Airworthiness Directives; The Boeing Company Airplanes, 22215-22218 [2013-08768]

Download as PDF Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules paragraph 2., of Aerazur SB No. 25–69–58, dated March 14, 2011. The Aerazur SB is attached as an appendix to Eurocopter ASB No. EC130–25A042, Revision 0, dated July 11, 2011. (f) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Gary Roach, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email gary.b.roach@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (g) Additional Information The subject of this AD is addressed in European Aviation Safety Agency AD No. 2011–0185, dated September 23, 2011. (h) Subject Joint Aircraft Service Component (JASC) Code: 3212: Emergency Flotation Section. Issued in Fort Worth, Texas, on April 8, 2013. Kim Smith, Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2013–08758 Filed 4–12–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0326; Directorate Identifier 2012–NM–089–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 757 series airplanes equipped with Rolls-Royce RB211 engines. The existing AD currently requires modification of the nacelle strut and wing structure; for certain airplanes, repetitive detailed inspections of certain aft bulkhead fasteners for loose or missing fasteners, and corrective action if necessary. For mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:18 Apr 12, 2013 Jkt 229001 certain other airplanes, the existing AD requires a one-time detailed inspection of the middle gusset of the inboard side load fitting for proper alignment, and realignment if necessary; a one-time eddy current inspection of certain fastener holes for cracking, and repair if necessary; a detailed inspection of certain fasteners for loose or missing fasteners; and replacement with new fasteners if necessary. Since we issued that AD, a compliance time error was discovered, which could allow an airplane to exceed the acceptable compliance time for addressing the unsafe condition. This proposed AD would specify a maximum compliance time limit. We are proposing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. DATES: We must receive comments on this proposed AD by May 30, 2013. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; phone: 206– 544–5000, extension 1; fax: 206–766– 5680; Internet: https:// www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647–5527) is in the ADDRESSES section. Comments will be PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 22215 available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6440; fax: 425–917–6590; email: Nancy.Marsh@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2013–0326; Directorate Identifier 2012–NM–089–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On May 25, 2004, we issued AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004), for certain Model 757 series airplanes equipped with Rolls-Royce RB211 engines. (AD 2004–12–07 superseded AD 99–24–07, Amendment 39–11431 (64 FR 66370, November 26, 1999)). AD 2004–12–07 requires modification of the nacelle strut and wing structure; and for certain airplanes, repetitive detailed inspections of certain aft bulkhead fasteners for loose or missing fasteners, and corrective action if necessary. For certain other airplanes, the existing AD requires a one-time detailed inspection of the middle gusset of the inboard side load fitting for proper alignment and realignment if necessary; a one-time eddy current inspection of certain fastener holes for cracking, and repair if necessary; a detailed inspection of certain fasteners for loose or missing fasteners; and replacement with new fasteners if necessary. That AD resulted from reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that were used during the initial design. Such an increase in loading can lead to fatigue cracking in primary strut E:\FR\FM\15APP1.SGM 15APP1 22216 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules structure prior to an airplane reaching its design service objective. We issued that AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. Actions Since Existing AD Was Issued Since we issued AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004), a compliance time error was discovered in certain service information related to the AD. The error involves an optional threshold formula that could allow an airplane to exceed the acceptable compliance time for addressing the unsafe condition. We reviewed Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011. For information on the procedures and compliance times, see this service information at https:// www.regulations.gov by searching for Docket No. FAA–2013–0326. Concurrent Service Information Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011, specifies concurrent or prior accomplishment of Boeing Service Bulletin 757–54–0003, Revision 1, dated August 30, 1985; and Boeing Service Bulletin 757–54–0028, Revision 1, dated August 25, 1994. For information on the procedures, see this service information at https://www.regulations.gov by searching for Docket No. FAA–2013– 0326. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the Proposed AD and the Service Information.’’ The phrase ‘‘related investigative actions’’ might be used in this proposed AD. ‘‘Related investigative actions’’ are follow-on actions that: (1) Are related to the primary actions, and (2) are actions that further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections. In addition, the phrase ‘‘corrective actions’’ might be used in this proposed AD. ‘‘Corrective actions’’ are actions that correct or address any condition found. Corrective actions in an AD could include, for example, repairs. Change to Existing AD This proposed AD would retain certain requirements of AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004). Since AD 2004–12–07 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: REVISED PARAGRAPH IDENTIFIERS Requirement in AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004) paragraph (a) .............. paragraph (c) .............. Corresponding requirement in this proposed AD paragraph (g) paragraph (h) Differences Between the Proposed AD and the Service Information Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011; and Boeing Service Bulletin 757–54–0028, Revision 1, dated August 25, 1994; specify to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: • In accordance with a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD affects 176 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Cost per product Cost on U.S. operators Up to $100,980 Up to $17,772,480 0 $85 $14,960 0 $12,070 $362,100 0 $8,840 $106,080 Labor cost Modification [retained actions from AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004)]. One-time Inspection [retained action from AD 2004– 12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004)]. Concurrent modification [new proposed action, 30 airplanes]. Concurrent inspection and fastener installation [new proposed action, 12 airplanes]. mstockstill on DSK4VPTVN1PROD with PROPOSALS Action Up to 1,188 work-hours × $85 per hour = $100,980. $0 1 work-hour × $85 per hour = $85 142 work-hours × $85 per hour = $12,070. 104 work-hours × $85 per hour = $8,840. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. According to the manufacturer, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. VerDate Mar<15>2010 17:20 Apr 12, 2013 Jkt 229001 Parts cost 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, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 ‘‘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 E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules products identified in this rulemaking action. numbers 1 through 735 inclusive, equipped with Rolls-Royce RB211 engines. 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), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 54, Nacelles/Pylons. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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 FAA amends § 39.13 by removing airworthiness directive (AD) 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004), and adding the following new AD: ■ The Boeing Company: Docket No. FAA– 2013–0326; Directorate Identifier 2012– NM–089–AD. mstockstill on DSK4VPTVN1PROD with PROPOSALS (a) Comments Due Date The FAA must receive comments on this AD action by May 30, 2013. (b) Affected ADs This AD supersedes AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004). (c) Applicability This AD applies to The Boeing Company Model 757–200, –200PF, and –200CB series airplanes, certificated in any category, line VerDate Mar<15>2010 16:18 Apr 12, 2013 Jkt 229001 (e) Unsafe Condition This AD was prompted by reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that were used during the initial design. We are issuing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Modification This paragraph restates the requirements of paragraph (a) of AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004) with new service information. Modify the nacelle strut and wing structure according to Boeing Service Bulletin 757–54– 0035, dated July 17, 1997; Revision 1, dated April 15, 1999; Revision 2, dated June 13, 2002; or Revision 6, dated December 2, 2011; at the later of the times specified in paragraph (g)(1) or (g)(2) of this AD, except as required by paragraph (i) of this AD. All of the terminating actions described in the service bulletins and listed in paragraph I.C., Table I, ’’Strut Improvement Bulletins,’’ on page 6 of Boeing Service Bulletin 757–54– 0035, dated July 17, 1997; on page 7 of Boeing Service Bulletin 757–54–0035, Revision 1, dated April 15, 1999; and on Page 7 of Boeing Service Bulletin 757–54–0035, Revision 2, dated June 13, 2002; as applicable; must be accomplished according to those service bulletins prior to, or concurrently with, the accomplishment of the modification of the nacelle strut and wing structure required by this paragraph. After July 21, 2004 (the effective date of AD 2004– 12–07), use only Boeing Service Bulletin 757–54–0035, Revision 2, dated June 13, 2002; or Boeing Service Bulletin 757–54– 0035, Revision 6, dated December 2, 2011. After the effective date of this AD, use only Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011. Accomplishment of the actions required by paragraph (i) of this AD terminates the requirements of this paragraph. (1) Prior to the accumulation of 37,500 total flight cycles, or prior to 20 years since the date of manufacture of the airplane, whichever occurs first. (2) Within 3,000 flight cycles after January 3, 2000 (the effective date of AD 99–24–07, Amendment 39–11431 (64 FR 66370, November 26, 1999)). (h) Retained Inspection and Repair This paragraph restates the requirements of paragraph (c) of AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004), with new service information. For airplanes on which the modification required by paragraph (g) of this AD has been done PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 22217 according to Boeing Service Bulletin 757–54– 0035, dated July 17, 1997: Within 15,000 flight cycles after doing the modification required by paragraph (g) of this AD, or within 3 years after July 21, 2004 (the effective date of AD 2004–12–07), whichever is later; do a one-time detailed inspection of the middle gusset of the inboard side load fitting for proper alignment, according to Part II of the Accomplishment Instructions of Boeing Service Bulletin 757–54–0035, Revision 1, dated April 15, 1999; or Revision 2, dated June 13, 2002, excluding Evaluation Form; or Boeing Service Bulletin 757–54– 0035, Revision 6, dated December 2, 2011. If the gusset is not aligned properly: Before further flight, machine the gusset to the specified angle according to the Accomplishment Instructions of Boeing Service Bulletin 757–54–0035, Revision 1, dated April 15, 1999; or Revision 2, dated June 13, 2002, excluding Evaluation Form; or Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011. As of the effective date of this AD, use only Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011, for accomplishing the actions required by this paragraph. (i) New Compliance Time Limitation For airplanes on which the modification of the nacelle strut and wing structure required by paragraph (g) of this AD has not been done as of the effective date of this AD: Do the modification required by paragraph (g) of this AD at the later of the times specified in paragraphs (i)(1) and (i)(2) of this AD. (1) At the time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 757–54–0035, Revision 6, dated December 2, 2011, except that where this service bulletin specifies a compliance time ‘‘from the date on Revision 4 of this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Within 3,000 flight cycles after January 3, 2000 (the effective date of AD 99–24–07, Amendment 39–11431 (64 FR 66370, November 26, 1999)). (j) New Concurrent Actions Concurrently with or prior to the accomplishment of the actions required by paragraph (i) of this AD, do the actions specified in paragraphs (j)(1) and (j)(2) of this AD. (1) For airplanes identified in Boeing Service Bulletin 757–54–0003, dated Revision 1, dated August 30, 1985: Modify the nacelle strut upper spar, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757–54–0003, Revision 1, dated August 30, 1985. (2) For airplanes identified in Boeing Service Bulletin 757–54–0028, Revision 1, dated August 25, 1994: Do a detailed inspection and non-destructive test inspection for cracking of the lower chord, mid-chord, and holes (for cracking, galling, corrosion, or damage due to fastener removal), in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757–54–0028, Revision 1, dated August 25, 1994. E:\FR\FM\15APP1.SGM 15APP1 22218 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules (k) Repair (1) If any cracking is found during any inspection required by paragraph (j)(2) of this AD: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (m) of this AD. (2) If any holes with galling, corrosion, or damage due to fastener removal are found during any inspection required by paragraph (j)(2) of this AD: Before further flight, repair the holes, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757–54–0028, Revision 1, dated August 25, 1994. mstockstill on DSK4VPTVN1PROD with PROPOSALS (l) Credit for Previous Actions (1) This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 757–54–0035, Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; which are not incorporated by reference in this AD. (2) This paragraph provides credit for the actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 757–54–0035, Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; which are not incorporated by reference in this AD. (3) This paragraph provides credit for the actions required by paragraph (j) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 757–54–0003, dated December 14, 1984; or Boeing Service Bulletin 757–54– 0028, dated March 31, 1994; which are not incorporated by reference in this AD. (m) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and the approval must specifically refer to this AD. (4) AMOCs approved for AD 2004–12–07, Amendment 39–13666 (69 FR 33561, June 16, 2004), are approved as AMOCs for paragraphs (g) and (h) of this AD, except for VerDate Mar<15>2010 16:18 Apr 12, 2013 Jkt 229001 AMOCs that approved a revised compliance time. (n) Related Information (1) For more information about this AD, contact Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: 425–917–6440; fax: 425–917– 6590; email: Nancy.Marsh@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; phone: 206–544– 5000, extension 1; fax: 206–766–5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on April 4, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–08768 Filed 4–12–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR 101, 104, 105, 106 [Docket No. USCG–2007–28915] Transportation Worker Identification Credential (TWIC)—Reader Requirements Coast Guard, DHS. Notice of public meeting on proposed rulemaking; request for comments. AGENCY: ACTION: The Coast Guard announces a public meeting to take place on May 9, 2013, in Chicago, Illinois to receive comments on a notice of proposed rulemaking published in the Federal Register on March 22, 2013, under the title ‘‘Transportation Worker Identification Credential (TWIC)— Reader Requirements.’’ The Coast Guard encourages members of the public to attend this meeting and provide oral comments on the notice of proposed rulemaking on TWIC reader requirements. meeting as well. Written comments may also be submitted in response to the notice of proposed rulemaking referenced in the SUPPLEMENTARY INFORMATION section. The comment period for the notice of proposed rulemaking will close on May 21, 2013. All written comments and related materials submitted before or after the meeting must either be submitted to our online docket via https:// www.regulations.gov on or before May 21, 2013, or reach the Docket Management Facility by that date. ADDRESSES: The public meeting will be held at the Chicago Marriott O’Hare, 8535 West Higgins Road, Chicago, Illinois 60631. The building is accessible by taxi, public transit, and privately-owned conveyance. This meeting is open to the public. Please note that the session may adjourn early if all business, concerns, and questions are addressed. You may submit written comments identified by docket number USCG–2007–28915 before or after the meeting using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. Our online docket for this notice is available on the Internet at https://www.regulations.gov under docket number USCG–2007– 28915. SUMMARY: FOR FURTHER INFORMATION CONTACT: A public meeting will be held on Thursday, May 9, 2013, from 1:00 p.m. to 5:00 p.m. to provide an opportunity for oral comments. Coast Guard personnel will accept written comments and related materials at the public Background and Purpose On March 22, 2013, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register (78 FR 17781), in which we proposed to require owners and operators of certain vessels and facilities DATES: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 If you have questions concerning the meeting, please call or email LCDR Gregory Callaghan, Commandant (CG– FAC–2), Coast Guard; telephone 202– 372–1168, email Gregory.A.Callaghan@uscg.mil. If you have questions on viewing or submitting material to the docket, call Ms. Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: E:\FR\FM\15APP1.SGM 15APP1

Agencies

[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Proposed Rules]
[Pages 22215-22218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08768]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0326; Directorate Identifier 2012-NM-089-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model 757 series 
airplanes equipped with Rolls-Royce RB211 engines. The existing AD 
currently requires modification of the nacelle strut and wing 
structure; for certain airplanes, repetitive detailed inspections of 
certain aft bulkhead fasteners for loose or missing fasteners, and 
corrective action if necessary. For certain other airplanes, the 
existing AD requires a one-time detailed inspection of the middle 
gusset of the inboard side load fitting for proper alignment, and 
realignment if necessary; a one-time eddy current inspection of certain 
fastener holes for cracking, and repair if necessary; a detailed 
inspection of certain fasteners for loose or missing fasteners; and 
replacement with new fasteners if necessary. Since we issued that AD, a 
compliance time error was discovered, which could allow an airplane to 
exceed the acceptable compliance time for addressing the unsafe 
condition. This proposed AD would specify a maximum compliance time 
limit. We are proposing this AD to prevent fatigue cracking in primary 
strut structure and consequent reduced structural integrity of the 
strut.

DATES: We must receive comments on this proposed AD by May 30, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-5000, extension 
1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO), 
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6440; 
fax: 425-917-6590; email: Nancy.Marsh@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0326; 
Directorate Identifier 2012-NM-089-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 25, 2004, we issued AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004), for certain Model 757 series airplanes equipped 
with Rolls-Royce RB211 engines. (AD 2004-12-07 superseded AD 99-24-07, 
Amendment 39-11431 (64 FR 66370, November 26, 1999)). AD 2004-12-07 
requires modification of the nacelle strut and wing structure; and for 
certain airplanes, repetitive detailed inspections of certain aft 
bulkhead fasteners for loose or missing fasteners, and corrective 
action if necessary. For certain other airplanes, the existing AD 
requires a one-time detailed inspection of the middle gusset of the 
inboard side load fitting for proper alignment and realignment if 
necessary; a one-time eddy current inspection of certain fastener holes 
for cracking, and repair if necessary; a detailed inspection of certain 
fasteners for loose or missing fasteners; and replacement with new 
fasteners if necessary. That AD resulted from reports indicating that 
the actual operational loads applied to the nacelle are higher than the 
analytical loads that were used during the initial design. Such an 
increase in loading can lead to fatigue cracking in primary strut

[[Page 22216]]

structure prior to an airplane reaching its design service objective. 
We issued that AD to prevent fatigue cracking in primary strut 
structure and consequent reduced structural integrity of the strut.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-12-07, Amendment 39-13666 (69 FR 33561, 
June 16, 2004), a compliance time error was discovered in certain 
service information related to the AD. The error involves an optional 
threshold formula that could allow an airplane to exceed the acceptable 
compliance time for addressing the unsafe condition.
    We reviewed Boeing Service Bulletin 757-54-0035, Revision 6, dated 
December 2, 2011. For information on the procedures and compliance 
times, see this service information at https://www.regulations.gov by 
searching for Docket No. FAA-2013-0326.

Concurrent Service Information

    Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011, specifies concurrent or prior accomplishment of Boeing Service 
Bulletin 757-54-0003, Revision 1, dated August 30, 1985; and Boeing 
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994. For 
information on the procedures, see this service information at https://www.regulations.gov by searching for Docket No. FAA-2013-0326.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the Proposed AD and the Service 
Information.''
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) Are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-12-
07, Amendment 39-13666 (69 FR 33561, June 16, 2004). Since AD 2004-12-
07 was issued, the AD format has been revised, and certain paragraphs 
have been rearranged. As a result, the corresponding paragraph 
identifiers have changed in this proposed AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
    Requirement in AD  2004-12-07,
  Amendment  39-13666  (69 FR 33561,   Corresponding requirement in this
            June 16, 2004)                        proposed AD
------------------------------------------------------------------------
paragraph (a)........................  paragraph (g)
paragraph (c)........................  paragraph (h)
------------------------------------------------------------------------

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011; and Boeing Service Bulletin 757-54-0028, Revision 1, dated August 
25, 1994; specify to contact the manufacturer for instructions on how 
to repair certain conditions, but this proposed AD would require 
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 176 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                   Labor cost        Parts cost    Cost per product    Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Modification [retained actions  Up to 1,188 work-              $0  Up to $100,980        Up to $17,772,480
 from AD 2004-12-07, Amendment   hours x $85 per
 39-13666 (69 FR 33561, June     hour = $100,980.
 16, 2004)].
One-time Inspection [retained   1 work-hour x $85               0  $85                   $14,960
 action from AD 2004-12-07,      per hour = $85.
 Amendment 39-13666 (69 FR
 33561, June 16, 2004)].
Concurrent modification [new    142 work-hours x $85            0  $12,070               $362,100
 proposed action, 30             per hour = $12,070.
 airplanes].
Concurrent inspection and       104 work-hours x $85            0  $8,840                $106,080
 fastener installation [new      per hour = $8,840.
 proposed action, 12
 airplanes].
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

[[Page 22217]]

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), and adding 
the following new AD:

The Boeing Company: Docket No. FAA-2013-0326; Directorate Identifier 
2012-NM-089-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 30, 2013.

(b) Affected ADs

    This AD supersedes AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, and 
-200CB series airplanes, certificated in any category, line numbers 
1 through 735 inclusive, equipped with Rolls-Royce RB211 engines.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 54, Nacelles/Pylons.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the actual 
operational loads applied to the nacelle are higher than the 
analytical loads that were used during the initial design. We are 
issuing this AD to prevent fatigue cracking in primary strut 
structure and consequent reduced structural integrity of the strut.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Modification

    This paragraph restates the requirements of paragraph (a) of AD 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004) with new 
service information. Modify the nacelle strut and wing structure 
according to Boeing Service Bulletin 757-54-0035, dated July 17, 
1997; Revision 1, dated April 15, 1999; Revision 2, dated June 13, 
2002; or Revision 6, dated December 2, 2011; at the later of the 
times specified in paragraph (g)(1) or (g)(2) of this AD, except as 
required by paragraph (i) of this AD. All of the terminating actions 
described in the service bulletins and listed in paragraph I.C., 
Table I, ''Strut Improvement Bulletins,'' on page 6 of Boeing 
Service Bulletin 757-54-0035, dated July 17, 1997; on page 7 of 
Boeing Service Bulletin 757-54-0035, Revision 1, dated April 15, 
1999; and on Page 7 of Boeing Service Bulletin 757-54-0035, Revision 
2, dated June 13, 2002; as applicable; must be accomplished 
according to those service bulletins prior to, or concurrently with, 
the accomplishment of the modification of the nacelle strut and wing 
structure required by this paragraph. After July 21, 2004 (the 
effective date of AD 2004-12-07), use only Boeing Service Bulletin 
757-54-0035, Revision 2, dated June 13, 2002; or Boeing Service 
Bulletin 757-54-0035, Revision 6, dated December 2, 2011. After the 
effective date of this AD, use only Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011. Accomplishment of the 
actions required by paragraph (i) of this AD terminates the 
requirements of this paragraph.
    (1) Prior to the accumulation of 37,500 total flight cycles, or 
prior to 20 years since the date of manufacture of the airplane, 
whichever occurs first.
    (2) Within 3,000 flight cycles after January 3, 2000 (the 
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370, 
November 26, 1999)).

(h) Retained Inspection and Repair

    This paragraph restates the requirements of paragraph (c) of AD 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), with 
new service information. For airplanes on which the modification 
required by paragraph (g) of this AD has been done according to 
Boeing Service Bulletin 757-54-0035, dated July 17, 1997: Within 
15,000 flight cycles after doing the modification required by 
paragraph (g) of this AD, or within 3 years after July 21, 2004 (the 
effective date of AD 2004-12-07), whichever is later; do a one-time 
detailed inspection of the middle gusset of the inboard side load 
fitting for proper alignment, according to Part II of the 
Accomplishment Instructions of Boeing Service Bulletin 757-54-0035, 
Revision 1, dated April 15, 1999; or Revision 2, dated June 13, 
2002, excluding Evaluation Form; or Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011. If the gusset is not 
aligned properly: Before further flight, machine the gusset to the 
specified angle according to the Accomplishment Instructions of 
Boeing Service Bulletin 757-54-0035, Revision 1, dated April 15, 
1999; or Revision 2, dated June 13, 2002, excluding Evaluation Form; 
or Boeing Service Bulletin 757-54-0035, Revision 6, dated December 
2, 2011. As of the effective date of this AD, use only Boeing 
Service Bulletin 757-54-0035, Revision 6, dated December 2, 2011, 
for accomplishing the actions required by this paragraph.

(i) New Compliance Time Limitation

    For airplanes on which the modification of the nacelle strut and 
wing structure required by paragraph (g) of this AD has not been 
done as of the effective date of this AD: Do the modification 
required by paragraph (g) of this AD at the later of the times 
specified in paragraphs (i)(1) and (i)(2) of this AD.
    (1) At the time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011, except that where this service bulletin specifies a compliance 
time ``from the date on Revision 4 of this service bulletin,'' this 
AD requires compliance within the specified compliance time after 
the effective date of this AD.
    (2) Within 3,000 flight cycles after January 3, 2000 (the 
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370, 
November 26, 1999)).

(j) New Concurrent Actions

    Concurrently with or prior to the accomplishment of the actions 
required by paragraph (i) of this AD, do the actions specified in 
paragraphs (j)(1) and (j)(2) of this AD.
    (1) For airplanes identified in Boeing Service Bulletin 757-54-
0003, dated Revision 1, dated August 30, 1985: Modify the nacelle 
strut upper spar, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 757-54-0003, Revision 1, dated August 30, 
1985.
    (2) For airplanes identified in Boeing Service Bulletin 757-54-
0028, Revision 1, dated August 25, 1994: Do a detailed inspection 
and non-destructive test inspection for cracking of the lower chord, 
mid-chord, and holes (for cracking, galling, corrosion, or damage 
due to fastener removal), in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 757-54-0028, Revision 1, 
dated August 25, 1994.

[[Page 22218]]

(k) Repair

    (1) If any cracking is found during any inspection required by 
paragraph (j)(2) of this AD: Before further flight, repair the 
cracking using a method approved in accordance with the procedures 
specified in paragraph (m) of this AD.
    (2) If any holes with galling, corrosion, or damage due to 
fastener removal are found during any inspection required by 
paragraph (j)(2) of this AD: Before further flight, repair the 
holes, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0035, 
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; 
which are not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0035, 
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; 
which are not incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0003, 
dated December 14, 1984; or Boeing Service Bulletin 757-54-0028, 
dated March 31, 1994; which are not incorporated by reference in 
this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Certification Office (ACO), FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it to the attention of the 
person identified in the Related Information section of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.
    (4) AMOCs approved for AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004), are approved as AMOCs for paragraphs (g) and 
(h) of this AD, except for AMOCs that approved a revised compliance 
time.

(n) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft 
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6440; fax: 425-917-6590; email: 
Nancy.Marsh@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 4, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08768 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P
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