[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Rules and Regulations]
[Pages 49337-49339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20712]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-27-AD; Amendment 39-13267; AD 2003-16-14]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Series Airplanes 
Equipped with Pratt & Whitney JT9D-3 or JT9D-7 Series Engines (except 
JT9D-70 Series Engines)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to Boeing Model 747 series airplanes equipped with Pratt & 
Whitney JT9D-3 or JT9D-7 series engines (except JT9D-70 series 
engines), that requires detailed inspections of the upper and lower 
surface of the forward lower spar of the nacelle strut for cracking or 
other damage, and for any loose or damaged fasteners. This amendment 
also requires replacement of loose or damaged fasteners and, if 
necessary, associated repair of the forward lower spar. This action is 
necessary to detect and correct cracking or other damage to the upper 
or lower surface of the forward lower spar and any loose or damaged 
fasteners, which could result in reduced structural

[[Page 49338]]

capability of nacelle struts one through four, and possible separation 
of a strut and engine from the airplane during flight. This action is 
intended to address the identified unsafe condition.

DATES: Effective September 22, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 22, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to Boeing Model 747 series airplanes 
equipped with Pratt & Whitney JT9D-3 or JT9D-7 series engines (except 
JT9D-70 series engines) was published in the Federal Register on May 
29, 2003 (68 FR 31994). That action proposed to require detailed 
inspections of the upper and lower surface of the forward lower spar of 
the nacelle strut for cracking or other damage, and for any loose or 
damaged fasteners. That action also proposed to require replacement of 
loose or damaged fasteners and, if necessary, associated repair of the 
forward lower spar.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter, an operator, states that the six-month initial 
inspection threshold may require inspections to occur outside of 
scheduled heavy maintenance checks, thereby requiring special routing 
of airplanes to enable inspections to occur at maintenance facilities 
with appropriate equipment and personnel. The commenter further states 
that the accomplishment of detailed visual inspections outside of heavy 
maintenance checks is not desireable and should be avoided. However, 
the commenter acknowledges that the proposed AD appears to provide 
sufficient justification for the initial inspection threshold.
    From this comment, we infer that the commenter supports the 
proposed rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 366 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 115 airplanes of U.S. registry 
will be affected by this AD, that it will take from 20 to 64 work hours 
per airplane to accomplish the required inspections, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be between 
$1,300 and $4,160 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-16-14 Boeing: Amendment 39-13267. Docket 2002-NM-27-AD.

    Applicability: Model 747 series airplanes, equipped with Pratt & 
Whitney JT9D-3 or JT9D-7 series engines (excluding JT9D-70 series 
engines), as listed in Boeing Alert Service Bulletin 747-54A2209, 
dated November 8, 2001; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For

[[Page 49339]]

airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (g) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if the unsafe condition has not been eliminated, the request 
should include specific proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracking or other damage to the structure 
of the upper or lower surface of the forward lower spar and any 
loose or damaged fasteners, which could result in reduced structural 
capability of nacelle struts one through four, and possible 
separation of the strut and engine from the airplane during flight, 
accomplish the following:

Inspection of Upper Surface of Forward Lower Spar

    (a) At the later of the times shown in paragraphs (a)(1) and 
(a)(2) of this AD: Perform a detailed inspection of the upper 
surface of the forward lower spar to detect cracks, fretting damage, 
and any loose or damaged fasteners, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
54A2209, dated November 8, 2001.
    (1) Within 500 flight cycles, but no sooner than 300 flight 
cycles, after modification of the strut in accordance with AD 95-10-
16, amendment 39-2933; or
    (2) Within 6 months after the effective date of this AD.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Inspection of Lower Surface of Forward Lower Spar

    (b) If the detailed inspection required by paragraph (a) of this 
AD reveals any crack or fretting damage, or any loose or damaged 
fastener: Prior to further flight, perform a detailed inspection of 
the lower surface of the forward lower spar to detect cracks, 
fretting damage, and any loose or damaged fasteners, in accordance 
with Part 2 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-54A2209, dated November 8, 2001.

Follow-up Inspection

    (c) If the detailed inspection of the upper surface of the 
forward lower spar required by paragraph (a) of this AD reveals no 
crack or fretting damage and no loose or damaged fastener: At the 
later of the times specified in paragraphs (c)(1) and (c)(2) of this 
AD, repeat the detailed inspection of the upper surface of the 
forward lower spar and perform a detailed inspection of the lower 
surface of the forward lower spar, in accordance with Parts 1 and 2, 
respectively, of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-54A2209, dated November 8, 2001.
    (1) Within 1,500 flight cycles, but no sooner than 1,300 flight 
cycles, after modification of the strut, in accordance with AD 95-
10-16; or
    (2) Within 18 months after the effective date of this AD.

Optional Follow-up Inspection

    (d) If the detailed inspection of the upper surface of the 
forward lower spar required by paragraph (a) of this AD reveals no 
crack or fretting damage, and no loose or damaged fastener: Prior to 
further flight, the operator may elect to perform a detailed 
inspection of the lower surface of the forward lower spar to detect 
cracks, fretting damage, and any loose or damaged fasteners, in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 747-54A2209, dated November 8, 2001, provided 
that the airplane has accumulated at least 1,300 flight cycles since 
modification of the strut per AD 95-10-16.

Corrective Action

    (e) If any detailed inspection described in paragraph (a), (b), 
(c), or (d) of this AD reveals any crack or fretting damage to the 
upper or lower surface of the forward lower spar or any loose or 
damaged fastener: Prior to further flight, accomplish the actions 
specified in paragraph (e)(1) or (e)(2) of this AD, as applicable.
    (1) If the crack or fretting damage to the upper or lower 
surface of the forward lower spar falls within the parameters 
specified in Figure 4 or 5 (as applicable) of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-54A2209, dated 
November 8, 2001, and the airplane has accumulated 1,300 flight 
cycles or more since modification of the strut per AD 95-10-16: 
Remove any loose or damaged fasteners, repair any cracks or fretting 
damage to the upper or lower surface of the forward lower spar, and 
install new fasteners, in accordance with the Accomplishment 
Instructions of the service bulletin. No further action is required 
by this AD.
    (2) If the crack or fretting damage to the upper or lower 
surface of the forward lower spar does not fall within the 
parameters specified in Figure 4 or 5 (as applicable) of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
54A2209, dated November 8, 2001, or if the airplane has accumulated 
fewer than 1,300 flight cycles since modification of the strut per 
AD 95-10-16: Accomplish additional repair per a method approved by 
the Manager, Seattle Aircraft Certification Office (ACO), FAA, or 
per data meeting the type certification basis of the airplane 
approved by a Boeing Company Designated Engineering Representative 
who has been authorized by the Manager, Seattle ACO, to make such 
findings. For a repair method to be approved as required by this 
paragraph, the approval must specifically reference this AD.
    (f) If the detailed inspection specified in paragraph (c) or (d) 
of this AD reveals no cracks or other damage to the upper or lower 
surface of the forward lower spar and no loose or damaged fasteners, 
no further action is required by this AD.

Alternative Methods of Compliance

    (g) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle ACO, FAA. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (h) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 747-54A2209, 
dated November 8, 2001. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Boeing 
Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (j) This amendment becomes effective on September 22, 2003.

    Issued in Renton, Washington, on August 6, 2003.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20712 Filed 8-15-03; 8:45 am]
BILLING CODE 4910-13-P