Airworthiness Directives; The Boeing Company Airplanes, 30008-30015 [2014-09835]

Download as PDF 30008 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations Issued in Renton, Washington, on April 18, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–12093 Filed 5–23–14; 8:45 am] BILLING CODE 4910–13–P 468444; Internet https:// www.bombardier.com. You may view this 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 Federal Aviation Administration You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2012– 1103; 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 Docket 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. [Docket No. FAA–2012–1103; Directorate Identifier 2012–NM–131–AD; Amendment 39–17842; AD 2014–09–07] 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 certain The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes. This AD was prompted by reports of cracking of the forward bulkhead web, web stiffeners, attachment angles, and thermal anti-ice (TAI) spray ring assemblies of the engine air intake cowl. This AD requires replacing the forward bulkhead assembly, TAI spray ring assembly, and attachment fittings of the air intake cowl. We are issuing this AD to prevent the failure of air intake cowl components due to cracking, which could result in the air intake cowl separating from the engine and striking critical airplane control surfaces that could result in a loss of airplane control; severe engine damage and loss of thrust; or large parts striking a person or property on the ground. DATES: This AD is effective July 1, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 1, 2014. ADDRESSES: For Rolls-Royce service information identified in this AD, contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; telephone 011 44 1332 242424; fax 011 44 1332 249936; email https://www.rollsroyce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com. For Bombardier service information identified in this AD, contact Short Brothers PLC, Airworthiness, P.O. Box 241, Airport Road, Belfast, BT3 9DZ Northern Ireland; telephone +44(0)2890–462469; fax +44(0)2890– emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: (425) 917– 6501; fax: (425) 917–6590; email: kevin.nguyen@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes. The NPRM published in the Federal Register on October 19, 2012 (77 FR 64242). The NPRM was prompted by reports of cracking of the forward bulkhead web, web stiffeners, attachment angles, and thermal anti-ice (TAI) spray ring assemblies of the engine air intake cowl. The NPRM proposed to require replacing the forward bulkhead assembly, TAI spray ring assembly, and attachment fittings of the air intake cowl. We are issuing this AD to prevent the failure of air intake cowl components due to cracking, which could result in the air intake cowl separating from the engine and striking critical airplane control surfaces that could result in a loss of airplane control; severe engine damage and loss of thrust; or large parts striking a person or property on the ground. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 64242, October 19, 2012) and the FAA’s response to each comment. Requests To Delay Final Rule Pending Modification as Terminating Action DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 Comments FedEx, American Airlines (AAL), and United Airlines (UAL) requested that we delay issuance of this final rule until the manufacturer can release service information that contains instructions for a modification as terminating action for the repetitive replacements proposed in the NPRM (77 FR 69242, October 19, 2012). In lieu of that, FedEx and AAL requested we include a modification as terminating action. FedEx and AAL stated that it would be more beneficial to accomplish the terminating modification rather than doing the interim replacements of the air intake cowl bulkhead assemblies or parts. UAL noted that airlines are working with Boeing to obtain improvements to the current design, which includes a threepart solution to most structural design deficiencies. FedEx explained that Rolls-Royce was scheduled to release service information including a terminating modification for the repetitive replacements during the first quarter of 2013. UAL stated repetitive replacement of the forward bulkhead is expensive and does not solve the inherent design problem. We partially agree. We agree that a terminating modification, if available, should be included as part of this final rule, because eliminating the in-service safety issue is a preferred choice over repetitive replacement of assemblies or parts. However, we disagree with delaying issuance of this final rule until service information containing procedures for a terminating modification becomes available. We have not received an exact date for release of the planned RollsRoyce service information. We have determined that to delay this final rule would be inappropriate, since we have determined that such a delay would not adequately address the unsafe condition in a timely manner and that replacing the forward bulkhead assembly components must be done to ensure continued safety. When the terminating modification becomes available, we might consider additional rulemaking. Operators may apply for approval of an alternative method of compliance (AMOC) for these actions in accordance with the provisions of paragraph (l) of E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations this AD. We have not changed this final rule in this regard. emcdonald on DSK67QTVN1PROD with RULES Request To Reference Latest Service Information and Allow Credit Rolls-Royce Group PLC (Rolls-Royce) requested that we refer to the latest service information: Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, Revision 1, dated September 28, 2012, which was issued to correct minor typographical errors. Rolls-Royce also requested that we allow credit for actions done previously using Rolls-Royce Alert NonModification Service Bulletin RB.211– 71–AG698, dated October 14, 2011. We agree to reference the latest service information and to allow credit for using certain previous revisions. We have updated paragraphs (g) and (h) of this final rule to reference Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013, which corrects a certain air intake cowl serial number; and to reference Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014, which corrects certain part numbers. We also have revised paragraph (i) of this final rule to allow credit for certain actions done before the effective date of this AD using RollsRoyce Alert Non-Modification Service Bulletin RB.211–71–AG698, dated October 14, 2011; or Revision 1, dated September 28, 2012. We also have revised paragraph (i) of this final rule to allow credit for certain actions done before the effective date of this AD using Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 1, dated August 15, 2012; and Revision 2, dated December 5, 2012. Requests To Delay Final Rule Until Service Information is Corrected FedEx requested that this final rule be delayed until a part number in certain service information is corrected. FedEx stated that Appendix 3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, dated October 14, 2011, called out part number LJ35477 for both ‘‘Angle ATT FWD Outer’’ and ‘‘Angle Attachment FWD Outer.’’ However, the correct part number for the latter part is LJ35478. We do not agree to delay issuance of this final rule. However, we note that the part number error has already been corrected in Appendix 3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, Revision 1, dated September 28, 2012; and Revision 2, dated June 20, 2013. We have updated paragraphs (g), (h), (j), and (k) of this VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 final rule to reference Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014; as the appropriate sources of service information for removing and replacing, with new parts, the forward bulkhead assembly, TAI spray ring assembly, and attachment fittings of the air intake cowl. Bombardier Alert NonModification Service Bulletin RB211– E4–A1003, Revision 3, dated February 4, 2014, also includes corrected part number information: Part number LJ35479, with quantity two, was corrected to LJ50537 and LJ50538, with one quantity each; part number LJ35482 was corrected to LJ50535; and part number LJ35483 was corrected to LJ50536. AAL and FedEx requested that certain service information be updated to allow the use of alternative rivets (fasteners) in place of obsolete ‘‘MS20426DD’’ fasteners. The commenters stated that service information should include suitable alternatives; however, the commenters did not propose suitable alternative fastener information. We have confirmed with the parts manufacturer that the subject rivets (fasteners) are not obsolete, as indicated by the commenters. In addition, while we agree that it would be beneficial if the service information were to include acceptable alternative fastener information, in light of the urgency of the identified unsafe condition, we do not find it appropriate to delay this final rule to wait for additional revised service information. We included paragraph (l) in this final rule to provide operators a means to request approval of the use of an alternative fastener if sufficient data are presented that demonstrate the rivet (fastener) is a suitable alternative. We have not changed this final rule in this regard. Request To Issue Component AD Instead of Airplane AD FedEx requested that the applicability in paragraph (c) of the NPRM (77 FR 69242, October 19, 2012) be revised to reference component part numbers and serial numbers, rather than specific airplanes. FedEx stated that the NPRM should apply to components rather than airplanes because the applicability of the NPRM, as written, will create confusion and will inhibit operator AD tracking capabilities. We disagree with the commenter’s request. According to FAA policy, if an unsafe condition results from the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 30009 installation of a particular component in only one particular make and model of airplane, the AD would apply to the airplane model, not the component. The reason for this is simple: If the AD applies to the airplane model equipped with the item, operators of those airplanes will be notified directly of the unsafe condition and the action required to correct it. While we assume that operators can identify the airplane models they operate, they may not be aware of specific items installed on the airplanes. Therefore, specifying the airplane models in the applicability as the subject of the AD prevents an operator’s ‘‘unknowing failure to comply’’ with the AD. In this case, the air intake cowls of the affected design with the identified unsafe condition are known to be confined to Model 757 airplanes; therefore, it is appropriate for the FAA to issue an airplane AD, not a component AD. We have not changed this final rule in this regard. Request To Clarify Applicability Regarding Pratt & Whitney Engines US Airways requested the NPRM (77 FR 69242, October 19, 2012) be revised to clarify actions for airplanes equipped with Pratt & Whitney engines. We clarify that the applicability statement in paragraph (c) of this final rule only identifies Boeing Model 757– 200, –200PF, –200CB, and –300 series airplanes equipped with certain RollsRoyce engines. This final rule does not apply to airplanes equipped with Pratt & Whitney engines. No change has been made to this final rule in this regard. Request To Revise a Calendar-Based to a Cycle-Based Compliance Time UPS requested that the compliance times in the NPRM (77 FR 69242, October 19, 2012) be revised from calendar-based to cycle-based time for the replacement requirement. UPS noted that the NPRM requires replacement of forward bulkhead assemblies of air intake cowls at calendar date intervals based solely on the date of manufacture. UPS stated this requirement imposes unnecessary hardship and higher costs to lowutilization operators. UPS stated that since the issue is one of metal fatigue, a high-utilization operator will subject the same components to multiple times the fatigue exposures as a lowutilization operator over the same period. UPS also stated that spare intake cowls that have never been in service— and therefore have not seen metal fatigue—are subject to the same calendar-based replacement intervals, and that this severely degrades the value E:\FR\FM\27MYR1.SGM 27MYR1 30010 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES and usability of intake cowls over time. UPS stated a cycle-based compliance time would provide all operators the ability to maximize utilization cycles on the affected intake cowls and defer the high costs of replacement. We disagree with the commenter’s request to provide a cycle-based compliance time because UPS did not provide any data to support a particular cycle-based compliance time. Boeing and Rolls-Royce provided risk analyses and recommended corrective action based on a prescribed calendar-based compliance time. At the time we developed the NPRM (77 FR 69242, October 19, 2012), Boeing and RollsRoyce stated there were no reliable data to support a risk analysis based on cycle and time usage, e.g., tracking (1) ownership of air intake cowls, (2) which airplane a particular engine air intake cowl had been installed on, (3) which engine a particular air intake cowl had been installed on, and (4) the cycle or time usage on a certain air intake cowl. Thus, Boeing and Rolls-Royce decided to manage the interim solution as a fleet risk, requiring replacements at a specific time based on the air intake cowl serial number. However, if any operator has complete data on its air intake cowl usage and substantiating data to justify a cycle-based compliance time, then that operator may apply for approval of an AMOC in accordance with the provisions of paragraph (l) of this AD. We have not changed this final rule in this regard. Requests for Extension of Compliance Time FedEx and US Airways requested we extend the proposed compliance time from 12 months to 24 months. Both suggested this revised compliance time be applied for the cowls having the oldest serial numbers (4001 through 4121). US Airways stated that the older cowls are likely to have had a recent shop visit in which damaged components have been detected and repaired. Both stated that neither the manufacturer nor overhaul vendors could provide kits or manpower to accomplish the tasks. We infer that the commenters are referring to paragraph (h)(1) of the NPRM (77 FR 69242, October 19, 2012). We disagree with the requests to extend the specified compliance time since Rolls-Royce and Bombardier have verified that adequate parts and repair facility capacity are available to support the compliance time of this final rule. Paragraph (l) of this AD provides operators the opportunity to request approval of an AMOC if data are VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 presented that prove an alternative compliance time will provide an acceptable level of safety. We have not changed this final rule in this regard. Request To Use Supplemental Type Certificate (STC) Completion Date as Initial Accomplishment of Forward Bulkhead Replacement AAL stated if the operator suspects the Bombardier Aerospace E4X STC was applied to the nose cowl, but the data plate does not reflect it, the operator should contact Bombardier to determine if that particular serial number nose cowl had the STC applied. AAL stated if the STC was done, then that date can be used as the initial accomplishment of the forward bulkhead replacement. We disagree with the request. We infer from AAL’s statement that AAL incorrectly assumes that Bombardier Aerospace STC ST02102NY (https:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/ $FILE/ST02102NY.pdf) specifies the replacement of the forward bulkhead assembly. Bombardier Aerospace STC ST02102NY specifies replacement of the metal intake barrel liner in the 535E4 Dyna-Rohr inlet series with a composite intake barrel liner; and also specifies the embodiment of new double thickness insulation blankets, additional intake barrel support brackets, a 50,000 series engine ring, lipskin main diffuser and joints, primary assembly inner rear angles and joints, and a bonding strap, among other associated changes. Bombardier Aerospace STC ST02102NY does not replace the forward bulkhead assembly of the air intake cowl. However, for operators having sufficient repair records for the replacement of a forward bulkhead assembly, paragraph (l) of this AD provides the opportunity to request approval of an AMOC if data are presented to show that the work accomplished is equivalent to the applicable replacement required by this final rule. We have not changed this final rule in this regard. Requests To Clarify Compliance Time on Previously Reworked Air Intake Cowls Rolls-Royce and Boeing requested the compliance time specified in paragraph (g) of the NPRM (77 FR 69242, October 19, 2012) be modified by removing the phrase ‘‘or within 12 months after the effective date of this AD, whichever is later’’ and replacing it with a different compliance time. Boeing stated that the risk assessment used to develop the compliance times did not account for any previous air PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 intake cowl replacement and assumed all air intake cowls would be replaced by a phased compliance time. Rolls-Royce stated that air intake cowls that previously had parts replaced with the applicable kits would only need to be replaced again within 144 months since the last replacement, or according to the phased compliance times specified in paragraph (h) of the NPRM (77 FR 69242, October 19, 2012), whichever is later. Rolls-Royce stated the compliance times specified in paragraph (g) of the NPRM would penalize the operators that had previously performed the required actions. We agree with the commenters’ requests to revise the specified compliance time. Operators that had previously replaced air intake cowl parts should not be penalized by having to comply with this AD sooner than operators that had not done any replacement. For consistency with the compliance time recommended by the manufacturer, we have removed the phrase ‘‘or within 12 months after the effective date of this AD, whichever is later’’ in paragraph (g) of this final rule and replaced it with the phrase ‘‘or according to the applicable time specified in paragraphs (h)(1) through (h)(12) of this AD, whichever is later.’’ Requests To Allow Repairs Using Original Equipment Manufacturer (OEM) Data AAL and FedEx requested the NPRM (77 FR 69242, October 19, 2012) contain a statement about future repairs allowing operators the ability to do structural repairs of the forward bulkhead using OEM/owner/operator manuals and specifications using OEM/ owner/operator manufactured replacement parts in the event of a premature forward bulkhead failure. Clarification is needed regarding allowing operators to do future structural repairs of the forward bulkhead. We infer from the comments that the commenters are requesting to perform bulkhead repairs without the need to apply for approval of AMOCs to do those repairs. After accomplishing the actions required by this AD, future maintenance and/or preventive maintenance under 14 CFR part 43 is permitted provided the maintenance does not result in changing the ADmandated configuration (reference 14 CFR 39.7). For repairs that do change the ADmandated configuration, paragraph (l)(3) of this AD allows repair methods to be approved by Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations authorized by the Manager, Seattle Aircraft Certification Office (ACO), to make those findings. We have not changed this AD in this regard. emcdonald on DSK67QTVN1PROD with RULES Requests for Correction of Typographical Error Boeing, FedEx, AAL, and US Airways requested we correct ‘‘535EX’’ cowls to ‘‘535E4X’’ cowls for referring to air intake cowls that have been modified using Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/ $FILE/ST02102NY.pdf) in paragraphs (g), (h), and (i) of the NPRM (77 FR 69242, October 19, 2012). FedEx stated this typo also exists in the Relevant Service Information section of the preamble of the NPRM. We agree. We have changed paragraphs (g), (g)(1), and (h) of this final rule to refer to ‘‘535E4X’’ cowls. In addition, we removed the introductory phrase that appeared in paragraph (i) of the NPRM (77 FR 69242, October 19, 2012), which included the incorrect cowl reference. However, because the Relevant Service Information section is not restated in the preamble of this final rule, we have not made any change to the preamble of this final rule in that regard. Requests for a Way To Clearly Identify Air Intake Cowls AAL and FedEx requested a clear means of identifying E4X air intake cowls on which Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/ $FILE/ST02102NY.pdf) has been applied to the air intake cowl. AAL and FedEx stated, in two cases where Bombardier Aerospace STC ST02102NY was applied to AAL’s air intake cowl, the data plate should have been labeled ‘‘CSRSCH1001,’’ but it was not. AAL stated that, if the data plate does not reflect it, the operator should contact Bombardier to determine if a particular serial number nose cowl had the STC applied. We infer from AAL’s and FedEx’s statements that, if air intake cowls modified by Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/ $FILE/ST02102NY.pdf) are not clearly identified, an operator could inadvertently use the wrong service bulletin. If the data plate does not clearly identify the air intake cowl as an VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 E4X cowl, an operator must determine the correct identification through the airplane’s records. We agree with AAL’s comment that contacting the holder of the STC might be an appropriate means to determine if the air intake cowl is one that had the STC applied. No change has been made to this final rule in this regard. Request To Allow Use of Undrilled Parts AAL requested that the referenced service information be revised to allow the use of undrilled parts in place of certain drilled parts. AAL noted that Bombardier has delivered kits that included the correct part with no pilot holes. We do not agree to delay issuance of this final rule until revised service information can be approved and released. However, we agree with the commenter’s request to allow use of undrilled parts. After our discussion with the manufacturers, we have determined the following parts are acceptable for use: undrilled attachment angles and attachment angle joints having a part number with a suffix ‘U’; undrilled attachment angles, attachment angle joints, diaphragm segments and reinforcing plate that have a trim allowance left, having a part number with a suffix ‘S’; and rib stiffeners, with pilot holes and trim allowance left, that have a part number with a suffix ‘S.’ These separate/loose kit parts used for accomplishment of this final rule must be undrilled or with just the pilot holes present prior to modification. While accomplishing the repair, the final size holes must be drilled and, where applicable, the parts must be trimmed with reference to the removed parts or to the retained existing structure. We have added a new paragraph (k) to this final rule to allow the use of certain undrilled parts, undrilled parts with trim allowance remaining, or parts with pilot holes and trim allowance remaining that are supplied as separate/ loose kit parts, and that have a part number with an ‘S’ or ‘U’ suffix in place of the plain part number specified in Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014. We have redesignated subsequent paragraphs accordingly. Requests for Removing Non-Existent Engine Reference Boeing and Rolls-Royce requested we remove the reference to ‘‘–535E4X’’ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 30011 engines from paragraph (c) of the NPRM (77 FR 69242, October 19, 2012). We agree with the commenters’ request. There are no engines with a –535E4X designation. Therefore, we have removed the reference to –535E4X engines from paragraph (c) of this final rule. Request To Reference Air Intake Cowl Part Numbers and Serial Numbers Boeing requested we revise the NPRM (77 FR 69242, October 19, 2012) to reference the inlet cowl part number and serial number series instead of the Dyna-Rohr standard and the Bombardier standard when referring to the different inlet configurations in paragraphs (g)(2) and (g)(3) of the NPRM. Boeing stated this provides positive identification of the inlet configurations. We disagree with the request. Proper identification of part and serial numbers will avoid confusion for compliance with this final rule. However, inserting all the specific part and serial numbers in this final rule would duplicate required information that is already contained in the referenced service information. No change has been made to this final rule in this regard. Request To Revise Certain Terminology US Airways requested we change the word ‘‘replace’’ to the word ‘‘repair’’ in the identification of affected airplanes in paragraph (g) of the NPRM (77 FR 69242, October 19, 2012). Also, US Airways requested we change the terms ‘‘replacement of the air intake cowl,’’ ‘‘replacement,’’ and ‘‘replace,’’ in multiple locations of the NPRM to ‘‘accomplishment of the applicable service bulletin on the inlet cowl.’’ US Airways stated that the word ‘‘repair’’ is a more accurate description of the action taken on the inlet cowl to incorporate the referenced service information. US Airways stated that clarifying the wording would aid operators in tracking accomplishment of the NPRM (77 FR 69242, October 19, 2012), and added that the wording change would prevent confusion between requiring the replacement of the forward bulkhead parts versus replacement of the inlet cowl itself. We partially agree. We disagree with changing the term ‘‘replaced’’ to ‘‘repaired’’ because that change in terminology is inaccurate. We agree that this final rule should be modified because accomplishment of the applicable service information on an air intake cowl addresses the unsafe condition. We, therefore, have revised paragraphs (g) and (h) of this final rule by adding the words, ‘‘replace the air intake cowl with a cowl which has had E:\FR\FM\27MYR1.SGM 27MYR1 30012 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations the forward bulkhead assembly, TAI spray ring assembly, and associated attachment fittings of the air intake cowl replaced using a kit or new parts,’’ to provide a more accurate description of what is required. emcdonald on DSK67QTVN1PROD with RULES Request for Credit Using Unpublished Service Information UAL requested credit for work for previous inspections and repairs on affected cowls using Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG242 (no revision or date given). UAL stated this service information recommends an extension of 72 months for the initial repetitive replacement. UAL stated that over fifty percent of its inlets have been repaired or overhauled, and most air intake cowl inlets have had the bulkhead inspected and cracks repaired by replacement of individual structural parts. We disagree. The only applicable and allowable service information for Model 757 airplanes with Rolls-Royce engines is Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698. Rolls-Royce has informed us that RollsRoyce Alert Non-Modification Service Bulletin RB.211–71–AG242 was never officially published. We have not reviewed that service information to determine whether it is equivalent to Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698. Thus, we cannot provide credit for work that was accomplished using RollsRoyce Alert Non-Modification Service Bulletin RB.211–71–AG242. For operators having sufficient repair records for the bulkhead assembly of an air intake cowl, paragraph (l) of this AD provides the opportunity to request approval of an AMOC if data are presented that show that previous work accomplished was equivalent to the work specified by Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698. We have not changed this final rule in this regard. Request for Credit Through Extension of Compliance Time FedEx requested credit for any previous inspections or repairs by being allowed an extension of the compliance time proposed in the NPRM (77 FR 69242, October 19, 2012). FedEx stated that all of its inlet cowls had been inspected and any damage to inlet cowl bulkheads had been repaired during regular maintenance intervals. We disagree with the commenter’s request because we do not know if previous repairs or inspections are equivalent to the requirements specified by this final rule. For operators having sufficient repair records for the VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 bulkhead assembly of an air intake cowl, paragraph (l) of this AD provides the opportunity to request approval of an AMOC if data are presented that show that previous work accomplished is equivalent to the work specified in Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698. We have not changed this final rule in this regard. Request To Revise Service Bulletin Citation Rolls-Royce requested we revise the NPRM (77 FR 69242, October 19, 2012) to refer to the Rolls-Royce RB.211–71– AG698 publication as ‘‘Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698.’’ We agree with the commenter’s request because the service information includes the words ‘‘Alert NonModification’’ in the title. We have revised the title of the Rolls-Royce service information throughout this final rule accordingly. We have also changed the reference to the Bombardier RB211–E4–A1003 publication to ‘‘Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003,’’ in a similar manner, throughout this final rule. Requests To Allow the Use of Later Revisions of Service Information FedEx and AAL requested that the NPRM (77 FR 69242, October 19, 2012) contain a general statement allowing the use of subsequent FAA-approved revisions of the service information as acceptable methods of compliance for the NPRM. We disagree with the commenters’ request. Allowing the use of later revisions of service documents in an AD is not allowed by the Office of the Federal Register regulations for approving materials incorporated by reference. Affected operators may, however, request approval to use a later revision of referenced service information as an AMOC in accordance with the procedures specified in paragraph (l) of this final rule. We have not changed this final rule in this regard. Requests To Resolve Issues Relating to Warranty Coverage and Published Cost Data AAL and FedEx requested that warranty considerations be included in the Costs of Compliance of the NPRM (77 FR 69242, October 19, 2012) to remove the economic burden of the NPRM on the operators. AAL, UAL, and FedEx stated that the bulkhead is a flawed design. UAL stated that to replace the flawed bulkhead every 144 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 months with a bulkhead of the same flawed design is expensive and does not solve the inherent design problem. FedEx and AAL noted that the cost of parts kits purchased from Bombardier is unreasonably high, and that Bombardier charges higher costs for kits if an operator does not use Bombardier’s services and facilities to perform the work. FedEx added that the NPRM (77 FR 69242, October 19, 2012) addresses a safety issue and that parts costs should not be governed by business tactics or profits. We find that no change to the final rule is necessary in this regard. Warranties are not regulated by the FAA. We use manufacturer-quoted parts costs provided in referenced service information in our calculation of the Costs of Compliance. We are not aware of any warranty remedies for the actions required by this final rule. Statement Regarding the Installation of Winglets Aviation Partners Boeing (APB) stated that accomplishing the supplemental type certificate STC ST01518SE (https:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/ 48e13cdfbbc32cf4862576a4005d308b/ $FILE/ST01518SE.pdf) does not affect the actions specified in the NPRM (77 FR 64242, October 19, 2012). We concur with the commenter. We have redesignated paragraph (c) of the NPRM as (c)(1) and added new paragraph (c)(2) to this final rule to state that the designation of (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 final rule. 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. Explanation of Change Made to This Final Rule We have changed paragraph (i) of this final rule to allow credit for actions done before the effective date of this AD using Rolls-Royce Alert NonModification Service Bulletin RB.211– 71–AG698, dated October 14, 2011; and Revision 1, dated September 28, 2012. Since we issued the NPRM (77 FR 69242, October 19, 2012), we have received updated service information from Bombardier. Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014, corrects part number E:\FR\FM\27MYR1.SGM 27MYR1 30013 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations errors contained in previous service information. We also revised paragraph (i) of this AD to allow credit for actions done previously using Bombardier Alert NonModification Service Bulletin RB211– E4–A1003, dated June 27, 2012; Revision 1, dated August 15, 2012; and Revision 2, dated December 5, 2012, provided that where this service information specifies part number LJ35479, quantity of two, part numbers LJ50537 and LJ50538, quantity of one each, be used. Also, where this service information specifies part number LJ35482, use part number LJ50535, and where this service information specifies part number LJ35483, use part number LJ50536. 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 64242, October 19, 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 64242, October 19, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Interim Action We consider this AD interim action due to on-going investigation into the nature, cause, and extent of the cracking. If final action is later identified, based on the results of the investigation, we might consider further rulemaking then. Costs of Compliance We estimate that this AD affects 332 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Cost per product Action Labor cost Parts cost Replace left-side air intake cowl components. Replace right-side air intake cowl components. Up to 252 work-hours × $85 per hour = $21,420 per replacement. Up to 252 work-hours × $85 per hour = $21,420 per replacement. Up to $158,760 ..... 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. emcdonald on DSK67QTVN1PROD with RULES Regulatory Findings 17:52 May 23, 2014 (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 1. The authority citation for part 39 continues to read as follows: ■ 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: VerDate Mar<15>2010 Up to $158,760 ..... Jkt 232001 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] Up to per Up to per $180,180 replacement. $180,180 replacement. Cost on U.S. operators Up to $59,819,760. Up to $59,819,760. (a) Effective Date This AD is effective July 1, 2014. (b) Affected ADs None. (c) Applicability (1) This AD applies to The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes, certificated in any category, equipped with Rolls-Royce RB211– 535E4, –535E4–B, and –535E4–C engines; or with Rolls-Royce RB211–535E4, –535E4–B, and –535E4–C engines that have air intake cowls that were modified by Bombardier Aerospace Supplemental Type Certificate (STC) ST02102NY (https://rgl.faa.gov/ Regulatory_and_Guidance_Library/rgstc.nsf/ 0/256325188c3b1f2f8625705f004dd977/ $FILE/ST02102NY.pdf), commonly known as 535E4X cowls. (2) Installation of supplemental type certificate (STC) ST01518SE (https:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/ 48e13cdfbbc32cf4862576a4005d308b/$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. 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): (d) Subject Air Transport Association (ATA) of America Code 71, Powerplant. 2014–09–07 The Boeing Company: Amendment 39–17842; Docket No. FAA–2012–1103; Directorate Identifier 2012–NM–131–AD. (e) Unsafe Condition This AD was prompted by reports of cracking of the forward bulkhead web, web stiffeners, attachment angles, and thermal ■ PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1 30014 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations anti-ice (TAI) spray ring assemblies of the engine air intake cowl. We are issuing this AD to prevent the failure of air intake cowl components due to cracking, which could result in the air intake cowl separating from the engine and striking critical airplane control surfaces that could result in a loss of airplane control; severe engine damage, and loss of thrust; or large parts striking a person or property on the ground. (f) Compliance Comply with this AD within the compliance times specified, unless already done. emcdonald on DSK67QTVN1PROD with RULES (g) Replacement of Air Intake Cowl Forward Bulkhead Assemblies Previously Disassembled For airplanes on which the air intake cowls were replaced before the effective date of this AD using a kit or parts identified in paragraph (g)(1), (g)(2), or (g)(3) of this AD: Within 144 months since replacement of the air intake cowl, or according to the applicable time specified in paragraphs (h)(1) through (h)(l2) of this AD, whichever is later, replace the air intake cowl with a cowl which has had the forward bulkhead assembly, TAI spray ring assembly, and associated attachment fittings of the air intake cowl replaced using a kit or new parts, in accordance with the Accomplishment Instructions of Bombardier Alert NonModification Service Bulletin RB211–E4– A1003, Revision 3, dated February 4, 2014 (for engines with air intake cowls modified by Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/Regulatory_and_ Guidance_Library/rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/$FILE/ ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce Alert NonModification Service Bulletin RB.211–71– AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013 (for engines having Dyna-Rohr or Bombardier standard air intake cowls). Repeat the replacement thereafter at intervals not to exceed 144 months. (1) RB211–E4A1003KIT, or all the parts listed in Appendix 3 of Bombardier Alert Non-Modification Service Bulletin RB211– E4–A1003, Revision 3, dated February 4, 2014 (for engines with air intake cowls modified by Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/Regulatory_ and_Guidance_Library/rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/$FILE/ ST02102NY.pdf, commonly known as a 535E4X cowls). (2) RB211–71–AG698–E4KIT, or all the parts listed in Appendix 3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, Revision 2, dated June 20, 2013 (for engines with Dyna-Rohr standard air intake cowls). (3) RB211–71–AG698–E4BKIT, or all the parts listed in Appendix 4 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, Revision 2, dated June 20, 2013 (for engines with Bombardier standard air intake cowls). VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 (h) Replacement of In-Service Air Intake Cowl Complete Forward Bulkhead Assemblies For airplanes other than those identified in paragraph (g) of this AD: At the applicable time specified in paragraphs (h)(1) through (h)(12) of this AD, replace the air intake cowl with a cowl which has had the forward bulkhead assembly, TAI spray ring assembly, and associated attachment fittings of the air intake cowl replaced using a kit or new parts, in accordance with the Accomplishment Instructions of Bombardier Alert NonModification Service Bulletin RB211–E4– A1003, Revision 3, dated February 4, 2014 (for engines with air intake cowls modified by Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/Regulatory_and_ Guidance_Library/rgstc.nsf/0/ 256325188c3b1f2f8625705f004dd977/$FILE/ ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce Alert NonModification Service Bulletin RB.211–71– AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013 (for engines with Dyna-Rohr or Bombardier standard air intake cowls). Repeat the replacement thereafter at intervals not to exceed 144 months. (1) For airplanes with air intake cowls having serial numbers 4001 through 4121 inclusive: Replace within 12 months after the effective date of this AD. (2) For airplanes with air intake cowls having serial numbers 4122 through 4241 inclusive: Replace within 24 months after the effective date of this AD. (3) For airplanes with air intake cowls having serial numbers 4242 through 4361 inclusive: Replace within 36 months after the effective date of this AD. (4) For airplanes with air intake cowls having serial numbers 4362 through 4481 inclusive: Replace within 48 months after the effective date of this AD. (5) For airplanes with air intake cowls having serial numbers 4482 through 4484 inclusive: Replace within 60 months after the effective date of this AD. (6) For airplanes with air intake cowls having serial numbers 9001 through 9117 inclusive: Replace within 60 months after the effective date of this AD. (7) For airplanes with air intake cowls having serial numbers 9118 through 9237 inclusive: Replace within 72 months after the effective date of this AD. (8) For airplanes with air intake cowls having serial numbers 9238 through 9357 inclusive: Replace within 84 months after the effective date of this AD. (9) For airplanes with air intake cowls having serial numbers 9358 through 9477 inclusive: Replace within 96 months after the effective date of this AD. (10) For airplanes with air intake cowls having serial numbers 9478 through 9597 inclusive: Replace within 108 months after the effective date of this AD. (11) For airplanes with air intake cowls having serial numbers 9598 through 9717 inclusive: Replace within 120 months after the effective date of this AD. (12) For airplanes with air intake cowls having serial numbers 9718 through 9786 inclusive: Replace within 132 months after the effective date of this AD. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 (i) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using the applicable service information specified in paragraphs (i)(1)(i) through (i)(1)(v) of this AD, which are not incorporated by reference in this AD. (i) Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, dated October 14, 2011. (ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, Revision 1, dated September 28, 2012. (iii) Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, dated June 27, 2012, except as required by paragraph (i)(2) of this AD. (iv) Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 1, dated August 15, 2012, except as required by paragraph (i)(2) of this AD. (v) Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 2, dated December 5, 2012, except as required by paragraph (i)(2) of this AD. (2) Where Bombardier Alert NonModification Service Bulletin RB211–E4– A1003, dated June 27, 2012; Revision 1, dated, August 15, 2012; or Revision 2, dated December 5, 2012; specifies part number LJ35479, quantity of two, use part numbers LJ50537 and LJ50538, quantity of one each. Where Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, dated June 27, 2012; Revision 1, dated, August 15, 2012; or Revision 2, dated December 5, 2012; specifies part number LJ35482, use part number LJ50535; and where the service information specifies part number LJ35483, use part number LJ50536. (j) No Reporting Requirement Although Bombardier Alert NonModification Service Bulletin RB211–E4– A1003, Revision 3, dated February 4, 2014; and Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; specify to submit certain information to the manufacturer, this AD does not include that requirement. (k) Exception to Service Information Regarding Use of Parts Where Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert NonModification Service Bulletin RB211–E4– A1003, Revision 3, dated February 4, 2014; specify part numbers that lack a suffix, this AD allows the use of parts specified in paragraphs (k)(1) through (k)(3) of this AD, but does not allow use of pre-drilled parts when they are sold or delivered as separate parts and are not part of a forward bulkhead assembly kit. The parts used for accomplishment of this AD must be undrilled, or must only have pilot holes present prior to the repair accomplishment. While accomplishing the repair, the final size holes must be drilled and, where applicable, E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations the parts must be trimmed with reference to the removed parts or to the retained existing structure, in accordance with the Accomplishment Instructions of Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014. (1) Undrilled attachment angles and attachment angle joints having a part number with a suffix ‘U.’ (2) Undrilled attachment angles, attachment angle joints, diaphragm segments and reinforcing plate that have a trim allowance left, having a part number with a suffix ‘S.’ (3) Rib stiffeners, with pilot holes and trim allowance left, having a part number with a suffix ‘S.’ (l) 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 paragraph (m)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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. emcdonald on DSK67QTVN1PROD with RULES (m) Related Information (1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: (425) 917–6501; fax: (425) 917–6590; email: kevin.nguyen@faa.gov. (2) Service information identified in this AD that is not incorporated by reference may be obtained at the addresses specified in paragraphs (n)(3), (n)(4), and (n)(5) of this AD. (n) 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. VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 (i) Bombardier Alert Non-Modification Service Bulletin RB211–E4–A1003, Revision 3, dated February 4, 2014. (ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211–71–AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013. (The revision level of this document is identified in the transmittal pages only.) (3) For Rolls-Royce service information identified in this AD, contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; telephone 011 44 1332 242424; fax 011 44 1332 249936; email https://www.rollsroyce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com. (4) For Bombardier service information identified in this AD, contact Short Brothers, Airworthiness, P.O. Box 241, Airport Road, Belfast, BT3 9DZ, Northern Ireland; telephone +44(0)2890–462469; fax +44(0)2890–468444; Internet https://www. bombardier.com. (5) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (6) 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 April 18, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–09835 Filed 5–23–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0306; Directorate Identifier 2013–SW–046–AD; Amendment 39–17850; AD 2014–10–03] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters (Type Certificate Previously Held By Eurocopter France) Helicopters Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model AS332L1 and Model EC225LP helicopters. This AD requires relocating the power supply SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 30015 circuit breaker source of one engine’s multi-purpose air intake (MPAI). This AD is prompted by a report that power loss to the MPAI could open the engine air intakes, which could result in engine ice ingestion during flight in icing conditions. These actions are intended to prevent ice ingestion by both engines, which could result in complete loss of engine thrust, and possible loss of control of the helicopter. DATES: This AD becomes effective June 11, 2014. The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of June 11, 2014. We must receive comments on this AD by July 28, 2014. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. • Hand Delivery: Deliver to the ‘‘Mail’’ address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated by reference service information, any comments received, and other information. The street address for the Docket Operations Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. For service information identified in this AD, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641– 0000 or (800) 232–0323; fax (972) 641– 3775; or at https:// www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30008-30015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09835]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1103; Directorate Identifier 2012-NM-131-AD; 
Amendment 39-17842; AD 2014-09-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 757-200, -200PF, -200CB, and -300 series 
airplanes. This AD was prompted by reports of cracking of the forward 
bulkhead web, web stiffeners, attachment angles, and thermal anti-ice 
(TAI) spray ring assemblies of the engine air intake cowl. This AD 
requires replacing the forward bulkhead assembly, TAI spray ring 
assembly, and attachment fittings of the air intake cowl. We are 
issuing this AD to prevent the failure of air intake cowl components 
due to cracking, which could result in the air intake cowl separating 
from the engine and striking critical airplane control surfaces that 
could result in a loss of airplane control; severe engine damage and 
loss of thrust; or large parts striking a person or property on the 
ground.

DATES: This AD is effective July 1, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 1, 2014.

ADDRESSES: For Rolls-Royce service information identified in this AD, 
contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; 
telephone 011 44 1332 242424; fax 011 44 1332 249936; email https://www.rolls-royce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com. For Bombardier service information identified in 
this AD, contact Short Brothers PLC, Airworthiness, P.O. Box 241, 
Airport Road, Belfast, BT3 9DZ Northern Ireland; telephone +44(0)2890-
462469; fax +44(0)2890-468444; Internet https://www.bombardier.com. You 
may view this 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 by searching for and locating Docket No. FAA-2012-
1103; 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 Docket 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: Kevin Nguyen, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6501; fax: (425) 917-6590; email: kevin.nguyen@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 757-200, -200PF, -200CB, and -300 series airplanes. The NPRM 
published in the Federal Register on October 19, 2012 (77 FR 64242). 
The NPRM was prompted by reports of cracking of the forward bulkhead 
web, web stiffeners, attachment angles, and thermal anti-ice (TAI) 
spray ring assemblies of the engine air intake cowl. The NPRM proposed 
to require replacing the forward bulkhead assembly, TAI spray ring 
assembly, and attachment fittings of the air intake cowl. We are 
issuing this AD to prevent the failure of air intake cowl components 
due to cracking, which could result in the air intake cowl separating 
from the engine and striking critical airplane control surfaces that 
could result in a loss of airplane control; severe engine damage and 
loss of thrust; or large parts striking a person or property on the 
ground.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 64242, October 19, 2012) and the FAA's response to each comment.

Requests To Delay Final Rule Pending Modification as Terminating Action

    FedEx, American Airlines (AAL), and United Airlines (UAL) requested 
that we delay issuance of this final rule until the manufacturer can 
release service information that contains instructions for a 
modification as terminating action for the repetitive replacements 
proposed in the NPRM (77 FR 69242, October 19, 2012). In lieu of that, 
FedEx and AAL requested we include a modification as terminating 
action. FedEx and AAL stated that it would be more beneficial to 
accomplish the terminating modification rather than doing the interim 
replacements of the air intake cowl bulkhead assemblies or parts. UAL 
noted that airlines are working with Boeing to obtain improvements to 
the current design, which includes a three-part solution to most 
structural design deficiencies.
    FedEx explained that Rolls-Royce was scheduled to release service 
information including a terminating modification for the repetitive 
replacements during the first quarter of 2013. UAL stated repetitive 
replacement of the forward bulkhead is expensive and does not solve the 
inherent design problem.
    We partially agree. We agree that a terminating modification, if 
available, should be included as part of this final rule, because 
eliminating the in-service safety issue is a preferred choice over 
repetitive replacement of assemblies or parts.
    However, we disagree with delaying issuance of this final rule 
until service information containing procedures for a terminating 
modification becomes available. We have not received an exact date for 
release of the planned Rolls-Royce service information. We have 
determined that to delay this final rule would be inappropriate, since 
we have determined that such a delay would not adequately address the 
unsafe condition in a timely manner and that replacing the forward 
bulkhead assembly components must be done to ensure continued safety. 
When the terminating modification becomes available, we might consider 
additional rulemaking. Operators may apply for approval of an 
alternative method of compliance (AMOC) for these actions in accordance 
with the provisions of paragraph (l) of

[[Page 30009]]

this AD. We have not changed this final rule in this regard.

Request To Reference Latest Service Information and Allow Credit

    Rolls-Royce Group PLC (Rolls-Royce) requested that we refer to the 
latest service information: Rolls-Royce Alert Non-Modification Service 
Bulletin RB.211-71-AG698, Revision 1, dated September 28, 2012, which 
was issued to correct minor typographical errors. Rolls-Royce also 
requested that we allow credit for actions done previously using Rolls-
Royce Alert Non-Modification Service Bulletin RB.211-71-AG698, dated 
October 14, 2011.
    We agree to reference the latest service information and to allow 
credit for using certain previous revisions. We have updated paragraphs 
(g) and (h) of this final rule to reference Rolls-Royce Alert Non-
Modification Service Bulletin RB.211-71-AG698, excluding Appendix 1 and 
including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013, 
which corrects a certain air intake cowl serial number; and to 
reference Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014, which corrects certain part 
numbers. We also have revised paragraph (i) of this final rule to allow 
credit for certain actions done before the effective date of this AD 
using Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, dated October 14, 2011; or Revision 1, dated September 28, 2012. 
We also have revised paragraph (i) of this final rule to allow credit 
for certain actions done before the effective date of this AD using 
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003, 
Revision 1, dated August 15, 2012; and Revision 2, dated December 5, 
2012.

Requests To Delay Final Rule Until Service Information is Corrected

    FedEx requested that this final rule be delayed until a part number 
in certain service information is corrected. FedEx stated that Appendix 
3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, dated October 14, 2011, called out part number LJ35477 for both 
``Angle ATT FWD Outer'' and ``Angle Attachment FWD Outer.'' However, 
the correct part number for the latter part is LJ35478.
    We do not agree to delay issuance of this final rule. However, we 
note that the part number error has already been corrected in Appendix 
3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 1, dated September 28, 2012; and Revision 2, dated June 
20, 2013. We have updated paragraphs (g), (h), (j), and (k) of this 
final rule to reference Rolls-Royce Alert Non-Modification Service 
Bulletin RB.211-71-AG698, excluding Appendix 1 and including Appendices 
2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-
Modification Service Bulletin RB211-E4-A1003, Revision 3, dated 
February 4, 2014; as the appropriate sources of service information for 
removing and replacing, with new parts, the forward bulkhead assembly, 
TAI spray ring assembly, and attachment fittings of the air intake 
cowl. Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014, also includes corrected part 
number information: Part number LJ35479, with quantity two, was 
corrected to LJ50537 and LJ50538, with one quantity each; part number 
LJ35482 was corrected to LJ50535; and part number LJ35483 was corrected 
to LJ50536.
    AAL and FedEx requested that certain service information be updated 
to allow the use of alternative rivets (fasteners) in place of obsolete 
``MS20426DD'' fasteners. The commenters stated that service information 
should include suitable alternatives; however, the commenters did not 
propose suitable alternative fastener information.
    We have confirmed with the parts manufacturer that the subject 
rivets (fasteners) are not obsolete, as indicated by the commenters. In 
addition, while we agree that it would be beneficial if the service 
information were to include acceptable alternative fastener 
information, in light of the urgency of the identified unsafe 
condition, we do not find it appropriate to delay this final rule to 
wait for additional revised service information. We included paragraph 
(l) in this final rule to provide operators a means to request approval 
of the use of an alternative fastener if sufficient data are presented 
that demonstrate the rivet (fastener) is a suitable alternative. We 
have not changed this final rule in this regard.

Request To Issue Component AD Instead of Airplane AD

    FedEx requested that the applicability in paragraph (c) of the NPRM 
(77 FR 69242, October 19, 2012) be revised to reference component part 
numbers and serial numbers, rather than specific airplanes. FedEx 
stated that the NPRM should apply to components rather than airplanes 
because the applicability of the NPRM, as written, will create 
confusion and will inhibit operator AD tracking capabilities.
    We disagree with the commenter's request. According to FAA policy, 
if an unsafe condition results from the installation of a particular 
component in only one particular make and model of airplane, the AD 
would apply to the airplane model, not the component. The reason for 
this is simple: If the AD applies to the airplane model equipped with 
the item, operators of those airplanes will be notified directly of the 
unsafe condition and the action required to correct it. While we assume 
that operators can identify the airplane models they operate, they may 
not be aware of specific items installed on the airplanes. Therefore, 
specifying the airplane models in the applicability as the subject of 
the AD prevents an operator's ``unknowing failure to comply'' with the 
AD. In this case, the air intake cowls of the affected design with the 
identified unsafe condition are known to be confined to Model 757 
airplanes; therefore, it is appropriate for the FAA to issue an 
airplane AD, not a component AD. We have not changed this final rule in 
this regard.

Request To Clarify Applicability Regarding Pratt & Whitney Engines

    US Airways requested the NPRM (77 FR 69242, October 19, 2012) be 
revised to clarify actions for airplanes equipped with Pratt & Whitney 
engines.
    We clarify that the applicability statement in paragraph (c) of 
this final rule only identifies Boeing Model 757-200, -200PF, -200CB, 
and -300 series airplanes equipped with certain Rolls-Royce engines. 
This final rule does not apply to airplanes equipped with Pratt & 
Whitney engines. No change has been made to this final rule in this 
regard.

Request To Revise a Calendar-Based to a Cycle-Based Compliance Time

    UPS requested that the compliance times in the NPRM (77 FR 69242, 
October 19, 2012) be revised from calendar-based to cycle-based time 
for the replacement requirement. UPS noted that the NPRM requires 
replacement of forward bulkhead assemblies of air intake cowls at 
calendar date intervals based solely on the date of manufacture. UPS 
stated this requirement imposes unnecessary hardship and higher costs 
to low-utilization operators. UPS stated that since the issue is one of 
metal fatigue, a high-utilization operator will subject the same 
components to multiple times the fatigue exposures as a low-utilization 
operator over the same period.
    UPS also stated that spare intake cowls that have never been in 
service--and therefore have not seen metal fatigue--are subject to the 
same calendar-based replacement intervals, and that this severely 
degrades the value

[[Page 30010]]

and usability of intake cowls over time. UPS stated a cycle-based 
compliance time would provide all operators the ability to maximize 
utilization cycles on the affected intake cowls and defer the high 
costs of replacement.
    We disagree with the commenter's request to provide a cycle-based 
compliance time because UPS did not provide any data to support a 
particular cycle-based compliance time. Boeing and Rolls-Royce provided 
risk analyses and recommended corrective action based on a prescribed 
calendar-based compliance time. At the time we developed the NPRM (77 
FR 69242, October 19, 2012), Boeing and Rolls-Royce stated there were 
no reliable data to support a risk analysis based on cycle and time 
usage, e.g., tracking (1) ownership of air intake cowls, (2) which 
airplane a particular engine air intake cowl had been installed on, (3) 
which engine a particular air intake cowl had been installed on, and 
(4) the cycle or time usage on a certain air intake cowl. Thus, Boeing 
and Rolls-Royce decided to manage the interim solution as a fleet risk, 
requiring replacements at a specific time based on the air intake cowl 
serial number.
    However, if any operator has complete data on its air intake cowl 
usage and substantiating data to justify a cycle-based compliance time, 
then that operator may apply for approval of an AMOC in accordance with 
the provisions of paragraph (l) of this AD. We have not changed this 
final rule in this regard.

Requests for Extension of Compliance Time

    FedEx and US Airways requested we extend the proposed compliance 
time from 12 months to 24 months. Both suggested this revised 
compliance time be applied for the cowls having the oldest serial 
numbers (4001 through 4121). US Airways stated that the older cowls are 
likely to have had a recent shop visit in which damaged components have 
been detected and repaired. Both stated that neither the manufacturer 
nor overhaul vendors could provide kits or manpower to accomplish the 
tasks.
    We infer that the commenters are referring to paragraph (h)(1) of 
the NPRM (77 FR 69242, October 19, 2012). We disagree with the requests 
to extend the specified compliance time since Rolls-Royce and 
Bombardier have verified that adequate parts and repair facility 
capacity are available to support the compliance time of this final 
rule. Paragraph (l) of this AD provides operators the opportunity to 
request approval of an AMOC if data are presented that prove an 
alternative compliance time will provide an acceptable level of safety. 
We have not changed this final rule in this regard.

Request To Use Supplemental Type Certificate (STC) Completion Date as 
Initial Accomplishment of Forward Bulkhead Replacement

    AAL stated if the operator suspects the Bombardier Aerospace E4X 
STC was applied to the nose cowl, but the data plate does not reflect 
it, the operator should contact Bombardier to determine if that 
particular serial number nose cowl had the STC applied. AAL stated if 
the STC was done, then that date can be used as the initial 
accomplishment of the forward bulkhead replacement.
    We disagree with the request. We infer from AAL's statement that 
AAL incorrectly assumes that Bombardier Aerospace STC ST02102NY (http:/
/rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) specifies the 
replacement of the forward bulkhead assembly. Bombardier Aerospace STC 
ST02102NY specifies replacement of the metal intake barrel liner in the 
535E4 Dyna-Rohr inlet series with a composite intake barrel liner; and 
also specifies the embodiment of new double thickness insulation 
blankets, additional intake barrel support brackets, a 50,000 series 
engine ring, lipskin main diffuser and joints, primary assembly inner 
rear angles and joints, and a bonding strap, among other associated 
changes. Bombardier Aerospace STC ST02102NY does not replace the 
forward bulkhead assembly of the air intake cowl.
    However, for operators having sufficient repair records for the 
replacement of a forward bulkhead assembly, paragraph (l) of this AD 
provides the opportunity to request approval of an AMOC if data are 
presented to show that the work accomplished is equivalent to the 
applicable replacement required by this final rule. We have not changed 
this final rule in this regard.

Requests To Clarify Compliance Time on Previously Reworked Air Intake 
Cowls

    Rolls-Royce and Boeing requested the compliance time specified in 
paragraph (g) of the NPRM (77 FR 69242, October 19, 2012) be modified 
by removing the phrase ``or within 12 months after the effective date 
of this AD, whichever is later'' and replacing it with a different 
compliance time.
    Boeing stated that the risk assessment used to develop the 
compliance times did not account for any previous air intake cowl 
replacement and assumed all air intake cowls would be replaced by a 
phased compliance time.
    Rolls-Royce stated that air intake cowls that previously had parts 
replaced with the applicable kits would only need to be replaced again 
within 144 months since the last replacement, or according to the 
phased compliance times specified in paragraph (h) of the NPRM (77 FR 
69242, October 19, 2012), whichever is later. Rolls-Royce stated the 
compliance times specified in paragraph (g) of the NPRM would penalize 
the operators that had previously performed the required actions.
    We agree with the commenters' requests to revise the specified 
compliance time. Operators that had previously replaced air intake cowl 
parts should not be penalized by having to comply with this AD sooner 
than operators that had not done any replacement. For consistency with 
the compliance time recommended by the manufacturer, we have removed 
the phrase ``or within 12 months after the effective date of this AD, 
whichever is later'' in paragraph (g) of this final rule and replaced 
it with the phrase ``or according to the applicable time specified in 
paragraphs (h)(1) through (h)(12) of this AD, whichever is later.''

Requests To Allow Repairs Using Original Equipment Manufacturer (OEM) 
Data

    AAL and FedEx requested the NPRM (77 FR 69242, October 19, 2012) 
contain a statement about future repairs allowing operators the ability 
to do structural repairs of the forward bulkhead using OEM/owner/
operator manuals and specifications using OEM/owner/operator 
manufactured replacement parts in the event of a premature forward 
bulkhead failure.
    Clarification is needed regarding allowing operators to do future 
structural repairs of the forward bulkhead. We infer from the comments 
that the commenters are requesting to perform bulkhead repairs without 
the need to apply for approval of AMOCs to do those repairs. After 
accomplishing the actions required by this AD, future maintenance and/
or preventive maintenance under 14 CFR part 43 is permitted provided 
the maintenance does not result in changing the AD-mandated 
configuration (reference 14 CFR 39.7).
    For repairs that do change the AD-mandated configuration, paragraph 
(l)(3) of this AD allows repair methods to be approved by Boeing 
Commercial Airplanes Organization Designation Authorization (ODA) that 
has been

[[Page 30011]]

authorized by the Manager, Seattle Aircraft Certification Office (ACO), 
to make those findings. We have not changed this AD in this regard.

Requests for Correction of Typographical Error

    Boeing, FedEx, AAL, and US Airways requested we correct ``535EX'' 
cowls to ``535E4X'' cowls for referring to air intake cowls that have 
been modified using Bombardier Aerospace STC ST02102NY (https://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) in paragraphs 
(g), (h), and (i) of the NPRM (77 FR 69242, October 19, 2012). FedEx 
stated this typo also exists in the Relevant Service Information 
section of the preamble of the NPRM.
    We agree. We have changed paragraphs (g), (g)(1), and (h) of this 
final rule to refer to ``535E4X'' cowls. In addition, we removed the 
introductory phrase that appeared in paragraph (i) of the NPRM (77 FR 
69242, October 19, 2012), which included the incorrect cowl reference. 
However, because the Relevant Service Information section is not 
restated in the preamble of this final rule, we have not made any 
change to the preamble of this final rule in that regard.

Requests for a Way To Clearly Identify Air Intake Cowls

    AAL and FedEx requested a clear means of identifying E4X air intake 
cowls on which Bombardier Aerospace STC ST02102NY (https://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) has been applied 
to the air intake cowl. AAL and FedEx stated, in two cases where 
Bombardier Aerospace STC ST02102NY was applied to AAL's air intake 
cowl, the data plate should have been labeled ``CSRSCH1001,'' but it 
was not. AAL stated that, if the data plate does not reflect it, the 
operator should contact Bombardier to determine if a particular serial 
number nose cowl had the STC applied.
    We infer from AAL's and FedEx's statements that, if air intake 
cowls modified by Bombardier Aerospace STC ST02102NY (https://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) are not clearly 
identified, an operator could inadvertently use the wrong service 
bulletin. If the data plate does not clearly identify the air intake 
cowl as an E4X cowl, an operator must determine the correct 
identification through the airplane's records. We agree with AAL's 
comment that contacting the holder of the STC might be an appropriate 
means to determine if the air intake cowl is one that had the STC 
applied. No change has been made to this final rule in this regard.

Request To Allow Use of Undrilled Parts

    AAL requested that the referenced service information be revised to 
allow the use of undrilled parts in place of certain drilled parts. AAL 
noted that Bombardier has delivered kits that included the correct part 
with no pilot holes.
    We do not agree to delay issuance of this final rule until revised 
service information can be approved and released. However, we agree 
with the commenter's request to allow use of undrilled parts. After our 
discussion with the manufacturers, we have determined the following 
parts are acceptable for use: undrilled attachment angles and 
attachment angle joints having a part number with a suffix `U'; 
undrilled attachment angles, attachment angle joints, diaphragm 
segments and reinforcing plate that have a trim allowance left, having 
a part number with a suffix `S'; and rib stiffeners, with pilot holes 
and trim allowance left, that have a part number with a suffix `S.' 
These separate/loose kit parts used for accomplishment of this final 
rule must be undrilled or with just the pilot holes present prior to 
modification. While accomplishing the repair, the final size holes must 
be drilled and, where applicable, the parts must be trimmed with 
reference to the removed parts or to the retained existing structure.
    We have added a new paragraph (k) to this final rule to allow the 
use of certain undrilled parts, undrilled parts with trim allowance 
remaining, or parts with pilot holes and trim allowance remaining that 
are supplied as separate/loose kit parts, and that have a part number 
with an `S' or `U' suffix in place of the plain part number specified 
in Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG698, 
excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2, 
dated June 20, 2013; and Bombardier Alert Non-Modification Service 
Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014. We have 
redesignated subsequent paragraphs accordingly.

Requests for Removing Non-Existent Engine Reference

    Boeing and Rolls-Royce requested we remove the reference to ``-
535E4X'' engines from paragraph (c) of the NPRM (77 FR 69242, October 
19, 2012).
    We agree with the commenters' request. There are no engines with a 
-535E4X designation. Therefore, we have removed the reference to -
535E4X engines from paragraph (c) of this final rule.

Request To Reference Air Intake Cowl Part Numbers and Serial Numbers

    Boeing requested we revise the NPRM (77 FR 69242, October 19, 2012) 
to reference the inlet cowl part number and serial number series 
instead of the Dyna-Rohr standard and the Bombardier standard when 
referring to the different inlet configurations in paragraphs (g)(2) 
and (g)(3) of the NPRM. Boeing stated this provides positive 
identification of the inlet configurations.
    We disagree with the request. Proper identification of part and 
serial numbers will avoid confusion for compliance with this final 
rule. However, inserting all the specific part and serial numbers in 
this final rule would duplicate required information that is already 
contained in the referenced service information. No change has been 
made to this final rule in this regard.

Request To Revise Certain Terminology

    US Airways requested we change the word ``replace'' to the word 
``repair'' in the identification of affected airplanes in paragraph (g) 
of the NPRM (77 FR 69242, October 19, 2012). Also, US Airways requested 
we change the terms ``replacement of the air intake cowl,'' 
``replacement,'' and ``replace,'' in multiple locations of the NPRM to 
``accomplishment of the applicable service bulletin on the inlet 
cowl.''
    US Airways stated that the word ``repair'' is a more accurate 
description of the action taken on the inlet cowl to incorporate the 
referenced service information. US Airways stated that clarifying the 
wording would aid operators in tracking accomplishment of the NPRM (77 
FR 69242, October 19, 2012), and added that the wording change would 
prevent confusion between requiring the replacement of the forward 
bulkhead parts versus replacement of the inlet cowl itself.
    We partially agree. We disagree with changing the term ``replaced'' 
to ``repaired'' because that change in terminology is inaccurate. We 
agree that this final rule should be modified because accomplishment of 
the applicable service information on an air intake cowl addresses the 
unsafe condition. We, therefore, have revised paragraphs (g) and (h) of 
this final rule by adding the words, ``replace the air intake cowl with 
a cowl which has had

[[Page 30012]]

the forward bulkhead assembly, TAI spray ring assembly, and associated 
attachment fittings of the air intake cowl replaced using a kit or new 
parts,'' to provide a more accurate description of what is required.

Request for Credit Using Unpublished Service Information

    UAL requested credit for work for previous inspections and repairs 
on affected cowls using Rolls-Royce Alert Non-Modification Service 
Bulletin RB.211-71-AG242 (no revision or date given). UAL stated this 
service information recommends an extension of 72 months for the 
initial repetitive replacement. UAL stated that over fifty percent of 
its inlets have been repaired or overhauled, and most air intake cowl 
inlets have had the bulkhead inspected and cracks repaired by 
replacement of individual structural parts.
    We disagree. The only applicable and allowable service information 
for Model 757 airplanes with Rolls-Royce engines is Rolls-Royce Alert 
Non-Modification Service Bulletin RB.211-71-AG698. Rolls-Royce has 
informed us that Rolls-Royce Alert Non-Modification Service Bulletin 
RB.211-71-AG242 was never officially published. We have not reviewed 
that service information to determine whether it is equivalent to 
Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG698. 
Thus, we cannot provide credit for work that was accomplished using 
Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG242. 
For operators having sufficient repair records for the bulkhead 
assembly of an air intake cowl, paragraph (l) of this AD provides the 
opportunity to request approval of an AMOC if data are presented that 
show that previous work accomplished was equivalent to the work 
specified by Rolls-Royce Alert Non-Modification Service Bulletin 
RB.211-71-AG698. We have not changed this final rule in this regard.

Request for Credit Through Extension of Compliance Time

    FedEx requested credit for any previous inspections or repairs by 
being allowed an extension of the compliance time proposed in the NPRM 
(77 FR 69242, October 19, 2012). FedEx stated that all of its inlet 
cowls had been inspected and any damage to inlet cowl bulkheads had 
been repaired during regular maintenance intervals.
    We disagree with the commenter's request because we do not know if 
previous repairs or inspections are equivalent to the requirements 
specified by this final rule. For operators having sufficient repair 
records for the bulkhead assembly of an air intake cowl, paragraph (l) 
of this AD provides the opportunity to request approval of an AMOC if 
data are presented that show that previous work accomplished is 
equivalent to the work specified in Rolls-Royce Alert Non-Modification 
Service Bulletin RB.211-71-AG698. We have not changed this final rule 
in this regard.

Request To Revise Service Bulletin Citation

    Rolls-Royce requested we revise the NPRM (77 FR 69242, October 19, 
2012) to refer to the Rolls-Royce RB.211-71-AG698 publication as 
``Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698.''
    We agree with the commenter's request because the service 
information includes the words ``Alert Non-Modification'' in the title. 
We have revised the title of the Rolls-Royce service information 
throughout this final rule accordingly. We have also changed the 
reference to the Bombardier RB211-E4-A1003 publication to ``Bombardier 
Alert Non-Modification Service Bulletin RB211-E4-A1003,'' in a similar 
manner, throughout this final rule.

Requests To Allow the Use of Later Revisions of Service Information

    FedEx and AAL requested that the NPRM (77 FR 69242, October 19, 
2012) contain a general statement allowing the use of subsequent FAA-
approved revisions of the service information as acceptable methods of 
compliance for the NPRM.
    We disagree with the commenters' request. Allowing the use of later 
revisions of service documents in an AD is not allowed by the Office of 
the Federal Register regulations for approving materials incorporated 
by reference. Affected operators may, however, request approval to use 
a later revision of referenced service information as an AMOC in 
accordance with the procedures specified in paragraph (l) of this final 
rule. We have not changed this final rule in this regard.

Requests To Resolve Issues Relating to Warranty Coverage and Published 
Cost Data

    AAL and FedEx requested that warranty considerations be included in 
the Costs of Compliance of the NPRM (77 FR 69242, October 19, 2012) to 
remove the economic burden of the NPRM on the operators. AAL, UAL, and 
FedEx stated that the bulkhead is a flawed design. UAL stated that to 
replace the flawed bulkhead every 144 months with a bulkhead of the 
same flawed design is expensive and does not solve the inherent design 
problem. FedEx and AAL noted that the cost of parts kits purchased from 
Bombardier is unreasonably high, and that Bombardier charges higher 
costs for kits if an operator does not use Bombardier's services and 
facilities to perform the work. FedEx added that the NPRM (77 FR 69242, 
October 19, 2012) addresses a safety issue and that parts costs should 
not be governed by business tactics or profits.
    We find that no change to the final rule is necessary in this 
regard. Warranties are not regulated by the FAA. We use manufacturer-
quoted parts costs provided in referenced service information in our 
calculation of the Costs of Compliance. We are not aware of any 
warranty remedies for the actions required by this final rule.

Statement Regarding the Installation of Winglets

    Aviation Partners Boeing (APB) stated that accomplishing the 
supplemental type certificate STC ST01518SE (https://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
48e13cdfbbc32cf4862576a4005d308b/$FILE/ST01518SE.pdf) does not affect 
the actions specified in the NPRM (77 FR 64242, October 19, 2012).
    We concur with the commenter. We have redesignated paragraph (c) of 
the NPRM as (c)(1) and added new paragraph (c)(2) to this final rule to 
state that the designation of (https://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$FILE/
ST01518SE.pdf) does not affect the ability to accomplish the actions 
required by this final rule. 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.

Explanation of Change Made to This Final Rule

    We have changed paragraph (i) of this final rule to allow credit 
for actions done before the effective date of this AD using Rolls-Royce 
Alert Non-Modification Service Bulletin RB.211-71-AG698, dated October 
14, 2011; and Revision 1, dated September 28, 2012.
    Since we issued the NPRM (77 FR 69242, October 19, 2012), we have 
received updated service information from Bombardier. Bombardier Alert 
Non-Modification Service Bulletin RB211-E4-A1003, Revision 3, dated 
February 4, 2014, corrects part number

[[Page 30013]]

errors contained in previous service information.
    We also revised paragraph (i) of this AD to allow credit for 
actions done previously using Bombardier Alert Non-Modification Service 
Bulletin RB211-E4-A1003, dated June 27, 2012; Revision 1, dated August 
15, 2012; and Revision 2, dated December 5, 2012, provided that where 
this service information specifies part number LJ35479, quantity of 
two, part numbers LJ50537 and LJ50538, quantity of one each, be used. 
Also, where this service information specifies part number LJ35482, use 
part number LJ50535, and where this service information specifies part 
number LJ35483, use part number LJ50536.

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 64242, October 19, 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 64242, October 19, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Interim Action

    We consider this AD interim action due to on-going investigation 
into the nature, cause, and extent of the cracking. If final action is 
later identified, based on the results of the investigation, we might 
consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 332 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Replace left-side air intake      Up to 252 work-     Up to $158,760....  Up to $180,180 per  Up to $59,819,760.
 cowl components.                  hours x $85 per                         replacement.
                                   hour = $21,420
                                   per replacement.
Replace right-side air intake     Up to 252 work-     Up to $158,760....  Up to $180,180 per  Up to $59,819,760.
 cowl components.                  hours x $85 per                         replacement.
                                   hour = $21,420
                                   per replacement.
----------------------------------------------------------------------------------------------------------------

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):

2014-09-07 The Boeing Company: Amendment 39-17842; Docket No. FAA-
2012-1103; Directorate Identifier 2012-NM-131-AD.

(a) Effective Date

    This AD is effective July 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200PF, 
-200CB, and -300 series airplanes, certificated in any category, 
equipped with Rolls-Royce RB211-535E4, -535E4-B, and -535E4-C 
engines; or with Rolls-Royce RB211-535E4, -535E4-B, and -535E4-C 
engines that have air intake cowls that were modified by Bombardier 
Aerospace Supplemental Type Certificate (STC) ST02102NY (https://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf), commonly 
known as 535E4X cowls.
    (2) Installation of supplemental type certificate (STC) 
ST01518SE (https://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$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.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports of cracking of the forward 
bulkhead web, web stiffeners, attachment angles, and thermal

[[Page 30014]]

anti-ice (TAI) spray ring assemblies of the engine air intake cowl. 
We are issuing this AD to prevent the failure of air intake cowl 
components due to cracking, which could result in the air intake 
cowl separating from the engine and striking critical airplane 
control surfaces that could result in a loss of airplane control; 
severe engine damage, and loss of thrust; or large parts striking a 
person or property on the ground.

(f) Compliance

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

(g) Replacement of Air Intake Cowl Forward Bulkhead Assemblies 
Previously Disassembled

    For airplanes on which the air intake cowls were replaced before 
the effective date of this AD using a kit or parts identified in 
paragraph (g)(1), (g)(2), or (g)(3) of this AD: Within 144 months 
since replacement of the air intake cowl, or according to the 
applicable time specified in paragraphs (h)(1) through (h)(l2) of 
this AD, whichever is later, replace the air intake cowl with a cowl 
which has had the forward bulkhead assembly, TAI spray ring 
assembly, and associated attachment fittings of the air intake cowl 
replaced using a kit or new parts, in accordance with the 
Accomplishment Instructions of Bombardier Alert Non-Modification 
Service Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014 
(for engines with air intake cowls modified by Bombardier Aerospace 
STC ST02102NY (https://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/256325188c3b1f2f8625705f004dd977/$FILE/
ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce 
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding 
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated 
June 20, 2013 (for engines having Dyna-Rohr or Bombardier standard 
air intake cowls). Repeat the replacement thereafter at intervals 
not to exceed 144 months.
    (1) RB211-E4A1003KIT, or all the parts listed in Appendix 3 of 
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003, 
Revision 3, dated February 4, 2014 (for engines with air intake 
cowls modified by Bombardier Aerospace STC ST02102NY (https://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf, commonly known 
as a 535E4X cowls).
    (2) RB211-71-AG698-E4KIT, or all the parts listed in Appendix 3 
of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 2, dated June 20, 2013 (for engines with Dyna-Rohr 
standard air intake cowls).
    (3) RB211-71-AG698-E4BKIT, or all the parts listed in Appendix 4 
of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 2, dated June 20, 2013 (for engines with Bombardier 
standard air intake cowls).

(h) Replacement of In-Service Air Intake Cowl Complete Forward Bulkhead 
Assemblies

    For airplanes other than those identified in paragraph (g) of 
this AD: At the applicable time specified in paragraphs (h)(1) 
through (h)(12) of this AD, replace the air intake cowl with a cowl 
which has had the forward bulkhead assembly, TAI spray ring 
assembly, and associated attachment fittings of the air intake cowl 
replaced using a kit or new parts, in accordance with the 
Accomplishment Instructions of Bombardier Alert Non-Modification 
Service Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014 
(for engines with air intake cowls modified by Bombardier Aerospace 
STC ST02102NY (https://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/256325188c3b1f2f8625705f004dd977/$FILE/
ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce 
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding 
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated 
June 20, 2013 (for engines with Dyna-Rohr or Bombardier standard air 
intake cowls). Repeat the replacement thereafter at intervals not to 
exceed 144 months.
    (1) For airplanes with air intake cowls having serial numbers 
4001 through 4121 inclusive: Replace within 12 months after the 
effective date of this AD.
    (2) For airplanes with air intake cowls having serial numbers 
4122 through 4241 inclusive: Replace within 24 months after the 
effective date of this AD.
    (3) For airplanes with air intake cowls having serial numbers 
4242 through 4361 inclusive: Replace within 36 months after the 
effective date of this AD.
    (4) For airplanes with air intake cowls having serial numbers 
4362 through 4481 inclusive: Replace within 48 months after the 
effective date of this AD.
    (5) For airplanes with air intake cowls having serial numbers 
4482 through 4484 inclusive: Replace within 60 months after the 
effective date of this AD.
    (6) For airplanes with air intake cowls having serial numbers 
9001 through 9117 inclusive: Replace within 60 months after the 
effective date of this AD.
    (7) For airplanes with air intake cowls having serial numbers 
9118 through 9237 inclusive: Replace within 72 months after the 
effective date of this AD.
    (8) For airplanes with air intake cowls having serial numbers 
9238 through 9357 inclusive: Replace within 84 months after the 
effective date of this AD.
    (9) For airplanes with air intake cowls having serial numbers 
9358 through 9477 inclusive: Replace within 96 months after the 
effective date of this AD.
    (10) For airplanes with air intake cowls having serial numbers 
9478 through 9597 inclusive: Replace within 108 months after the 
effective date of this AD.
    (11) For airplanes with air intake cowls having serial numbers 
9598 through 9717 inclusive: Replace within 120 months after the 
effective date of this AD.
    (12) For airplanes with air intake cowls having serial numbers 
9718 through 9786 inclusive: Replace within 132 months after the 
effective date of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using the applicable service 
information specified in paragraphs (i)(1)(i) through (i)(1)(v) of 
this AD, which are not incorporated by reference in this AD.
    (i) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698, dated October 14, 2011.
    (ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698,
    Revision 1, dated September 28, 2012.
    (iii) Bombardier Alert Non-Modification Service Bulletin RB211-
E4-A1003, dated June 27, 2012, except as required by paragraph 
(i)(2) of this AD.
    (iv) Bombardier Alert Non-Modification Service Bulletin RB211-
E4-A1003, Revision 1, dated August 15, 2012, except as required by 
paragraph (i)(2) of this AD.
    (v) Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 2, dated December 5, 2012, except as required by 
paragraph (i)(2) of this AD.
    (2) Where Bombardier Alert Non-Modification Service Bulletin 
RB211-E4-A1003, dated June 27, 2012; Revision 1, dated, August 15, 
2012; or Revision 2, dated December 5, 2012; specifies part number 
LJ35479, quantity of two, use part numbers LJ50537 and LJ50538, 
quantity of one each. Where Bombardier Alert Non-Modification 
Service Bulletin RB211-E4-A1003, dated June 27, 2012; Revision 1, 
dated, August 15, 2012; or Revision 2, dated December 5, 2012; 
specifies part number LJ35482, use part number LJ50535; and where 
the service information specifies part number LJ35483, use part 
number LJ50536.

(j) No Reporting Requirement

    Although Bombardier Alert Non-Modification Service Bulletin 
RB211-E4-A1003, Revision 3, dated February 4, 2014; and Rolls-Royce 
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding 
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated 
June 20, 2013; specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

(k) Exception to Service Information Regarding Use of Parts

    Where Rolls-Royce Alert Non-Modification Service Bulletin 
RB.211-71-AG698, excluding Appendix 1 and including Appendices 2, 3, 
and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-
Modification Service Bulletin RB211-E4-A1003, Revision 3, dated 
February 4, 2014; specify part numbers that lack a suffix, this AD 
allows the use of parts specified in paragraphs (k)(1) through 
(k)(3) of this AD, but does not allow use of pre-drilled parts when 
they are sold or delivered as separate parts and are not part of a 
forward bulkhead assembly kit. The parts used for accomplishment of 
this AD must be undrilled, or must only have pilot holes present 
prior to the repair accomplishment. While accomplishing the repair, 
the final size holes must be drilled and, where applicable,

[[Page 30015]]

the parts must be trimmed with reference to the removed parts or to 
the retained existing structure, in accordance with the 
Accomplishment Instructions of Rolls-Royce Alert Non-Modification 
Service Bulletin RB.211-71-AG698, excluding Appendix 1 and including 
Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and 
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003, 
Revision 3, dated February 4, 2014.
    (1) Undrilled attachment angles and attachment angle joints 
having a part number with a suffix `U.'
    (2) Undrilled attachment angles, attachment angle joints, 
diaphragm segments and reinforcing plate that have a trim allowance 
left, having a part number with a suffix `S.'
    (3) Rib stiffeners, with pilot holes and trim allowance left, 
having a part number with a suffix `S.'

(l) 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 paragraph (m)(1) 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.

(m) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: (425) 917-6501; fax: (425) 917-6590; email: 
kevin.nguyen@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (n)(3), (n)(4), and (n)(5) of this AD.

(n) 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) Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014.
    (ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698, excluding Appendix 1 and including Appendices 2, 3, and 4, 
Revision 2, dated June 20, 2013. (The revision level of this 
document is identified in the transmittal pages only.)
    (3) For Rolls-Royce service information identified in this AD, 
contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United 
Kingdom; telephone 011 44 1332 242424; fax 011 44 1332 249936; email 
https://www.rolls-royce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com.
    (4) For Bombardier service information identified in this AD, 
contact Short Brothers, Airworthiness, P.O. Box 241, Airport Road, 
Belfast, BT3 9DZ, Northern Ireland; telephone +44(0)2890-462469; fax 
+44(0)2890-468444; Internet https://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (6) 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 April 18, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-09835 Filed 5-23-14; 8:45 am]
BILLING CODE 4910-13-P
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