[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Rules and Regulations]
[Pages 54990-54992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23829]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-324-AD; Amendment 39-13311; AD 2003-19-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 747 series airplanes, that requires 
repetitive inspections for discrepancies of certain areas of the 
forward and aft sides of the body station 2598 bulkhead, and repair if 
necessary. This action is necessary to find and fix such discrepancies 
of the bulkhead structure, which could result in failure of the 
structure to carry flight loads of the horizontal stabilizer, and 
consequent loss of controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective October 27, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 27, 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 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: Rick Kawaguchi, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6434; 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)

[[Page 54991]]

that is applicable to certain Boeing Model 747 series airplanes was 
published in the Federal Register on April 17, 2003 (68 FR 18908). That 
action proposed to require repetitive inspections for discrepancies of 
certain areas of the forward and aft sides of the body station 2598 
bulkhead, and repair if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Agreement with the Notice of Proposed Rulemaking (NPRM)

    One commenter states that it agrees with the NPRM and has no 
further comments.

Request To Specify Approval of Certain Previous Repairs

    One commenter requests that additional verbiage be added to 
paragraph (b) of the NPRM stating that FAA 8110-3 forms that were 
approved before the issuance of the final rule by a Boeing Company 
Designated Engineering Representative (DER) who has been authorized by 
the Manager, Seattle Aircraft Certification Office (ACO) to make such 
findings, meet the requirements of paragraph (b). The commenter states 
that it is unnecessary for additional approval to be required for such 
FAA 8110-3 forms. The commenter notes that the NPRM, as written, would 
require the operator to resubmit the FAA Form 8110-3 forms for FAA 
approval, simply because there was no way for a Boeing DER to reference 
a final rule that has not been issued yet. The commenter points out 
that previously approved repair and follow-on inspections are no 
different than the actions specified in the NPRM for the repair and 
follow-on inspections.
    The FAA does not agree. We have determined that such repairs 
previously approved may not automatically be considered to be approved 
as alternate methods of compliance (AMOC) for the requirements of this 
final rule. We, or one of our authorized Boeing DERs, must make a 
separate determination to confirm that any existing repairs and/or 
follow-on inspections provide for an acceptable AMOC with the final 
rule. Such requests for AMOCs should be made in accordance with 
paragraph (c) of this final rule. No change is necessary to the final 
rule in this regard.

Conclusion

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

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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 1,147 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 280 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 4 
work hours per airplane to accomplish the required actions, 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 $72,800, 
or $260 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

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 adding the following new airworthiness 
directive:

2003-19-08 Boeing: Amendment 39-13311. Docket 2001-NM-324-AD.

    Applicability: Model 747 series airplanes, line numbers 1 
through 1307 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 (c) of 
this AD. The request should include an assessment of

[[Page 54992]]

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 find and fix discrepancies of the bulkhead structure, which 
could result in failure of the structure to carry flight loads of 
the horizontal stabilizer, and consequent loss of controllability of 
the airplane, accomplish the following:

Repetitive Inspections

    (a) Before the accumulation of 10,000 total flight cycles, or 
within 1,000 flight cycles after the effective date of this AD, 
whichever is later: Do a detailed inspection of the body station 
2598 bulkhead for discrepancies (cracking, elongated fastener holes) 
of the lower aft inner chords; upper aft outer chords; and diagonal 
brace attachment fittings, flanges, and rods; per Boeing Alert 
Service Bulletin 747-53A2467, dated July 26, 2001. Repeat the 
inspection after that at intervals not to exceed 3,000 flight 
cycles.

    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.''

Repair

    (b) If any discrepancy is found during any inspection required 
by paragraph (a) of this AD: Before further flight, repair per 
Boeing Alert Service Bulletin 747-53A2467, dated July 26, 2001. If 
any discrepancy is found and the service bulletin specifies to 
contact Boeing for appropriate action. Before further flight, 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, the 
approval must specifically reference this AD.

Alternative Methods of Compliance

    (c) 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 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 Permit

    (d) 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

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 747-53A2467, 
dated July 26, 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

    (f) This amendment becomes effective on October 27, 2003.

    Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23829 Filed 9-18-03; 12:01 pm]
BILLING CODE 4910-13-U