[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Rules and Regulations]
[Pages 16403-16406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18876; Directorate Identifier 2003-NM-254-AD; 
Amendment 39-14032; AD 2005-07-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 and -200PF Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200 and -200PF series airplanes. This AD 
requires repetitive inspections and audible tap tests of the upper and 
lower skins of the trailing edge wedges on certain slats, and related 
investigative and corrective actions if necessary. This AD also 
provides an optional terminating action for the repetitive inspections 
and audible tap tests. This AD is prompted by a report of damage to the 
No. 4 leading edge slat. We are issuing this AD to prevent delamination 
of the leading edge slats, possible loss of pieces of the trailing edge 
wedge assembly during flight, reduction of the reduced maneuver and 
stall margins, and consequent reduced controllability of the airplane.

DATES: This AD becomes effective May 5, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 5, 
2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-18876; the directorate 
identifier for this docket is 2003-NM-254-AD.

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) 914-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain Boeing Model 757-200 and -200PF series 
airplanes. That action, published in the Federal Register on August 17, 
2004 (69 FR 51015), proposed to require repetitive inspections and 
audible tap tests of the upper and lower skins of the trailing edge 
wedges on certain slats, and related investigative and corrective 
actions if necessary. The proposed AD also provided an optional 
terminating action for the repetitive inspections and audible tap 
tests.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Supportive Comment

    One commenter supports the proposed AD.

Request To Correct Typographical Error in Applicability

    One commenter requests that the typographical error in paragraph 
(c), Applicability, of the proposed AD, be corrected. The Applicability 
in the proposed AD states that the AD applies to Boeing Model 737-200 
and -200F series airplanes, as listed in Boeing Alert Service Bulletin 
757-57A0063, dated June 26, 2003. The commenter states that the 
reference to Model 737-200 and -200F series airplanes should be 
corrected to avoid confusion between the referenced service bulletin 
and proposed AD.
    We agree and the Applicability section of this AD has been 
corrected to reference ``Boeing Model 757-200 and -200PF series 
airplanes identified in Boeing Alert Service Bulletin 757-57A0063. * * 
*'' We discovered this error after the proposed AD was published. We 
find that our intent in the proposed AD was clear, as all other 
references throughout the proposed AD were correct, and the referenced 
service

[[Page 16404]]

bulletin applies to Boeing Model 757-200 and -200PF series airplanes. 
Thus, we find no reason to re-open the comment period.

Request To Clarify Applicability

    The Air Transport Association (ATA) states that its member airlines 
concur with the intent of the proposed AD, but that the applicability 
of the proposed AD is unclear. The commenter notes that actions 
specified in the proposed AD overlap or duplicate the requirements of 
AD 90-23-06, amendment 39-6794. The commenter also states that several 
slat wedge configurations exist in in-service airplanes as a result of 
AD 91-22-51, amendment 39-8129, and several other service bulletins 
that address trailing edge wedges. The commenter contends that the 
applicability of the proposed AD is unclear with respect to these 
configurations, and recommends that we revise the proposed AD to 
clearly state the applicability with respect to the various 
configurations resulting from the aforementioned airworthiness 
directives and service bulletins.
    We do not agree that the applicability of this AD requires 
revision. The applicability of this AD states that the AD applies to 
Boeing Model 757-200 and -200PF series airplanes, certificated in any 
category, identified in Boeing Alert Service Bulletin 757-57A0063, 
dated June 26, 2003. The effectivity in that service bulletin is all 
Boeing Model 757 series airplanes with line numbers 1 through 139 
inclusive. This AD addresses line numbers 1 through 139 inclusive, 
regardless of configuration. Also, the airplane applicability for AD 
91-22-51 has different line numbers from those in this AD. The 
applicability for that AD is Boeing Model 757 series airplanes, line 
numbers 140 through 335. We have not changed this AD regarding this 
issue.

Request To Give Credit for Actions Accomplished Previously

    One commenter requests that the proposed AD be revised to indicate 
that actions accomplished previously in accordance with Boeing Service 
Bulletin 757-57A0038 or 757-57A0045 are acceptable for compliance with 
the requirements of the proposed AD. The commenter states that the 
actions described in those service bulletins have the same results as 
the actions described in Boeing Alert Service Bulletin 757-57A0063, 
dated June 26, 2003.

                                     Service Bulletins With Similar Actions
----------------------------------------------------------------------------------------------------------------
                                                                                            As the appropriate
          Service Bulletin--                   Dated--               Is cited in--          source of service
                                                                                            information for--
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 757-     June 26, 2003..........  The proposed AD........  Inspecting, repairing,
 57A0063.                                                                                 and replacing trailing
                                                                                          edge wedges.
Boeing Service Bulletin 757-57A0038,   October 10, 1990.......  AD 90-23-06, amendment   Inspecting, repairing,
 Revision 2.                                                     39-6794.                 and replacing trailing
                                                                                          edge wedges.
Boeing Service Bulletin 757-57A0045..  October 16, 1991.......  AD 91-22-51, amendment   Repetitive detailed
                                                                 39-8129.                 inspections of the
                                                                                          trailing edge wedges
                                                                                          of slats 1 through 4
                                                                                          and 7 through 10.
----------------------------------------------------------------------------------------------------------------

    We agree that accomplishment of the actions specified in Boeing 
Service Bulletin 757-57A0038, Revision 5, dated July 16, 1992, or 
Revision 6, dated November 10, 1994, only, are acceptable for 
compliance with the requirements of this AD. We do not agree that 
accomplishment of the actions specified in Boeing Service Bulletin 757-
57A0045 is acceptable for compliance with the requirements of this AD. 
As stated previously, the applicability of AD 91-22-51 is Boeing Model 
757 series airplanes, line numbers 140 through 335 inclusive, and the 
applicability of this AD is line numbers 1 through 139 inclusive.
    We have included a new paragraph (h) in this AD, and reidentified 
the subsequent paragraphs accordingly. Paragraph (h) specifies that 
accomplishment of the actions in the Accomplishment Instructions of 
Boeing Service Bulletin 757-57A0038, Revision 5 or Revision 6 only, in 
conjunction with the use of BMS 5-137 adhesive, is acceptable for 
compliance with the requirements of this AD.

Request To Revise Compliance Time for Repetitive Inspections and Tests

    One commenter requests an extension of the compliance time from 18 
months to 24 months for the repetitive detailed inspections and audible 
tap tests of the upper and lower skins of the trailing edge wedges. The 
commenter states that it performs maintenance checks (``C-checks'') on 
its fleet every 24 months. The commenter also states that a compliance 
time of 18 months would require special maintenance visits in addition 
to the normally scheduled ``C-checks,'' and the associated costs and 
downtime would be considerable. The commenter has reviewed its 
maintenance program, and the subject slats are currently inspected 
every 48 months. A review of the associated maintenance task cards did 
not reveal any discrepancies. The commenter notes that this change to 
the proposed AD would prevent operators from having to request approval 
of an AMOC for the proposed AD.
    We do not agree with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
AD, we considered the urgency associated with the subject unsafe 
condition, the manufacturer's recommended compliance time, and the 
practical aspect of accomplishing the required inspections within a 
period of time that corresponds to the normal scheduled maintenance 
program for most affected operators. However, according to the 
provisions of paragraph (k) of this AD, we may approve a request to 
adjust the compliance time if the request includes data that prove that 
the new compliance time would provide an acceptable level of safety.

Explanation of Additional Change to This AD

    Since the publication of the proposed AD, Boeing has received a 
Delegation Option Authorization (DOA). We have revised this AD to 
delegate the authority to approve an AMOC for any repair required by 
this AD to the Authorized Representative for the Boeing DOA 
Organization rather than the Designated Engineering Representative.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the

[[Page 16405]]

public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 139 airplanes worldwide. The following table 
provides the estimated costs for U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Average                                                  Number  of
                                                              labor                                                      U.S.-
              Action                     Work  hours        rate per           Parts            Cost per  airplane    registered         Fleet cost
                                                              hour                                                     airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection test, per inspection     6 (1 work hour per           $65   None.................  $390, per inspection/           97   $37,830, per
 cycle.                              slat, 6 slats per                                         test cycle.                          inspection/test
                                     airplane.).                                                                                    cycle
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    We have determined that 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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):

2005-07-08 Boeing: Amendment 39-14032. Docket No. FAA-2004-18876; 
Directorate Identifier 2003-NM-254-AD.

Effective Date

    (a) This AD becomes effective May 5, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200 and -200PF series 
airplanes, certificated in any category, identified in Boeing Alert 
Service Bulletin 757-57A0063, dated June 26, 2003.

Unsafe Condition

    (d) This AD was prompted by a report of damage to the No. 4 
leading edge slat. We are issuing this AD to prevent delamination of 
the leading edge slats, possible loss of pieces of the trailing edge 
wedge assembly during flight, reduction of the reduced maneuver and 
stall margins, and consequent reduced controllability of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections and Tests

    (f) Within 18 months after the effective date of this AD: Do a 
detailed inspection and an audible tap test of the upper and lower 
skins of the trailing edge wedges on slats No. 2 through No. 4 
inclusive and No. 7 through No. 9 inclusive, for evidence of damage 
or cracking, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 757-57A0063, dated June 26, 2003. 
Repeat the detailed inspection and audible tap test thereafter at 
intervals not to exceed 18 months.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Related Investigative and Corrective Actions

    (g) If any damage or cracking is found during any inspection or 
audible tap test required by paragraph (f) of this AD: Before 
further flight, do the related investigative action, if applicable, 
and replace the affected part with a new trailing edge wedge 
assembly or repair the affected part, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0063, dated June 26, 2003. Accomplishing the replacement 
terminates the repetitive inspections and audible tap tests required 
by paragraph (f) of this AD for that wedge assembly only.

Actions Accomplished Previously

    (h) Previous accomplishment of all of the actions specified in 
the Accomplishment Instructions of Boeing Service Bulletin 757-
57A0038, Revision 5, dated July 16, 1992; or Revision 6, dated 
November 10, 1994; in conjunction with the use of BMS 5-137 
adhesive; is acceptable for compliance with the inspection 
requirements of paragraph (f) of this AD.

[[Page 16406]]

Parts Installation

    (i) As of the effective date of this AD, no trailing edge wedge 
assembly having a part number listed in the ``Existing Part Number'' 
column of the table in paragraph 2.C.3. of Boeing Alert Service 
Bulletin 757-57A0063, dated June 26, 2003, may be installed on any 
airplane unless it has been inspected, tested, and had any necessary 
corrective actions accomplished in accordance with this AD.

Optional Terminating Action

    (j) Replacing all trailing edge wedge assemblies with new, 
improved wedge assemblies in accordance with Part III of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0063, dated June 26, 2003, terminates the requirements of 
paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Delegation Option 
Authorization Organization who 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.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 757-57A0063, 
dated June 26, 2003, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You may view the AD docket at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-
401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on March 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6259 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-13-P