[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Rules and Regulations]
[Pages 53496-53498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22701]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-370-AD; Amendment 39-13296; AD 2003-18-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Series Airplanes 
Powered by Pratt & Whitney Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 757 series airplanes, that 
currently requires modification of the nacelle strut and wing 
structure. This amendment reduces a certain compliance time in the 
existing AD. The actions specified by this AD are intended to prevent 
fatigue cracking in primary strut structure and consequent reduced 
structural integrity of the strut. This action is intended to address 
the identified unsafe condition.

DATES: Effective October 16, 2003.
    The incorporation by reference of Boeing Service Bulletin 757-54-
0034, Revision 1, dated October 11, 2001, as listed in the regulations, 
is approved by the Director of the Federal Register as of October 16, 
2003.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of November 13, 2000 (65 FR 59703, October 6, 
2000).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, PO 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: Dennis Stremick, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6450; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2000-20-09, 
amendment 39-11920 (65 FR 59703, October 6, 2000), which is applicable 
to certain Boeing Model 757 series airplanes, was published in the 
Federal Register on June 18, 2003 (68 FR 36499). The action proposed to 
continue to require modification of the nacelle strut and wing 
structure. The action also proposed to reduce a certain compliance time 
in the existing AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    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 (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. 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 317 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 278 airplanes of U.S. registry 
will be affected by this AD. Since this AD will merely reduce the 
compliance time for certain actions required by AD 2000-20-09 (Service 
Bulletin 757-54-0036), it will add no additional costs, and will 
require no additional work to be performed by affected operators. The 
current costs associated with AD 2000-20-09 are reiterated in their 
entirety (as follows) for the convenience of affected operators:
    It will take approximately 800 work hours per airplane to 
accomplish the required modification of the nacelle strut and wing 
structure described in Boeing Service Bulletin 757-54-0034, at an 
average labor rate of $65 per work hour. Required parts will be 
provided at no cost by the airplane manufacturer. Based on these 
figures, the cost impact of this required modification on U.S. 
operators is estimated to be $14,456,000, or $52,000 per airplane.
    It will take approximately 26 work hours per airplane to accomplish 
the actions described in Boeing Service Bulletin 757-54-0027, Revision 
1, at an average labor rate of $65 per work hour. Required parts will 
be provided at no cost by the airplane manufacturer. Based on these 
figures, the cost impact of these required actions on U.S. operators is 
estimated to be $469,820, or $1,690 per airplane.
    It will take approximately 90 work hours per airplane to accomplish 
the actions described in Boeing Service Bulletin 757-54-0036, at an 
average labor rate of $65 per work hour. Required parts will be 
provided at no cost by the airplane manufacturer. Based on these 
figures, the cost impact of these required actions on U.S. operators is 
estimated to be $1,626,300, or $5,850 per airplane.
    The cost impact figures discussed above are 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,

[[Page 53497]]

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

0
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 removing amendment 39-11920 (65 FR 
59703, October 6, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-13296, to read as follows:

2003-18-05 Boeing: Amendment 39-13296. Docket 2001-NM-370-AD. 
Supersedes AD 2000-20-09, Amendment 39-11920.

    Applicability: Model 757 series airplanes powered by Pratt & 
Whitney engines, line numbers 1 through 735 inclusive, 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 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 (e) 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 prevent fatigue cracking in primary strut structure and 
consequent reduced structural integrity of the strut, accomplish the 
following:

Restatement of Requirements of AD 2000-20-09:

Modifications

    (a) Modify the nacelle strut and wing structure on both the left 
and right sides of the airplane, in accordance with Boeing Service 
Bulletin 757-54-0034, dated May 14, 1998; or Revision 1, dated 
October 11, 2001; at the later of the times specified in paragraph 
(a)(1) or (a)(2) of this AD.
    (1) Prior to the accumulation of 37,500 total flight cycles, or 
within 20 years since the date of manufacture, whichever occurs 
first. Use of the optional threshold formula described in paragraph 
I.D. of the service bulletin is an acceptable alternative to the 20-
year threshold.
    (2) Within 3,000 flight cycles after November 13, 2000 (the 
effective date of AD 2000-20-09, amendment 39-11920).
    (b) Except as provided by paragraph (d) of this AD: Prior to or 
concurrently with the accomplishment of the modification of the 
nacelle strut and wing structure required by paragraph (a) of this 
AD; as specified in paragraph I.D., Table I, ``Strut Improvement 
Bulletins,'' on page 5 of Boeing Service Bulletin 757-54-0034, dated 
May 14, 1998; accomplish the actions specified in Boeing Service 
Bulletin 757-54-0027, Revision 1, dated October 27, 1994; and Boeing 
Service Bulletin 757-54-0036, dated May 14, 1998; as applicable; in 
accordance with those service bulletins.

Repair

    (c) If any damage to airplane structure is found during the 
accomplishment of the modification required by paragraph (a) of this 
AD; and the service bulletin specifies to contact Boeing for 
appropriate action: Prior to further flight, repair in accordance 
with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or in accordance with data meeting 
the type certification basis of the airplane approved by a Boeing 
Company Designated Engineering Representative (DER) who has been 
authorized by the Manager, Seattle ACO, to make such findings. For a 
repair method to be approved by the Manager, Seattle ACO, as 
required by this paragraph, the approval letter must specifically 
reference this AD.

New Requirements of This AD

Modification

    (d) Modify the nacelle strut (including replacing the upper link 
with a new, improved part and modifying the wire support bracket 
attached to the upper link) in accordance with Boeing Service 
Bulletin 757-54-0036, dated May 14, 1998, at the earlier of the 
times specified in paragraph (d)(1) or (d)(2) of this AD.
    (1) Prior to or concurrently with accomplishment of the 
modification of the nacelle strut and wing structure required by 
paragraph (a) of this AD.
    (2) Prior to the accumulation of 27,000 total flight cycles (for 
Model 757-200 series airplanes) or 29,000 total flight cycles (for 
Model 757-200PF series airplanes), or within 2 years after the 
effective date of this AD, whichever is later.

Alternative Methods of Compliance

    (e) 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. 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 2: 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

    (f) 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

    (g) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the following Boeing service bulletins, as 
applicable:

------------------------------------------------------------------------
       Service bulletin          Revision level            Date
------------------------------------------------------------------------
Boeing Service Bulletin 757-54- 1...............  October 27, 1994.
 0027.
Boeing Service Bulletin 757-54- Original........  May 14, 1998.
 0034.
Boeing Service Bulletin 757-54- 1...............  October 11, 2001.
 0034.
Boeing Service Bulletin 757-54- Original........  May 14, 1998.
 0036.
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[[Page 53498]]

    (1) The incorporation by reference of Boeing Service Bulletin 
757-54-0034, Revision 1, dated October 11, 2001, is approved by the 
Director of the Federal Register, in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Service Bulletin 
757-54-0027, Revision 1, dated October 27, 1994; Boeing Service 
Bulletin 757-54-0034, dated May 14, 1998; and Boeing Service 
Bulletin 757-54-0036, dated May 14, 1998; was approved previously by 
the Director of the Federal Register as of November 13, 2000 (65 FR 
59703, October 6, 2000).
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, PO 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

    (h) This amendment becomes effective on October 16, 2003.

    Issued in Renton, Washington, on August 29, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-22701 Filed 9-10-03; 8:45 am]
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