[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Proposed Rules]
[Pages 22826-22828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8761]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Proposed 
Rules  

[[Page 22826]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21088; Directorate Identifier 2004-NM-267-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400 and 747-400D 
Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 747-400 and 747-400D series airplanes. This 
proposed AD would require an inspection for corrosion and cracks of the 
station 980 upper deck floor beam, and repair and related investigative 
actions if necessary. This proposed AD is prompted by reports of 
corrosion under the cart lift threshold at the station 980 upper deck 
floor beam. We are proposing this AD to detect and correct such 
corrosion, which could result in a cracked or broken floor beam, 
extensive damage to adjacent structure, and possible rapid 
decompression of the airplane.

DATES: We must receive comments on this proposed AD by June 17, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-21088; the directorate identifier for this docket is 
2004-NM-267-AD.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98055-4056; telephone (425) 917-6437; 
fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21088; 
Directorate Identifier 2004-NM-267-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Related Rulemaking

    Corrosion of the station 980 upper deck floor beam was addressed in 
AD 97-09-13, amendment 39-10009 (62 FR 24022, May 2, 1997). That AD 
requires inspecting the station 980 upper deck floor beam and 
installing sealant under the threshold in accordance with Boeing Alert 
Service Bulletin 747-53A2400, dated December 21, 1995. AD 97-09-13 
applies to certain Model 747 series airplanes.

Discussion

    Beginning with line number 844, a production change was made at the 
cart lift cutout in the upper deck floor to increase the durability of 
the station 980 floor beam and to add sealant between the floor beam 
and the threshold. Recent reports have shown that a corrosion problem 
also exists in the new configuration under the cart lift threshold. 
Corrosion of the floor structure occurred where the stainless steel 
threshold contacts the aluminum floor structure. Such corrosion could 
result in a cracked or broken floor beam, extensive damage to adjacent 
structure, and possible rapid decompression of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2503, dated 
November 11, 2004. The service bulletin describes procedures for 
inspecting the station 980 upper deck floor beam for corrosion and 
cracks, and repairing corrosion. The service bulletin specifies 
contacting Boeing for repair instructions for any cracks and for 
corrosion that exceeds the specified limits. Accomplishing the actions 
specified in the service information is intended to

[[Page 22827]]

adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the Proposed AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    The service bulletin specifies that you may contact the 
manufacturer for instructions on how to repair certain conditions, but 
this proposed AD would require you to repair those conditions by using 
either a method that we approve or data that meet the certification 
basis of the airplane and have been approved by an Authorized 
Representative for the Boeing Delegation Option Authorization 
Organization whom we have authorized to make those findings.
    The service bulletin specifies an inspection threshold of 10 years 
after the initial date of delivery of the airplane. However, paragraph 
(f)(1) of this proposed AD specifies an inspection threshold of 120 
months after the date of issuance of the original Airworthiness 
Certificate or the date of issuance of the original Export Certificate 
of Airworthiness. This decision is based on our determination that 
``date of delivery'' may be interpreted differently by different 
operators. We find that our proposed terminology is generally 
understood within the industry and records will always exist that 
establish these dates with certainty.
    The service bulletin specifies a ``detailed visual inspection.'' We 
have determined that the proposed inspection should be considered a 
``detailed inspection.'' However, we consider the inspection definition 
in the service bulletin to be adequate.

Costs of Compliance

    There are about 363 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                  airplane     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.....................................            3           $65   None required....................         $195            46        $8,970
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-21088; Directorate Identifier 2004-NM-
267-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by June 17, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400 and 747-400D series 
airplanes, certificated in any category, as listed in Boeing Alert 
Service Bulletin 747-53A2503, dated November 11, 2004.

Unsafe Condition

    (d) This AD was prompted by reports of corrosion under the cart 
lift threshold at the station 980 upper deck floor beam. We are 
issuing this AD to detect and correct such corrosion, which could 
result in a cracked or broken floor beam, extensive damage to 
adjacent structure, and possible rapid decompression 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.

Inspection

    (f) At the later of the times specified in paragraphs (f)(1) and 
(f)(2) of this AD: Do a

[[Page 22828]]

detailed inspection for corrosion and cracks of the station 980 
upper deck floor beam, in accordance with Boeing Alert Service 
Bulletin 747-53A2503, dated November 11, 2004.
    (1) Inspect within 120 months since the date of issuance of the 
original Airworthiness Certificate or the date of issuance of the 
original Export Certificate of Airworthiness; or
    (2) Inspect at the time specified in paragraph (f)(2)(i), 
(f)(2)(ii), or (f)(3)(iii) of this AD for the applicable airplane 
group as identified in the service bulletin.
    (i) For Group 1 airplanes: Within 18 months after the effective 
date of this AD.
    (ii) For Group 2 airplanes: Within 36 months after the effective 
date of this AD.
    (iii) For Group 3 airplanes: Within 120 months after the 
airplane has been modified in accordance with Boeing Service 
Bulletin 747-25-3107, or within 36 months after the effective date 
of this AD, whichever occurs later.

Repair

    (g) If any cracking or corrosion is found during any inspection 
required by this AD, do all related investigative and corrective 
actions before further flight in accordance with Boeing Alert 
Service Bulletin 747-53A2503, dated November 11, 2004. If the 
bulletin specifies to contact Boeing for appropriate action, repair 
before further flight according to a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA; or according to 
data meeting the certification basis of the airplane 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 approval must specifically reference this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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 approval must specifically refer to this AD.

    Issued in Renton, Washington, on April 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8761 Filed 5-2-05; 8:45 am]
BILLING CODE 4910-13-P