Airworthiness Directives; The Boeing Company Airplanes, 52419-52422 [2013-19460]

Download as PDF Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on August 2, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–19463 Filed 8–22–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0931; Directorate Identifier 2011–NM–128–AD; Amendment 39–17555; AD 2013–16–17] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 727, 727C, 727– 100, 727–100C, 727–200, and 727–200F series airplanes. This AD was prompted by a structural re-evaluation by the manufacturer, which identified elements within the wing trailing edge flap area that qualify as structural significant items (SSIs). This AD requires revising the maintenance inspection program to include inspections that will give no less than the required damage tolerance rating (DTR) for certain SSIs, and repairing any cracked structure. We are issuing this AD to detect and correct fatigue cracking of the wing trailing edge structure, which could result in compromised structural integrity of the airplane. DATES: This AD is effective September 27, 2013. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 27, 2013. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; Internet https:// www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:22 Aug 22, 2013 Jkt 229001 Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 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: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: 425– 917–6577; fax: 425–917–6590; email: Berhane.Alazar@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on September 6, 2012 (77 FR 54856). That NPRM proposed to require revising the maintenance inspection program to include inspections that will give no less than the required damage tolerance rating for certain SSIs, and repairing cracked structure. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 54856, September 6, 2012) and the FAA’s response to each comment. Request To Add Compliance Time Allowance Boeing requested that we add a compliance time allowance to paragraph (c)(2) of the NPRM (77 FR 54856, September 6, 2012) for the determination of the alternative inspection requirements for each SSI affected by a repair or alteration that prohibits the ability to accomplish the inspections required by paragraph (g) of the NPRM. Boeing requested that we add to paragraph (c) of this AD a compliance period of 12 months and associated language similar to that in paragraph (j) of AD 2008–11–03, Amendment 39–15525 (73 FR 29407, PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 52419 May 21, 2008). Boeing justified its request by stating that the following ADs allow up to 12 months to determine the alternative inspection requirements should a repair or alteration prohibit the required inspection, and that including similar language in the NPRM will assist the operator. • Paragraph (e) of AD 98–11–03 Rl, Amendment 39–10983 (64 FR 989, January 7, 1999). • Paragraph (j) of AD 2008–11–03, Amendment 39–15525 (73 FR 29407, May 21, 2008). • Paragraph (i) of AD 2008–09–13, Amendment 39–15494 (73 FR 24164, May 2, 2008). We partially agree with the commenter’s request. We agree with adding an allowance similar to that requested by the commenter because operators might have existing repairs that affect the ability to accomplish the SSI inspections. We disagree with adding that allowance to paragraph (c)(2) of this AD. That paragraph is an applicability provision. We have added a new paragraph (h) to this AD to address SSIs that have been repaired or altered before the effective date of this AD such that the repair or design change affects the ability to accomplish the actions required by paragraph (g) of this AD. We have reidentified subsequent paragraphs accordingly. Request To Add Repetitive Inspection Wording Boeing requested that we revise paragraph (g)(2) of the NPRM (77 FR 54856, September 6, 2012) to add the following wording: Repeat the applicable inspection thereafter at the intervals necessary to obtain the required DTR specified in Boeing Document D6–48040–2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010. Boeing stated that the NPRM does not address the repetitive inspection requirements after the initial inspections are accomplished. Boeing requested the wording revision in order to maintain consistency with the wording contained in paragraph (i) of AD 2008–11–03, Amendment 39–15525 (73 FR 29407, May 21, 2008); and paragraph (h) of AD 2008–09–13, Amendment 39–15494 (73 FR 24164, May 2, 2008). We do not agree with the commenter’s request because the repetitive inspection and methodology requirements are specified in the DTR forms of Boeing Document D6–48040–2, Supplemental Structural Inspection Document for Model 727 Airplanes, Appendix A, dated December 2010. By E:\FR\FM\23AUR1.SGM 23AUR1 52420 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations requiring incorporation of inspections into the maintenance program that provide no less than the required DTR, we are ensuring that the appropriate repetitive inspections will be accomplished. We have not changed this final rule in this regard. Request To Address Transferred Airplanes Boeing requested that we add a new section to the NPRM (77 FR 54856, September 6, 2012) titled ‘‘Inspection Program for Transferred Airplanes,’’ and the associated language similar to that in paragraph (l) of AD 2008–11–03, Amendment 39–15525 (73 FR 29407, May 21, 2008); and paragraph (k) of AD 2008–09–13, Amendment 39–15494 (73 FR 24164, May 2, 2008); in order to maintain consistent language throughout these ADs. The AD paragraphs referenced by the commenter refer to the establishment of a maintenance program for accomplishing the required inspections before a transferred airplane can be added to an air carrier’s operation. We disagree with the commenter’s request because this is not necessary. This AD is a threshold-based program for all airplanes referenced in the AD applicability. This AD mandates a maintenance program, and new operators would be required to comply with paragraph (g) of this AD, which requires revising the maintenance program. Operators may request approval of an alternative method of compliance (AMOC) for transferred airplanes under the provisions of paragraph (k) of this AD. We have not changed this final rule in this regard. public interest require adopting this 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 54856, September 6, 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 54856, September 6, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the We estimate that this AD affects 206 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Costs of Compliance ESTIMATED COSTS Labor cost Parts cost Cost per product Cost on U.S. operators Revise maintenance program ...... emcdonald on DSK67QTVN1PROD with RULES Action 1 work-hour × $85 per hour = $85 .................................................... $0 $85 $17,510 Compliance with this AD is a method of compliance with the FAA aging airplane safety final rule (AASFR) (70 FR 5518, February 2, 2005) (http:// www.faa.gov/aircraft/air_cert/design_ approvals/transport/Aging_Aircraft/ media/ AgingAirplaneSafetyFinalRule.pdf) for certain baseline structure of Model 727, 727C, 727–100, 727–100C, 727–200, and 727–200F series airplanes. The AASFR requires certain operators to incorporate damage tolerance inspections into their maintenance inspection programs. These requirements are described in paragraph (c)(1) of section 121.1109 of the Federal Aviation Regulations (14 CFR 121.1109 (c)(1)) and paragraph (b)(1) of section 129.109 of the Federal Aviation Regulations (14 CFR 129.109(b)(1)). Accomplishment of the actions required by this AD will meet the requirements of these regulations for certain baseline structure. The costs for accomplishing the inspection portion of this AD were accounted for in the regulatory evaluation of the AASFR. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue VerDate Mar<15>2010 16:22 Aug 22, 2013 Jkt 229001 rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 (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 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 adding the following new airworthiness directive (AD): ■ 2013–16–17 The Boeing Company: Amendment 39–17555 ; Docket No. E:\FR\FM\23AUR1.SGM 23AUR1 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations FAA–2012–0931; Directorate Identifier 2011–NM–128–AD. (a) Effective Date This AD is effective September 27, 2013. (b) Affected ADs None. (c) Applicability (1) This AD applies to all The Boeing Company Model 727, 727C, 727–100, 727– 100C, 727–200, and 727–200F series airplanes, certificated in any category. (2) This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections, methods, and compliance times). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (k) of this AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by a structural reevaluation by the manufacturer, which identified elements within the wing trailing edge flap area that qualify as structural significant items (SSI). We are issuing this AD to detect and correct fatigue cracking of the wing trailing edge structure, which could result in compromised structural integrity of the airplane. emcdonald on DSK67QTVN1PROD with RULES (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Maintenance Program Revision (1) Before the accumulation of 55,000 total flight cycles, or within 12 months after the effective date of this AD, whichever occurs later: Revise the maintenance program to incorporate inspections that provide no less than the required damage tolerance rating (DTR) for each SSI listed in Boeing Document D6–48040–2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010. The required DTR value for each SSI is identified in Boeing Document D6–48040– 2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010. The revision to the maintenance inspection program must include and must be implemented in accordance with the procedures in Section 3.0, ‘‘Flap and Support Structure (Flap Structure) SSI Information,’’ of Boeing Document D6–48040–2, Supplemental Structural Inspection VerDate Mar<15>2010 16:22 Aug 22, 2013 Jkt 229001 Document For Model 727 Airplanes, Appendix A, dated December 2010; and in accordance with the procedures in Section 5.0, ‘‘Damage Tolerance Rating (DTR) System Application,’’ and Section 6.0, ‘‘SSI Discrepancy Reporting,’’ of Boeing Document D6–48040–1, Supplemental Structural Inspection Document (SSID), Volume 1, Revision H, dated June 1994. (2) The initial compliance time for the inspections is before the accumulation of 55,000 total flight cycles, or within 3,000 flight cycles after 12 months from the effective date of this AD, whichever occurs later. (h) Actions for SSI Items Repaired or Altered Before the Effective Date of This AD For any SSI that has been repaired or altered before the effective date of this AD such that the repair or design change affects the ability to accomplish the actions required by paragraph (g) of this AD: Before further flight, obtain FAA approval of an alternate inspection, in accordance with the procedures specified in paragraph (k) of this AD, or do the actions specified in paragraphs (h)(1) and (h)(2) of this AD as an approved method of compliance for the requirements of paragraph (g) of this AD. (1) At the initial compliance time specified in paragraph (g) of this AD, identify each repair or design change to that SSI. (2) Within 12 months after the identification of a repair or design change required by paragraph (h)(1) of this AD, assess the damage tolerance characteristics of each SSI affected by each repair or design change to determine the effectiveness of the applicable SSID inspection for that SSI and, if not effective, incorporate a revision into the maintenance inspection program to include a damage-tolerance-based alternative inspection program for each affected SSI. Thereafter, inspect the affected structure in accordance with the alternative inspection program. The inspection method and compliance times (i.e., threshold and repetitive intervals) of the alternative inspection program must be approved in accordance with the procedures specified in paragraph (k) of this AD. (i) Repair If any cracked structure is found during any inspection specified in Boeing Document D6–48040–2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010, before further flight, repair the cracked structure using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (j) No Alternative Actions or Intervals After accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used other than those specified in Boeing Document D6–48040–2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010, unless the actions or intervals are approved as an AMOC in accordance with the procedures specified in paragraph (k) of this AD. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 52421 (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in 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. (l) Related Information For more information about this AD, contact Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6577; fax: 425–917–6590; email: Berhane.Alazar@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. (i) Section 5.0, ‘‘Damage Tolerance Rating (DTR) System Application,’’ of Boeing Document D6–48040–1, Supplemental Structural Inspection Document for Model 727 Airplanes, Volume 1, Revision H, dated June 1994. The revision date of this document is identified on only the title page of this document. (ii) Section 6.0, ‘‘SSI Discrepancy Reporting,’’ of Boeing Document D6–48040– 1, Supplemental Structural Inspection Document for Model 727 Airplanes, Volume 1, Revision H, dated June 1994. The revision date of this document is identified on only the title page of this document. (iii) Boeing Document D6–48040–2, Supplemental Structural Inspection Document For Model 727 Airplanes, Appendix A, dated December 2010. The date appears only on the title page of this document. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1; fax E:\FR\FM\23AUR1.SGM 23AUR1 52422 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 206–766–5680; Internet https:// www.myboeingfleet.com. (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on August 1, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–19460 Filed 8–22–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2013–0565; Airspace Docket No. 13–AEA–11] Amendment of Class D and E Airspace; Wrightstown, NJ Federal Aviation Administration (FAA), DOT. ACTION: Final rule, technical amendment. AGENCY: This action amends Class D and E Airspace at Wrightstown, NJ, by updating the geographic coordinates and changing the city identifier of McGuire Air Force Base (AFB) to aid in the navigation of our National Airspace System. This action is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Wrightstown, NJ airspace area. DATES: Effective date 0901 UTC, October 17, 2013. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with RULES SUMMARY: The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 VerDate Mar<15>2010 16:22 Aug 22, 2013 Jkt 229001 amends Class D airspace and E airspace designated as an extension to a Class D surface area at McGuire AFB, Wrightstown, NJ, at the request of FAAs Aeronautical Products. The geographic coordinates of the airport are updated to be in concert with the FAAs aeronautical database and the city designation is changed from Wrightstown McGuire AFB, NJ, to Wrightstown, NJ. Accordingly, since this is an administrative change, and does not affect the boundaries, altitudes, or operating requirements of the airspace, notice and public procedures under 5 U.S.C. 553 (b) are unnecessary. The Class D and E airspace designations are published in Paragraph 5000 and 6004 respectively of FAA Order 7400.9W, dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them, operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (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); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A. Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace for the Wrightstown, NJ airspace area. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR Part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as follows: ■ Paragraph 5000 Class D Airspace * * * * * AEA NJ D Wrightstown, NJ [Amended] McGuire AFB, NJ (Lat. 40°00′56″ N., long. 74°35′30″ W.) That airspace extending upward from the surface to and including 2,600 feet MSL within a 4.5-mile radius of McGuire AFB. Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area. * * * * * AEA NJ E4 Wrightstown, NJ [Amended] McGuire AFB, NJ (Lat. 40°00′56″ N., long. 74°35′30″ W.) McGuire VORTAC (Lat. 40°00′34″ N., long. 74°35′47″ W.) That airspace extending upward from the surface within 1.8 miles each side of the McGuire VORTAC 350° radial extending from the 4.5-mile radius of McGuire AFB to 6.1 miles north of the VORTAC and within 1.8 miles each side of the McGuire VORTAC 051° radial extending from the 4.5-mile radius of the airport to 6.1 miles northeast of E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52419-52422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0931; Directorate Identifier 2011-NM-128-AD; 
Amendment 39-17555; AD 2013-16-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, and 727-
200F series airplanes. This AD was prompted by a structural re-
evaluation by the manufacturer, which identified elements within the 
wing trailing edge flap area that qualify as structural significant 
items (SSIs). This AD requires revising the maintenance inspection 
program to include inspections that will give no less than the required 
damage tolerance rating (DTR) for certain SSIs, and repairing any 
cracked structure. We are issuing this AD to detect and correct fatigue 
cracking of the wing trailing edge structure, which could result in 
compromised structural integrity of the airplane.

DATES: This AD is effective September 27, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 27, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD 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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6577; fax: 425-917-6590; email: Berhane.Alazar@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on September 6, 2012 (77 FR 
54856). That NPRM proposed to require revising the maintenance 
inspection program to include inspections that will give no less than 
the required damage tolerance rating for certain SSIs, and repairing 
cracked structure.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 54856, September 6, 2012) and the FAA's response to each 
comment.

Request To Add Compliance Time Allowance

    Boeing requested that we add a compliance time allowance to 
paragraph (c)(2) of the NPRM (77 FR 54856, September 6, 2012) for the 
determination of the alternative inspection requirements for each SSI 
affected by a repair or alteration that prohibits the ability to 
accomplish the inspections required by paragraph (g) of the NPRM. 
Boeing requested that we add to paragraph (c) of this AD a compliance 
period of 12 months and associated language similar to that in 
paragraph (j) of AD 2008-11-03, Amendment 39-15525 (73 FR 29407, May 
21, 2008). Boeing justified its request by stating that the following 
ADs allow up to 12 months to determine the alternative inspection 
requirements should a repair or alteration prohibit the required 
inspection, and that including similar language in the NPRM will assist 
the operator.
     Paragraph (e) of AD 98-11-03 Rl, Amendment 39-10983 (64 FR 
989, January 7, 1999).
     Paragraph (j) of AD 2008-11-03, Amendment 39-15525 (73 FR 
29407, May 21, 2008).
     Paragraph (i) of AD 2008-09-13, Amendment 39-15494 (73 FR 
24164, May 2, 2008).
    We partially agree with the commenter's request. We agree with 
adding an allowance similar to that requested by the commenter because 
operators might have existing repairs that affect the ability to 
accomplish the SSI inspections. We disagree with adding that allowance 
to paragraph (c)(2) of this AD. That paragraph is an applicability 
provision. We have added a new paragraph (h) to this AD to address SSIs 
that have been repaired or altered before the effective date of this AD 
such that the repair or design change affects the ability to accomplish 
the actions required by paragraph (g) of this AD. We have reidentified 
subsequent paragraphs accordingly.

Request To Add Repetitive Inspection Wording

    Boeing requested that we revise paragraph (g)(2) of the NPRM (77 FR 
54856, September 6, 2012) to add the following wording:

    Repeat the applicable inspection thereafter at the intervals 
necessary to obtain the required DTR specified in Boeing Document 
D6-48040-2, Supplemental Structural Inspection Document For Model 
727 Airplanes, Appendix A, dated December 2010.

    Boeing stated that the NPRM does not address the repetitive 
inspection requirements after the initial inspections are accomplished. 
Boeing requested the wording revision in order to maintain consistency 
with the wording contained in paragraph (i) of AD 2008-11-03, Amendment 
39-15525 (73 FR 29407, May 21, 2008); and paragraph (h) of AD 2008-09-
13, Amendment 39-15494 (73 FR 24164, May 2, 2008).
    We do not agree with the commenter's request because the repetitive 
inspection and methodology requirements are specified in the DTR forms 
of Boeing Document D6-48040-2, Supplemental Structural Inspection 
Document for Model 727 Airplanes, Appendix A, dated December 2010. By

[[Page 52420]]

requiring incorporation of inspections into the maintenance program 
that provide no less than the required DTR, we are ensuring that the 
appropriate repetitive inspections will be accomplished. We have not 
changed this final rule in this regard.

Request To Address Transferred Airplanes

    Boeing requested that we add a new section to the NPRM (77 FR 
54856, September 6, 2012) titled ``Inspection Program for Transferred 
Airplanes,'' and the associated language similar to that in paragraph 
(l) of AD 2008-11-03, Amendment 39-15525 (73 FR 29407, May 21, 2008); 
and paragraph (k) of AD 2008-09-13, Amendment 39-15494 (73 FR 24164, 
May 2, 2008); in order to maintain consistent language throughout these 
ADs.
    The AD paragraphs referenced by the commenter refer to the 
establishment of a maintenance program for accomplishing the required 
inspections before a transferred airplane can be added to an air 
carrier's operation. We disagree with the commenter's request because 
this is not necessary. This AD is a threshold-based program for all 
airplanes referenced in the AD applicability. This AD mandates a 
maintenance program, and new operators would be required to comply with 
paragraph (g) of this AD, which requires revising the maintenance 
program. Operators may request approval of an alternative method of 
compliance (AMOC) for transferred airplanes under the provisions of 
paragraph (k) of this AD. We have not changed this final rule in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 54856, September 6, 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 54856, September 6, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 206 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per    Cost on U.S.
                 Action                             Labor cost            Parts cost     product      operators
----------------------------------------------------------------------------------------------------------------
Revise maintenance program.............  1 work-hour x $85 per hour =            $0           $85       $17,510
                                          $85.
----------------------------------------------------------------------------------------------------------------

    Compliance with this AD is a method of compliance with the FAA 
aging airplane safety final rule (AASFR) (70 FR 5518, February 2, 2005) 
(http://www.faa.gov/aircraft/air_cert/design_approvals/transport/Aging_Aircraft/media/AgingAirplaneSafetyFinalRule.pdf) for certain 
baseline structure of Model 727, 727C, 727-100, 727-100C, 727-200, and 
727-200F series airplanes. The AASFR requires certain operators to 
incorporate damage tolerance inspections into their maintenance 
inspection programs. These requirements are described in paragraph 
(c)(1) of section 121.1109 of the Federal Aviation Regulations (14 CFR 
121.1109 (c)(1)) and paragraph (b)(1) of section 129.109 of the Federal 
Aviation Regulations (14 CFR 129.109(b)(1)). Accomplishment of the 
actions required by this AD will meet the requirements of these 
regulations for certain baseline structure. The costs for accomplishing 
the inspection portion of this AD were accounted for in the regulatory 
evaluation of the AASFR.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-16-17 The Boeing Company: Amendment 39-17555 ; Docket No.

[[Page 52421]]

FAA-2012-0931; Directorate Identifier 2011-NM-128-AD.

(a) Effective Date

    This AD is effective September 27, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 727, 727C, 
727-100, 727-100C, 727-200, and 727-200F series airplanes, 
certificated in any category.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections, methods, and 
compliance times). Compliance with these actions is required by 14 
CFR 91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by these inspections, 
the operator may not be able to accomplish the inspections described 
in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative 
method of compliance (AMOC) according to paragraph (k) of this AD. 
The request should include a description of changes to the required 
actions that will ensure the continued operational safety of the 
airplane.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a structural re-evaluation by the 
manufacturer, which identified elements within the wing trailing 
edge flap area that qualify as structural significant items (SSI). 
We are issuing this AD to detect and correct fatigue cracking of the 
wing trailing edge structure, which could result in compromised 
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance Program Revision

    (1) Before the accumulation of 55,000 total flight cycles, or 
within 12 months after the effective date of this AD, whichever 
occurs later: Revise the maintenance program to incorporate 
inspections that provide no less than the required damage tolerance 
rating (DTR) for each SSI listed in Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010. The required DTR value for each SSI 
is identified in Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010. The revision to the maintenance inspection program 
must include and must be implemented in accordance with the 
procedures in Section 3.0, ``Flap and Support Structure (Flap 
Structure) SSI Information,'' of Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010; and in accordance with the 
procedures in Section 5.0, ``Damage Tolerance Rating (DTR) System 
Application,'' and Section 6.0, ``SSI Discrepancy Reporting,'' of 
Boeing Document D6-48040-1, Supplemental Structural Inspection 
Document (SSID), Volume 1, Revision H, dated June 1994.
    (2) The initial compliance time for the inspections is before 
the accumulation of 55,000 total flight cycles, or within 3,000 
flight cycles after 12 months from the effective date of this AD, 
whichever occurs later.

(h) Actions for SSI Items Repaired or Altered Before the Effective Date 
of This AD

    For any SSI that has been repaired or altered before the 
effective date of this AD such that the repair or design change 
affects the ability to accomplish the actions required by paragraph 
(g) of this AD: Before further flight, obtain FAA approval of an 
alternate inspection, in accordance with the procedures specified in 
paragraph (k) of this AD, or do the actions specified in paragraphs 
(h)(1) and (h)(2) of this AD as an approved method of compliance for 
the requirements of paragraph (g) of this AD.
    (1) At the initial compliance time specified in paragraph (g) of 
this AD, identify each repair or design change to that SSI.
    (2) Within 12 months after the identification of a repair or 
design change required by paragraph (h)(1) of this AD, assess the 
damage tolerance characteristics of each SSI affected by each repair 
or design change to determine the effectiveness of the applicable 
SSID inspection for that SSI and, if not effective, incorporate a 
revision into the maintenance inspection program to include a 
damage-tolerance-based alternative inspection program for each 
affected SSI. Thereafter, inspect the affected structure in 
accordance with the alternative inspection program. The inspection 
method and compliance times (i.e., threshold and repetitive 
intervals) of the alternative inspection program must be approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Repair

    If any cracked structure is found during any inspection 
specified in Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010, before further flight, repair the cracked structure 
using a method approved in accordance with the procedures specified 
in paragraph (k) of this AD.

(j) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used other than those specified in Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010, unless the actions or intervals are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (k) of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in 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.

(l) Related Information

    For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6577; fax: 425-917-6590; email: 
Berhane.Alazar@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.
    (i) Section 5.0, ``Damage Tolerance Rating (DTR) System 
Application,'' of Boeing Document D6-48040-1, Supplemental 
Structural Inspection Document for Model 727 Airplanes, Volume 1, 
Revision H, dated June 1994. The revision date of this document is 
identified on only the title page of this document.
    (ii) Section 6.0, ``SSI Discrepancy Reporting,'' of Boeing 
Document D6-48040-1, Supplemental Structural Inspection Document for 
Model 727 Airplanes, Volume 1, Revision H, dated June 1994. The 
revision date of this document is identified on only the title page 
of this document.
    (iii) Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010. The date appears only on the title page of this 
document.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; 
telephone 206-544-5000, extension 1; fax

[[Page 52422]]

206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 1, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19460 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-13-P