, and in the
doorstop fitting adjacent to the upper
hinge cutout; and corrective action if
necessary. This proposed AD also
provides for optional terminating action
for certain inspections. This proposed
AD results from reports of skin and bear
strap cracking at the upper and lower
hinge cutout and along the upper
fastener row of the stringer 14R lap
splice, and cracking in the doorstop
fitting adjacent to the upper hinge
cutout. There are also reports of
cracking on airplanes previously
modified to prevent such cracking. We
are proposing this AD to find and fix
fatigue cracking of the fuselage, which
could result in reduced structural
integrity and consequent rapid
decompression of the airplane.
DATES: We must receive comments on
this proposed AD by January 30, 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,
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Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Proposed Rules
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 the service
information identified in this proposed
AD.
FOR FURTHER INFORMATION CONTACT:
Daniel F. Kutz, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6456; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Include the
docket number ‘‘FAA–2005–23313;
Directorate Identifier 2005–NM–111–
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 DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may 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
We have received a report indicating
that a 0.73 inch long skin crack was
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14:18 Dec 14, 2005
Jkt 208001
found at the upper corner of the upper
hinge cutout of the mid-cabin galley
doorway on a Model 727 series airplane.
The crack was similar to cracking found
and fixed previously on other Model
727 series airplanes. Further inspections
revealed a 1 inch crack in the bear strap,
and cracks in the doorstop fitting
adjacent to the upper hinge cutout.
Investigation of the Model 727 airplane
history revealed reports of 15 skin
cracks having lengths up to 2 inches on
12 airplanes with between 23,400 and
54,600 flight cycles. Of the reported skin
cracks, there were three reports of
associated bear strap crack indications
on three airplanes. One of the airplanes
also had a cracked door stop fitting
adjacent to the upper hinge cutout. Five
cracks on five of the airplanes were
located near the lower hinge cutout in
the upper row of fasteners of the skin
lap joint at stringer 14R. Some of the
cracks were found on airplanes that
were modified in service by increasing
the radius of the corners of the body
skin at the hinge cutouts, and installing
doublers at the high cutouts; and
airplanes on which the equivalent
modification was done in production.
These modifications did not prevent the
cracking. This cracking, if not corrected,
could result in reduced structural
integrity and consequent rapid
decompression of the airplane.
Other Relevant Rulemaking
On January 16, 1990, the FAA issued
AD 90–06–09, amendment 39–6488 (55
FR 8370, March 7, 1990), applicable to
certain Boeing Model 727 series
airplanes, which requires the
incorporation of certain structural
modifications specified by Boeing
Document No. D6–54860, Revision C,
dated December 11, 1989, ‘‘Aging
Airplane Service Bulletin Structural
Modification Program—Model 727.’’
That Boeing document references
numerous Boeing service bulletins that
specify various modification actions
that are mandated by AD 90–06–09. The
actions required by that AD are
intended to prevent a degradation in the
structural capabilities of the affected
airplanes, which could result in
structural failure. That action also
reflects the FAA’s decision that longterm continued operational safety
would be ensured by actual
modification of the airframe rather than
repetitive inspection. One of the
structural modifications in that AD is of
the body skin of the mid-galley door
hinge cutouts done in accordance with
Boeing Service Bulletin 727–53–0054,
Revision 1, dated November 16, 1989.
Service Bulletin 727–53–0054 describes
procedures for inspection of the forward
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upper and lower corners at the hinge
cutouts of the mid-cabin galley doorway
for cracks in the body skin, a
modification to the corners of the hinge
cutouts, and installation of doublers at
the hinge cutouts of the mid-cabin
galley doorway. (Service Bulletin 727–
53–0054 is referenced in Boeing
Document No. D6–54860, Revision C, as
one source of service information for
accomplishing the actions.)
On May 12, 1998, we issued AD 98–
11–03, amendment 39–10530 (63 FR
27455, May 19, 1998), applicable to all
Boeing Model 727 series airplanes. (A
correction of that AD was published in
the Federal Register as AD 98–11–03
R1, amendment 39–10983, on December
30, 1998 (64 FR 989, January 7, 1999).)
That AD requires that the FAAapproved maintenance inspection
program be revised to include
inspections of Structurally Significant
Items (SSI) based on damage tolerance
analysis. That AD also allows operators
not to change their programs if they
determine that the existing inspections
are effective for the new or affected SSI.
On April 19, 2000, we issued AD
2000–08–19, amendment 39–11705 (65
FR 25278, May 1, 2000), applicable to
certain Boeing Model 727 and 727C
series airplanes. That AD requires onetime inspections of the exterior body
skin located at the forward corners of
the mid-galley door hinge cutouts to
detect cracking, and corrective actions if
necessary. That AD also requires
modification of the body skin of the
mid-galley door hinge cutouts. Boeing
Service Bulletin 727–53–0054, Revision
1, dated November 16, 1989, was
referenced in that AD as the appropriate
source of service information for
accomplishing the required actions. The
service bulletin describes procedures for
inspection of the forward upper and
lower corners at the hinge cutouts of the
mid-cabin galley doorway for cracks in
the body skin, a modification to the
corners of the hinge cutouts, and
installation of doublers at the hinge
cutouts of the mid-cabin galley
doorway.
Since issuance of AD 90–06–09 and
AD 2000–08–19, we have determined
that the actions required by those ADs
pertaining to the mid-galley door hinge
cutouts are not adequate to prevent
cracking in this area. The subject
cracking of the bear strap, door stop
fitting, and skin lap joint area is bigger
than the area specified in the actions
required by AD 90–06–09 and AD 2000–
08–19; therefore, the cracks may have
been undetected at the time a
modification or repair was done. We
have determined that additional work is
necessary for airplanes on which a
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Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Proposed Rules
modification or repair required by AD
90–06–09 or AD 2000–08–19 was done
without additional inspections
recommended in the service bulletin
referenced in this proposed AD.
Relevant Service Information
We have reviewed Boeing Alert
Service Bulletin 727–53A0228, dated
March 24, 2005. The service bulletin
describes procedures for repetitive
inspections for any cracks, including
stop-drilled, trimmed-out, or repaired
cracks, in the body skin and bear strap
at the upper and lower hinge cutouts of
the mid-cabin galley doorway; along the
upper fastener row of the stringer 14R
lap splice; and in the doorstop fitting
adjacent to the upper hinge cutout; and
corrective action if necessary. The types
of inspections are detailed and special
detailed inspections’which include
surface high frequency eddy current
(HFEC), open-hole HFEC, and
fluorescent dye penetrant inspections. If
a modification or repair required by AD
90–06–09 or AD 2000–08–19 was done,
the service bulletin describes
procedures for removing the doublers
before accomplishing the inspections.
Corrective action includes replacing any
cracked doorstop fitting with a new
fitting, and repairing cracks in the skin
or bear strap per repair instructions
from Boeing. The service bulletin also
specifies that replacement of a door stop
fitting with a new door stop fitting made
of 7075 material eliminates the need to
repeat the inspection of that stop fitting.
Door stop fittings having part number
65–23674–7 are made of 7075 material
and do not need to be inspected. The
service bulletin also recommends
providing the details of any crack
findings to Boeing for repair
instructions.
The compliance times for the
inspections specified in Table 1 of
paragraph 1.E. ‘‘Compliance’’ of the
service bulletin are to be accomplished
before the accumulation of 20,000 total
flight cycles or within 2,000 flight
cycles after the effective date of the AD,
whichever is later; the repetitive
interval is every 6,000 flight cycles.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to exist or
develop on other airplanes of this same
type design. For this reason, we are
proposing this AD, which would require
accomplishing the actions specified in
the service information described
previously, except as discussed under
‘‘Difference Between the Proposed AD
and the Service Bulletin.’’
Difference Between the Proposed AD
and the Service Bulletin
Paragraph 1.F. of the service bulletin
specifies, ‘‘Any cracks found must be
repaired, before further flight, in
accordance with a method approved by
the Manager, Seattle ACO, FAA,
Transport Airplane Directorate; or in
accordance with data meeting the type
certification basis of the airplane,
approved by a Boeing Company
Authorized Representative who has
74239
been authorized by the Manager, Seattle
ACO, to make such findings.’’ However,
the Accomplishment Instructions of the
alert service bulletin specify to contact
the manufacturer for instructions on
how to repair certain conditions.
Therefore, we provide the following
clarification: Where the
Accomplishment Instructions of the
alert service bulletin specify to provide
the details of any crack findings to
Boeing for repair instructions, this
proposed AD would require repairing
those conditions in one of the following
ways:
• Using a method we approve; or
• Using data that have been approved
by an Authorized Representative for the
Boeing Commercial Airplanes
Delegation Option Authorization
Organization whom we have authorized
to make those findings.
Interim Action
We consider this proposed AD
interim action. The manufacturer is
currently developing a modification that
will address the unsafe condition
identified in this proposed AD. Once
this modification is developed,
approved, and available, we may
consider additional rulemaking.
Costs of Compliance
There are about 232 airplanes of the
affected design in the worldwide fleet.
This proposed AD would affect about
123 airplanes of U.S. registry. The
following table provides the estimated
costs for U.S. operators to comply with
this proposed AD.
ESTIMATED COSTS
Work hours
Airplane group
Group
Group
Group
Group
Average
hourly labor
rate
10
10
9
9
$65
65
65
65
1, Configuration 1 .........................................................................................................................
1, Configuration 2 .........................................................................................................................
1, Configuration 3 .........................................................................................................................
2 ....................................................................................................................................................
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
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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
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Cost per
airplane
$650
650
585
585
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,
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Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Proposed Rules
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):
Boeing: Docket No. FAA–2005–23313;
Directorate Identifier 2005–NM–111–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 30, 2006.
Affected ADs
(b) This AD is related to AD 98–11–03,
amendment 39–10530, as corrected by AD
98–11–03 R1, amendment 39–10983.
Applicability
(c) This AD applies to all Boeing Model
727, 727C, 727–100 and 727–100C series
airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of skin
and bear strap cracking at the upper and
lower hinge cutout and along the upper
fastener row of the stringer 14R lap splice,
and cracking in the doorstop fitting adjacent
to the upper hinge cutout. There are also
reports of cracking on airplanes previously
modified to prevent such cracking. We are
issuing this AD to find and fix fatigue
cracking of the fuselage, which could result
in reduced structural integrity and
consequent rapid decompression 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.
Service Bulletin Reference
(f) The term ‘‘alert service bulletin,’’ as
used in this AD, means Boeing Alert Service
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Bulletin 727–53A0228, dated March 24,
2005.
Repetitive Inspections
(g) Accomplish the applicable inspections
for any cracks (including stop-drilled,
trimmed-out, or repaired cracks) in the body
skin and bear strap at the upper and lower
hinge cutouts of the mid-cabin galley
doorway, along the upper fastener row of the
stringer 14R lap splice, and in the doorstop
fitting adjacent to the upper hinge cutout, as
specified in Table 1 of paragraph 1.E.
‘‘Compliance’’ of the alert service bulletin.
Accomplish the inspections at the applicable
compliance time specified in Table 1 of
paragraph 1.E.; except, where Table 1
specifies a compliance time relative to the
date of the release of the alert service
bulletin, this AD requires compliance relative
to the effective date of this AD. Accomplish
the inspections by doing all the applicable
actions specified in the Accomplishment
Instructions of the alert service bulletin.
Inspections of door stop fittings made of 7075
material having part number (P/N) 65–
23674–7 are not required. Repeat the
applicable inspection at the applicable repeat
interval specified in Table 1 of paragraph 1.E.
of the alert service bulletin.
Corrective Action
(h) If any cracking is found during any
inspection required by paragraph (g) of this
AD, repair the cracking and repeat the
inspection at the applicable compliance time
specified in Table 1 of paragraph 1.E.
‘‘Compliance’’ of the alert service bulletin.
Do the repair by doing all the applicable
actions specified in the Accomplishment
Instructions of the alert service bulletin.
Where the alert service bulletin specifies to
report cracking to Boeing for repair
instructions: Before further flight, repair any
cracking according to a method approved by
the Manager, Seattle Aircraft Certification
Office (ACO), FAA; or using a method
approved in accordance with paragraph (j)(3)
of this AD.
Optional Terminating Action
(i) Replacement of the doorstop fitting with
a fitting made of 7075 material having P/N
65–23674–7, in accordance with the
Accomplishment Instructions of the alert
service bulletin, terminates the repetitive
inspections of that fitting, as required by
paragraph (g) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle ACO, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) The inspection methods specified in
Figures 9 through 12 of the alert service
bulletin, as required by paragraph (g) of this
AD, at the thresholds and intervals specified
in paragraph (g), are approved as a method
of compliance (MOC) to paragraph (b) of AD
98–11–03 and 98–11–03 R1, for the
inspections of Structurally Significant Item
F–16A, Supplemental Structural Inspection
Document D6–48040–1, affected by the repair
or modification. The MOC applies only to the
areas inspected in accordance with Boeing
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Alert Service Bulletin 727–53A0228, dated
March 24, 2005. All provisions of AD 98–11–
03 R1 that are not specifically referenced in
this paragraph remain fully applicable and
must be complied with.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane and the
approval must specifically refer to this AD.
(4) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Issued in Renton, Washington, on
December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–24052 Filed 12–14–05; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 4
RIN 3038–AC25
Commodity Pool Operator Electronic
Filing of Annual Reports
Commodity Futures Trading
Commission.
ACTION: Proposed rules.
AGENCY:
SUMMARY: The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is proposing to amend
Commission regulations to require that
commodity pool annual financial
reports submitted by commodity pool
operators (‘‘CPOs’’) to the National
Futures Association (‘‘NFA’’) be filed
electronically.
Commodity pool annual reports filed
with a registered futures association
(currently, the NFA is the sole registered
futures association) must contain a
manually signed oath or affirmation
under Commission regulations and no
provision exists for electronic filing of
annual reports with NFA. The NFA has
recently petitioned the Commission to
amend its regulations to require
mandatory electronic filing of
commodity pool annual reports. The
Commission has considered the NFA
petition and is hereby proposing to
amend Commission regulations: (i) To
require CPOs to file a commodity pool
annual report with NFA electronically,
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]]>Agencies
[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Proposed Rules]
[Pages 74237-74240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24052]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23313; Directorate Identifier 2005-NM-111-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 727, 727C, 727-100, and
727-100C Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Boeing Model 727, 727C, 727-100, and 727-100C series airplanes.
This proposed AD would require repetitive inspections for cracks in the
body skin and bear strap at the upper and lower hinge cutouts of the
mid-cabin galley doorway, along the upper fastener row of the stringer
14R lap splice, and in the doorstop fitting adjacent to the upper hinge
cutout; and corrective action if necessary. This proposed AD also
provides for optional terminating action for certain inspections. This
proposed AD results from reports of skin and bear strap cracking at the
upper and lower hinge cutout and along the upper fastener row of the
stringer 14R lap splice, and cracking in the doorstop fitting adjacent
to the upper hinge cutout. There are also reports of cracking on
airplanes previously modified to prevent such cracking. We are
proposing this AD to find and fix fatigue cracking of the fuselage,
which could result in reduced structural integrity and consequent rapid
decompression of the airplane.
DATES: We must receive comments on this proposed AD by January 30,
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,
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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 the service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Daniel F. Kutz, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6456; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-23313; Directorate Identifier 2005-NM-111-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 DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may 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
We have received a report indicating that a 0.73 inch long skin
crack was found at the upper corner of the upper hinge cutout of the
mid-cabin galley doorway on a Model 727 series airplane. The crack was
similar to cracking found and fixed previously on other Model 727
series airplanes. Further inspections revealed a 1 inch crack in the
bear strap, and cracks in the doorstop fitting adjacent to the upper
hinge cutout. Investigation of the Model 727 airplane history revealed
reports of 15 skin cracks having lengths up to 2 inches on 12 airplanes
with between 23,400 and 54,600 flight cycles. Of the reported skin
cracks, there were three reports of associated bear strap crack
indications on three airplanes. One of the airplanes also had a cracked
door stop fitting adjacent to the upper hinge cutout. Five cracks on
five of the airplanes were located near the lower hinge cutout in the
upper row of fasteners of the skin lap joint at stringer 14R. Some of
the cracks were found on airplanes that were modified in service by
increasing the radius of the corners of the body skin at the hinge
cutouts, and installing doublers at the high cutouts; and airplanes on
which the equivalent modification was done in production. These
modifications did not prevent the cracking. This cracking, if not
corrected, could result in reduced structural integrity and consequent
rapid decompression of the airplane.
Other Relevant Rulemaking
On January 16, 1990, the FAA issued AD 90-06-09, amendment 39-6488
(55 FR 8370, March 7, 1990), applicable to certain Boeing Model 727
series airplanes, which requires the incorporation of certain
structural modifications specified by Boeing Document No. D6-54860,
Revision C, dated December 11, 1989, ``Aging Airplane Service Bulletin
Structural Modification Program--Model 727.'' That Boeing document
references numerous Boeing service bulletins that specify various
modification actions that are mandated by AD 90-06-09. The actions
required by that AD are intended to prevent a degradation in the
structural capabilities of the affected airplanes, which could result
in structural failure. That action also reflects the FAA's decision
that long-term continued operational safety would be ensured by actual
modification of the airframe rather than repetitive inspection. One of
the structural modifications in that AD is of the body skin of the mid-
galley door hinge cutouts done in accordance with Boeing Service
Bulletin 727-53-0054, Revision 1, dated November 16, 1989. Service
Bulletin 727-53-0054 describes procedures for inspection of the forward
upper and lower corners at the hinge cutouts of the mid-cabin galley
doorway for cracks in the body skin, a modification to the corners of
the hinge cutouts, and installation of doublers at the hinge cutouts of
the mid-cabin galley doorway. (Service Bulletin 727-53-0054 is
referenced in Boeing Document No. D6-54860, Revision C, as one source
of service information for accomplishing the actions.)
On May 12, 1998, we issued AD 98-11-03, amendment 39-10530 (63 FR
27455, May 19, 1998), applicable to all Boeing Model 727 series
airplanes. (A correction of that AD was published in the Federal
Register as AD 98-11-03 R1, amendment 39-10983, on December 30, 1998
(64 FR 989, January 7, 1999).) That AD requires that the FAA-approved
maintenance inspection program be revised to include inspections of
Structurally Significant Items (SSI) based on damage tolerance
analysis. That AD also allows operators not to change their programs if
they determine that the existing inspections are effective for the new
or affected SSI.
On April 19, 2000, we issued AD 2000-08-19, amendment 39-11705 (65
FR 25278, May 1, 2000), applicable to certain Boeing Model 727 and 727C
series airplanes. That AD requires one-time inspections of the exterior
body skin located at the forward corners of the mid-galley door hinge
cutouts to detect cracking, and corrective actions if necessary. That
AD also requires modification of the body skin of the mid-galley door
hinge cutouts. Boeing Service Bulletin 727-53-0054, Revision 1, dated
November 16, 1989, was referenced in that AD as the appropriate source
of service information for accomplishing the required actions. The
service bulletin describes procedures for inspection of the forward
upper and lower corners at the hinge cutouts of the mid-cabin galley
doorway for cracks in the body skin, a modification to the corners of
the hinge cutouts, and installation of doublers at the hinge cutouts of
the mid-cabin galley doorway.
Since issuance of AD 90-06-09 and AD 2000-08-19, we have determined
that the actions required by those ADs pertaining to the mid-galley
door hinge cutouts are not adequate to prevent cracking in this area.
The subject cracking of the bear strap, door stop fitting, and skin lap
joint area is bigger than the area specified in the actions required by
AD 90-06-09 and AD 2000-08-19; therefore, the cracks may have been
undetected at the time a modification or repair was done. We have
determined that additional work is necessary for airplanes on which a
[[Page 74239]]
modification or repair required by AD 90-06-09 or AD 2000-08-19 was
done without additional inspections recommended in the service bulletin
referenced in this proposed AD.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 727-53A0228, dated
March 24, 2005. The service bulletin describes procedures for
repetitive inspections for any cracks, including stop-drilled, trimmed-
out, or repaired cracks, in the body skin and bear strap at the upper
and lower hinge cutouts of the mid-cabin galley doorway; along the
upper fastener row of the stringer 14R lap splice; and in the doorstop
fitting adjacent to the upper hinge cutout; and corrective action if
necessary. The types of inspections are detailed and special detailed
inspections'which include surface high frequency eddy current (HFEC),
open-hole HFEC, and fluorescent dye penetrant inspections. If a
modification or repair required by AD 90-06-09 or AD 2000-08-19 was
done, the service bulletin describes procedures for removing the
doublers before accomplishing the inspections. Corrective action
includes replacing any cracked doorstop fitting with a new fitting, and
repairing cracks in the skin or bear strap per repair instructions from
Boeing. The service bulletin also specifies that replacement of a door
stop fitting with a new door stop fitting made of 7075 material
eliminates the need to repeat the inspection of that stop fitting. Door
stop fittings having part number 65-23674-7 are made of 7075 material
and do not need to be inspected. The service bulletin also recommends
providing the details of any crack findings to Boeing for repair
instructions.
The compliance times for the inspections specified in Table 1 of
paragraph 1.E. ``Compliance'' of the service bulletin are to be
accomplished before the accumulation of 20,000 total flight cycles or
within 2,000 flight cycles after the effective date of the AD,
whichever is later; the repetitive interval is every 6,000 flight
cycles.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between the Proposed AD and the Service Bulletin.''
Difference Between the Proposed AD and the Service Bulletin
Paragraph 1.F. of the service bulletin specifies, ``Any cracks
found must be repaired, before further flight, in accordance with a
method approved by the Manager, Seattle ACO, FAA, Transport Airplane
Directorate; or in accordance with data meeting the type certification
basis of the airplane, approved by a Boeing Company Authorized
Representative who has been authorized by the Manager, Seattle ACO, to
make such findings.'' However, the Accomplishment Instructions of the
alert service bulletin specify to contact the manufacturer for
instructions on how to repair certain conditions. Therefore, we provide
the following clarification: Where the Accomplishment Instructions of
the alert service bulletin specify to provide the details of any crack
findings to Boeing for repair instructions, this proposed AD would
require repairing those conditions in one of the following ways:
Using a method we approve; or
Using data that have been approved by an Authorized
Representative for the Boeing Commercial Airplanes Delegation Option
Authorization Organization whom we have authorized to make those
findings.
Interim Action
We consider this proposed AD interim action. The manufacturer is
currently developing a modification that will address the unsafe
condition identified in this proposed AD. Once this modification is
developed, approved, and available, we may consider additional
rulemaking.
Costs of Compliance
There are about 232 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 123 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.
Estimated Costs
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Average
Airplane group Work hours hourly Cost per
labor rate airplane
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Group 1, Configuration 1......... 10 $65 $650
Group 1, Configuration 2......... 10 65 650
Group 1, Configuration 3......... 9 65 585
Group 2.......................... 9 65 585
------------------------------------------------------------------------
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,
[[Page 74240]]
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
adding the following new airworthiness directive (AD):
Boeing: Docket No. FAA-2005-23313; Directorate Identifier 2005-NM-
111-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
30, 2006.
Affected ADs
(b) This AD is related to AD 98-11-03, amendment 39-10530, as
corrected by AD 98-11-03 R1, amendment 39-10983.
Applicability
(c) This AD applies to all Boeing Model 727, 727C, 727-100 and
727-100C series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of skin and bear strap cracking
at the upper and lower hinge cutout and along the upper fastener row
of the stringer 14R lap splice, and cracking in the doorstop fitting
adjacent to the upper hinge cutout. There are also reports of
cracking on airplanes previously modified to prevent such cracking.
We are issuing this AD to find and fix fatigue cracking of the
fuselage, which could result in reduced structural integrity and
consequent rapid decompression 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.
Service Bulletin Reference
(f) The term ``alert service bulletin,'' as used in this AD,
means Boeing Alert Service Bulletin 727-53A0228, dated March 24,
2005.
Repetitive Inspections
(g) Accomplish the applicable inspections for any cracks
(including stop-drilled, trimmed-out, or repaired cracks) in the
body skin and bear strap at the upper and lower hinge cutouts of the
mid-cabin galley doorway, along the upper fastener row of the
stringer 14R lap splice, and in the doorstop fitting adjacent to the
upper hinge cutout, as specified in Table 1 of paragraph 1.E.
``Compliance'' of the alert service bulletin. Accomplish the
inspections at the applicable compliance time specified in Table 1
of paragraph 1.E.; except, where Table 1 specifies a compliance time
relative to the date of the release of the alert service bulletin,
this AD requires compliance relative to the effective date of this
AD. Accomplish the inspections by doing all the applicable actions
specified in the Accomplishment Instructions of the alert service
bulletin. Inspections of door stop fittings made of 7075 material
having part number (P/N) 65-23674-7 are not required. Repeat the
applicable inspection at the applicable repeat interval specified in
Table 1 of paragraph 1.E. of the alert service bulletin.
Corrective Action
(h) If any cracking is found during any inspection required by
paragraph (g) of this AD, repair the cracking and repeat the
inspection at the applicable compliance time specified in Table 1 of
paragraph 1.E. ``Compliance'' of the alert service bulletin. Do the
repair by doing all the applicable actions specified in the
Accomplishment Instructions of the alert service bulletin. Where the
alert service bulletin specifies to report cracking to Boeing for
repair instructions: Before further flight, repair any cracking
according to a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA; or using a method approved in
accordance with paragraph (j)(3) of this AD.
Optional Terminating Action
(i) Replacement of the doorstop fitting with a fitting made of
7075 material having P/N 65-23674-7, in accordance with the
Accomplishment Instructions of the alert service bulletin,
terminates the repetitive inspections of that fitting, as required
by paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle ACO, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
(2) The inspection methods specified in Figures 9 through 12 of
the alert service bulletin, as required by paragraph (g) of this AD,
at the thresholds and intervals specified in paragraph (g), are
approved as a method of compliance (MOC) to paragraph (b) of AD 98-
11-03 and 98-11-03 R1, for the inspections of Structurally
Significant Item F-16A, Supplemental Structural Inspection Document
D6-48040-1, affected by the repair or modification. The MOC applies
only to the areas inspected in accordance with Boeing Alert Service
Bulletin 727-53A0228, dated March 24, 2005. All provisions of AD 98-
11-03 R1 that are not specifically referenced in this paragraph
remain fully applicable and must be complied with.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane and the approval must specifically refer to this AD.
(4) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Issued in Renton, Washington, on December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24052 Filed 12-14-05; 8:45 am]
BILLING CODE 4910-13-P
