Airworthiness Directives; The Boeing Company Airplanes, 28729-28732 [2013-11387]

Download as PDF Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations responsibilities among the various levels of government. specified compliance time unless it has already been accomplished prior to that time. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; 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. We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket. (f) Required Actions List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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) 2010–15–51, Amendment 39–16397 (75 FR 50863, August 18, 2010), and adding the following new AD: ■ 2013–09–06 Agusta S.p.A.: Amendment 39– 17448; Docket No. FAA–2012–0695; Directorate Identifier 2011–SW–031–AD. (a) Applicability This AD applies to Agusta Model A119 and AW119 MKII helicopters, with pilot control box assembly (control box), part number (P/N) 109–0010–81–103, and co-pilot control box, P/N 109–0010–81–107, installed, certificated in any category. erowe on DSK2VPTVN1PROD with RULES (b) Unsafe Condition This AD defines the unsafe condition as a rotary variable differential transformer (RVDT) locking pin, which could move out of position and result in loss of manual throttle control of the engine and subsequent loss of control of the helicopter. (c) Affected ADs This AD supersedes AD 2010–15–51, Amendment 39–16397 (75 FR 50863, August 18, 2010). (d) Effective Date This AD becomes effective June 20, 2013. (e) Compliance You are responsible for performing each action required by this AD within the VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 (1) Within 5 hours time-in-service (TIS), and thereafter at intervals not to exceed 50 hours TIS, remove the cover of the pilot and co-pilot RVDT control box assemblies and inspect the locking pins for proper position by following the Compliance Instructions, Parts I and II, paragraphs 2. through 4.1 for the pilot control box assembly and paragraphs 5. through 7.1 for the co-pilot control box assembly, of Agusta Bollettino Tecnico No. 119–39, Revision A, dated May 23, 2011. (2) If during the inspection the locking pin is recessed or extended in excess of 2.0 millimeters from the face of the pin bore, or missing, before further flight, replace the RVDT control box with an airworthy RVDT control box that has been modified in accordance with paragraph (f)(3) of this AD. (3) Within 8 months, (i) Modify the pilot RVDT control box assembly, P/N 109–0010–81–103, by reference to Figures 1 through 7 and in accordance with the Compliance Instructions, Part III, paragraphs 5.1 through 5.16 of Agusta Bollettino Tecnico No. 119– 39 Revision A, dated May 23, 2011; and (ii) Modify the co-pilot RVDT control box assembly, P/N 109–0010–81–107, by reference to Figures 1 through 7 and in accordance with the Compliance Instructions, Part III, paragraphs 3.1 through 3.16 of Agusta Bollettino Tecnico No. 119– 39, Revision A, dated May 23, 2011. (4) Modifying the pilot and copilot RVDT control box assemblies in accordance with paragraph (f)(3) of this AD constitutes terminating action for the requirements of this AD. (g) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Robert Grant, Aviation Safety Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222– 5110; email robert.grant@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. (h) Additional Information The subject of this AD is addressed in European Aviation Safety Agency AD 2011– 0095–E, dated May 24, 2011. (i) Subject Joint Aircraft Service Component (JASC) Code: 6700: Rotors Flight Control. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 28729 paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Agusta Bollettino Tecnico No. 119–39 Revision A, dated May 23, 2011. (ii) Reserved. (3) For Agusta service information identified in this AD, contact Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 39–0331–711133; fax 39 0331 711180; or at https:// www.agustawestland.com/technicalbullettins. (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Fort Worth, Texas, on April 26, 2013. Kim Smith, Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2013–10903 Filed 5–15–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1109; Directorate Identifier 2011–NM–172–AD; Amendment 39–17455; AD 2013–10–02] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757–200 and –200PF series airplanes. That AD currently requires modifying the nacelle strut and wing structure, and repairing any damage found during the modification. This new AD specifies a maximum compliance time limit that overrides the optional threshold formula results. This AD was prompted by reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that SUMMARY: E:\FR\FM\16MYR1.SGM 16MYR1 28730 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations were used during the initial design. Subsequent analysis and service history, which includes numerous reports of fatigue cracking on certain strut and wing structure, indicated that fatigue cracking can occur on the primary strut structure before an airplane reaches its design service objective. We are issuing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut. This AD is effective June 20, 2013. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 20, 2013. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of October 16, 2003 (68 FR 53496, September 11, 2003). The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of November 13, 2000 (65 FR 59703, October 6, 2000). DATES: 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. ADDRESSES: Examining the AD Docket erowe on DSK2VPTVN1PROD with RULES 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003). That AD applies to the specified products. The NPRM published in the Federal Register on October 29, 2012 (77 FR 65506). That NPRM proposed to continue to require modifying the nacelle strut and wing structure, and repairing any damage found during the modification. That NPRM also proposed to specify a maximum compliance time limit that overrides the optional threshold formula results. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 65506, October 29, 2012) and the FAA’s response to each comment. Clarification Regarding the Installation of Winglets Aviation Partners Boeing (APB) stated that it has reviewed the NPRM (77 FR 65506, October 29, 2012) and the ‘‘Boeing Service Bulletin’’ and has determined that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE (https:// rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 48e13cdfbbc32cf4862576a4005d308b/ $FILE/ST01518SE.pdf) does not affect them. APB also stated that it will provide supporting data to the FAA upon request. We agree with the commenter’s statement that the installation of winglets as specified in STC ST01518SE (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 48e13cdfbbc32cf4862576a4005d308b/ $FILE/ST01518SE.pdf) does not affect PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 accomplishment of the requirements of this AD, and an alternative method of compliance (AMOC) is not necessary for a ‘‘change in product’’ AMOC approval request. We have therefore added this provision in new paragraph (c)(2) of this AD. Statement of Compliance With NPRM (77 FR 65506, October 29, 2012) Nord Wind Airlines reported the status of compliance of its airplanes with the NPRM (77 FR 65506, October 29, 2012). No request was submitted by Nord Wind Airlines. We have not changed this AD in regard to Nord Wind Airlines’ comment. Statement of Previous Compliance With NPRM (77 FR 65506, October 29, 2012) FedEx stated that it has previously performed the prescribed inspections and terminating actions on its airplanes and that no further actions are necessary for it to be in compliance with the NPRM (77 FR 65506, October 29, 2012). No request was submitted by FedEx. We have not changed this AD in regard to FedEx’s comment. Change Made to Restated Paragraph (h) of This AD We have revised the wording in paragraph (h) of this AD to clarify the applicable service information to be used after the effective date of this AD. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously— and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (77 FR 65506, October 29, 2012) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 65506, October 29, 2012). Costs of Compliance We estimate that this AD affects 278 airplanes of U.S. registry. We estimate the following costs to comply with this AD: E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28731 ESTIMATED COSTS Action Labor cost Modification [retained actions from AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003)]. 800 work-hours × $85 per hour = $68,000. The new requirements of this AD add no additional economic burden. According to the manufacturer, some of the costs of this 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. erowe on DSK2VPTVN1PROD with RULES 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 Cost per product Parts cost [Amended] $0 $68,000 Cost on U.S. operators $18,904,000 (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. Subsequent analysis and service history, which includes numerous reports of fatigue cracking on certain strut and wing structure, indicated that fatigue cracking can occur on the primary strut structure before an airplane reaches its design service objective. 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. (c) Applicability (1) This AD applies to The Boeing Company Model 757–200 and –200PF series airplanes, certificated in any category, line numbers 1 through 735 inclusive, powered by Pratt & Whitney engines. (2) Supplemental Type Certificate (STC) ST01518SE (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/rgstc.nsf/ 0/48e13cdfbbc32cf4862576a4005d308b/ $FILE/ST01518SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. For all other AMOC requests, the operator must request approval for an AMOC in accordance with the provisions of paragraph (k) of this AD. (g) Retained Modification With New Service Information and Reduced Compliance Time This paragraph restates the requirements of paragraph (a) of AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), with new service information and a reduced compliance time. Modify the nacelle strut and wing structure on both the left and right sides of the airplane, in accordance with Boeing Service Bulletin 757–54–0034, dated May 14, 1998; Boeing Service Bulletin 757–54–0034, Revision 1, dated October 11, 2001; or Boeing Service Bulletin 757–54–0034, Revision 2, dated May 7, 2009; at the later of the times specified in paragraph (g)(1) or (g)(2) of this AD. As of the effective date of this AD, only Boeing Service Bulletin 757–54–0034, Revision 2, dated May 7, 2009, may be used to accomplish the actions required by this paragraph. (1) At the earlier of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD. (i) Prior to the accumulation of 37,500 total flight cycles. (ii) At the later of the times specified in paragraph (g)(1)(ii)(A) or (g)(1)(ii)(B) of this AD. (A) Within 20 years since the date of manufacture. (B) Within the compliance time calculated using the optional threshold formula described in Boeing Service Bulletin 757–54– 0034, Revision 2, dated May 7, 2009, or within 8 years after the effective date of this AD, whichever occurs first. (2) Within 3,000 flight cycles after November 13, 2000 (the effective date of AD 2000–20–09, Amendment 39–11920 (65 FR 59703, October 6, 2000)). (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 54, Nacelles/Pylons. (h) Retained Concurrent Requirements With New Service Information This paragraph restates the requirements of paragraph (b) of AD 2003–18–05, 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), and adding the following new AD: ■ 2013–10–02 The Boeing Company: Amendment 39–17455; Docket No. FAA–2012–1109; Directorate Identifier 2011–NM–172–AD. (a) Effective Date This AD is effective June 20, 2013. (b) Affected ADs This AD supersedes AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003). PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 28732 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations Amendment 39–13296 (68 FR 53496, September 11, 2003), with new service information. Except as provided by paragraph (j) of this AD: Prior to or concurrently with the accomplishment of the modification of the nacelle strut and wing structure required by paragraph (g) of this AD, accomplish the actions specified in Boeing Service Bulletin 757–54–0027, Revision 1, dated October 27, 1994; and Boeing Service Bulletin 757–54–0036, dated May 14, 1998, or Boeing Service Bulletin 757–54–0036, Revision 1, dated July 31, 2006; as applicable; in accordance with those service bulletins. As of the effective date of this AD, use only Boeing Service Bulletin 757–54–0027, Revision 1, dated October 27, 1994; and Boeing Service Bulletin 757–54– 0036, Revision 1, dated July 31, 2006; to accomplish the applicable requirements of this paragraph. (i) Retained Repair With New Service Information This paragraph restates the requirements of paragraph (c) of AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), with new service information. If any damage to airplane structure is found during the accomplishment of the modification required by paragraph (g) of this AD, and Boeing Service Bulletin 757–54–0034, dated May 14, 1998; Boeing Service Bulletin 757–54–0034, Revision 1, dated October 11, 2001; or Boeing Service Bulletin 757–54–0034, Revision 2, dated May 7, 2009; specifies to contact Boeing for appropriate action: Before further flight, repair the damage using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (k) 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 previously in accordance with AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), are approved as AMOCs for the corresponding provisions of this AD, except for AMOCs that approved a revised compliance time. erowe on DSK2VPTVN1PROD with RULES (j) Retained Modification With New Service Information This paragraph restates the requirements of paragraph (d) of AD 2003–18–05, Amendment 39–13296 (68 FR 53496, September 11, 2003), with new service information. Modify the nacelle strut (including replacing the upper link with a new, improved part, and modifying the wire support bracket attached to the upper link), in accordance with Boeing Service Bulletin 757–54–0036, dated May 14, 1998; or Boeing Service Bulletin 757–54–0036, Revision 1, dated July 31, 2006; at the earlier of the times specified in paragraphs (j)(1) and (j)(2) of this AD. As of the effective date of this AD, use only Boeing Service Bulletin 757–54–0036, Revision 1, dated July 31, 2006, to accomplish the requirements of this paragraph. (1) Prior to or concurrently with accomplishment of the modification of the nacelle strut and wing structure required by paragraph (g) of this AD. (2) Prior to the accumulation of 27,000 total flight cycles (for Model 757–200 series airplanes) or 29,000 total flight cycles (for Model 757–200PF series airplanes), or within 2 years after October 16, 2003 (the effective date of AD 2003–18–05, Amendment 39– 13296 (68 FR 53496, September 11, 2003)), whichever is later. (l) Related Information For more information about this AD, contact Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6440; fax: 425–917–6590; email: Nancy.Marsh@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (3) The following service information was approved for IBR on June 20, 2013. (i) Boeing Service Bulletin 757–54–0034, Revision 2, dated May 7, 2009. (ii) Boeing Service Bulletin 757–54–0036, Revision 1, dated July 31, 2006. (4) The following service information was approved for IBR on October 16, 2003 (68 FR 53496, September 11, 2003). (i) Boeing Service Bulletin 757–54–0034, Revision 1, dated October 11, 2001. (ii) Reserved. (5) The following service information was approved for IBR on November 13, 2000 (65 FR 59703, October 6, 2000). (i) Boeing Service Bulletin 757–54–0027, Revision 1, dated October 27, 1994. (ii) Boeing Service Bulletin 757–54–0034, dated May 14, 1998. (iii) Boeing Service Bulletin 757–54–0036, dated May 14, 1998. VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (6) For Boeing 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. (7) 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. (8) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on May 6, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–11387 Filed 5–15–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 35 [Docket No. RM12–3–000] Revisions to Electric Quarterly Report Filing Process; Availability of Draft XML Schema Federal Energy Regulatory Commission, DOE. ACTION: Notification of availability. AGENCY: The Federal Energy Regulatory Commission is making available on its Web site (https:// www.ferc.gov), Extensible Mark-Up Language (XML) needed to make Electric Quarterly Report (EQR) filings with one of the new filing processes adopted in Order No. 770, in the Commission’s Final Rule, 77 FR 71288 (November 30, 2012). Please refer to the SUPPLEMENTARY INFORMATION Section below for details. DATES: The XML is now available at the links mentioned below. FOR FURTHER INFORMATION CONTACT: Christina Switzer, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426, (202) 502–6379. SUPPLEMENTARY INFORMATION: Take notice that the Federal Energy Regulatory Commission (Commission) is making available on its Web site the SUMMARY: E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28729-28732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11387]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1109; Directorate Identifier 2011-NM-172-AD; 
Amendment 39-17455; AD 2013-10-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 757-200 and -200PF series 
airplanes. That AD currently requires modifying the nacelle strut and 
wing structure, and repairing any damage found during the modification. 
This new AD specifies a maximum compliance time limit that overrides 
the optional threshold formula results. This AD was prompted by reports 
indicating that the actual operational loads applied to the nacelle are 
higher than the analytical loads that

[[Page 28730]]

were used during the initial design. Subsequent analysis and service 
history, which includes numerous reports of fatigue cracking on certain 
strut and wing structure, indicated that fatigue cracking can occur on 
the primary strut structure before an airplane reaches its design 
service objective. We are issuing this AD to prevent fatigue cracking 
in primary strut structure and consequent reduced structural integrity 
of the strut.

DATES: This AD is effective June 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
October 16, 2003 (68 FR 53496, September 11, 2003).
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
November 13, 2000 (65 FR 59703, October 6, 2000).

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2003-18-05, Amendment 39-13296 (68 FR 53496, 
September 11, 2003). That AD applies to the specified products. The 
NPRM published in the Federal Register on October 29, 2012 (77 FR 
65506). That NPRM proposed to continue to require modifying the nacelle 
strut and wing structure, and repairing any damage found during the 
modification. That NPRM also proposed to specify a maximum compliance 
time limit that overrides the optional threshold formula results.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 65506, October 29, 2012) and the FAA's response to each comment.

Clarification Regarding the Installation of Winglets

    Aviation Partners Boeing (APB) stated that it has reviewed the NPRM 
(77 FR 65506, October 29, 2012) and the ``Boeing Service Bulletin'' and 
has determined that the installation of winglets per Supplemental Type 
Certificate (STC) ST01518SE (https://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$FILE/
ST01518SE.pdf) does not affect them. APB also stated that it will 
provide supporting data to the FAA upon request.
    We agree with the commenter's statement that the installation of 
winglets as specified in STC ST01518SE (https://rgl.faa.gov/Regulatory--
and--Guidance--Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/
$FILE/ST01518SE.pdf) does not affect accomplishment of the requirements 
of this AD, and an alternative method of compliance (AMOC) is not 
necessary for a ``change in product'' AMOC approval request. We have 
therefore added this provision in new paragraph (c)(2) of this AD.

Statement of Compliance With NPRM (77 FR 65506, October 29, 2012)

    Nord Wind Airlines reported the status of compliance of its 
airplanes with the NPRM (77 FR 65506, October 29, 2012).
    No request was submitted by Nord Wind Airlines. We have not changed 
this AD in regard to Nord Wind Airlines' comment.

Statement of Previous Compliance With NPRM (77 FR 65506, October 29, 
2012)

    FedEx stated that it has previously performed the prescribed 
inspections and terminating actions on its airplanes and that no 
further actions are necessary for it to be in compliance with the NPRM 
(77 FR 65506, October 29, 2012).
    No request was submitted by FedEx. We have not changed this AD in 
regard to FedEx's comment.

Change Made to Restated Paragraph (h) of This AD

    We have revised the wording in paragraph (h) of this AD to clarify 
the applicable service information to be used after the effective date 
of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 65506, October 29, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 65506, October 29, 2012).

Costs of Compliance

    We estimate that this AD affects 278 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 28731]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Cost per      Cost on U.S.
                           Action                                             Labor cost                    Parts cost        product        operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification [retained actions from AD 2003-18-05,           800 work-hours x $85 per hour = $68,000....              $0         $68,000     $18,904,000
 Amendment 39-13296 (68 FR 53496, September 11, 2003)].
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The new requirements of this AD add no additional economic burden.
    According to the manufacturer, some of the costs of this 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 products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), and 
adding the following new AD:

2013-10-02 The Boeing Company: Amendment 39-17455; Docket No. FAA-
2012-1109; Directorate Identifier 2011-NM-172-AD.

(a) Effective Date

    This AD is effective June 20, 2013.

(b) Affected ADs

    This AD supersedes AD 2003-18-05, Amendment 39-13296 (68 FR 
53496, September 11, 2003).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200 and -
200PF series airplanes, certificated in any category, line numbers 1 
through 735 inclusive, powered by Pratt & Whitney engines.
    (2) Supplemental Type Certificate (STC) ST01518SE (https://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
48e13cdfbbc32cf4862576a4005d308b/$FILE/ST01518SE.pdf) does not 
affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01518SE is installed, a 
``change in product'' alternative method of compliance (AMOC) 
approval request is not necessary to comply with the requirements of 
14 CFR 39.17. For all other AMOC requests, the operator must request 
approval for an AMOC in accordance with the provisions of paragraph 
(k) of this AD.

(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. 
Subsequent analysis and service history, which includes numerous 
reports of fatigue cracking on certain strut and wing structure, 
indicated that fatigue cracking can occur on the primary strut 
structure before an airplane reaches its design service objective. 
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 With New Service Information and Reduced 
Compliance Time

    This paragraph restates the requirements of paragraph (a) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information and a reduced compliance time. Modify 
the nacelle strut and wing structure on both the left and right 
sides of the airplane, in accordance with Boeing Service Bulletin 
757-54-0034, dated May 14, 1998; Boeing Service Bulletin 757-54-
0034, Revision 1, dated October 11, 2001; or Boeing Service Bulletin 
757-54-0034, Revision 2, dated May 7, 2009; at the later of the 
times specified in paragraph (g)(1) or (g)(2) of this AD. As of the 
effective date of this AD, only Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009, may be used to accomplish the actions 
required by this paragraph.
    (1) At the earlier of the times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD.
    (i) Prior to the accumulation of 37,500 total flight cycles.
    (ii) At the later of the times specified in paragraph 
(g)(1)(ii)(A) or (g)(1)(ii)(B) of this AD.
    (A) Within 20 years since the date of manufacture.
    (B) Within the compliance time calculated using the optional 
threshold formula described in Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009, or within 8 years after the effective 
date of this AD, whichever occurs first.
    (2) Within 3,000 flight cycles after November 13, 2000 (the 
effective date of AD 2000-20-09, Amendment 39-11920 (65 FR 59703, 
October 6, 2000)).

(h) Retained Concurrent Requirements With New Service Information

    This paragraph restates the requirements of paragraph (b) of AD 
2003-18-05,

[[Page 28732]]

Amendment 39-13296 (68 FR 53496, September 11, 2003), with new 
service information. Except as provided by paragraph (j) of this AD: 
Prior to or concurrently with the accomplishment of the modification 
of the nacelle strut and wing structure required by paragraph (g) of 
this AD, accomplish the actions specified in Boeing Service Bulletin 
757-54-0027, Revision 1, dated October 27, 1994; and Boeing Service 
Bulletin 757-54-0036, dated May 14, 1998, or Boeing Service Bulletin 
757-54-0036, Revision 1, dated July 31, 2006; as applicable; in 
accordance with those service bulletins. As of the effective date of 
this AD, use only Boeing Service Bulletin 757-54-0027, Revision 1, 
dated October 27, 1994; and Boeing Service Bulletin 757-54-0036, 
Revision 1, dated July 31, 2006; to accomplish the applicable 
requirements of this paragraph.

(i) Retained Repair With New Service Information

    This paragraph restates the requirements of paragraph (c) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information. If any damage to airplane structure is 
found during the accomplishment of the modification required by 
paragraph (g) of this AD, and Boeing Service Bulletin 757-54-0034, 
dated May 14, 1998; Boeing Service Bulletin 757-54-0034, Revision 1, 
dated October 11, 2001; or Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009; specifies to contact Boeing for 
appropriate action: Before further flight, repair the damage using a 
method approved in accordance with the procedures specified in 
paragraph (k) of this AD.

(j) Retained Modification With New Service Information

    This paragraph restates the requirements of paragraph (d) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information. Modify the nacelle strut (including 
replacing the upper link with a new, improved part, and modifying 
the wire support bracket attached to the upper link), in accordance 
with Boeing Service Bulletin 757-54-0036, dated May 14, 1998; or 
Boeing Service Bulletin 757-54-0036, Revision 1, dated July 31, 
2006; at the earlier of the times specified in paragraphs (j)(1) and 
(j)(2) of this AD. As of the effective date of this AD, use only 
Boeing Service Bulletin 757-54-0036, Revision 1, dated July 31, 
2006, to accomplish the requirements of this paragraph.
    (1) Prior to or concurrently with accomplishment of the 
modification of the nacelle strut and wing structure required by 
paragraph (g) of this AD.
    (2) Prior to the accumulation of 27,000 total flight cycles (for 
Model 757-200 series airplanes) or 29,000 total flight cycles (for 
Model 757-200PF series airplanes), or within 2 years after October 
16, 2003 (the effective date of AD 2003-18-05, Amendment 39-13296 
(68 FR 53496, September 11, 2003)), whichever is later.

(k) 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 previously in accordance with AD 2003-18-05, 
Amendment 39-13296 (68 FR 53496, September 11, 2003), are approved 
as AMOCs for the corresponding provisions of this AD, except for 
AMOCs that approved a revised compliance time.

(l) Related Information

    For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft 
Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6440; fax: 425-917-6590; email: 
Nancy.Marsh@faa.gov.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
June 20, 2013.
    (i) Boeing Service Bulletin 757-54-0034, Revision 2, dated May 
7, 2009.
    (ii) Boeing Service Bulletin 757-54-0036, Revision 1, dated July 
31, 2006.
    (4) The following service information was approved for IBR on 
October 16, 2003 (68 FR 53496, September 11, 2003).
    (i) Boeing Service Bulletin 757-54-0034, Revision 1, dated 
October 11, 2001.
    (ii) Reserved.
    (5) The following service information was approved for IBR on 
November 13, 2000 (65 FR 59703, October 6, 2000).
    (i) Boeing Service Bulletin 757-54-0027, Revision 1, dated 
October 27, 1994.
    (ii) Boeing Service Bulletin 757-54-0034, dated May 14, 1998.
    (iii) Boeing Service Bulletin 757-54-0036, dated May 14, 1998.
    (6) For Boeing 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.
    (7) 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.
    (8) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-11387 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P
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