[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48904-48906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16537]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-238-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727, 727C, 727-100, and 
727-100C Series Airplanes

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

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing Model 727-100 and -100C 
series airplanes, that would have required repetitive inspections of 
the frame inner chord, outer chord, and web of the forward and aft edge 
frames of the lower lobe forward cargo door (FCD) cutout, and 
corrective action if necessary. This new action revises the proposed 
rule by adding high frequency eddy current inspections and a detailed 
inspection for cracks of certain areas described above. This new action 
also removes one airplane from the applicability. The actions specified 
by this new proposed AD are intended to detect and correct fatigue 
cracking of the forward and aft edge frames of the lower lobe FCD 
cutout, which could result in the loss of the FCD and rapid 
decompression of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by September 16, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-238-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-238-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, PO Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Daniel F. Kutz, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6456; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-238-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of Notices of Proposed Rulemaking (NPRMs)

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-238-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 727-100 and -100C series airplanes, was published 
as an NPRM in the Federal Register on June 23, 2004 (69 FR 34974). That 
NPRM would have required repetitive inspections of the frame inner 
chord, outer chord, and web of the forward and aft edge frames of the 
lower lobe forward cargo door (FCD) cutout, and corrective action, if 
necessary. That NPRM was prompted by reports indicating that fatigue 
cracks were found at the inner chord, outer chord, and web of the 
forward and aft edge frames of the lower lobe FCD cutout. That 
condition, if not corrected, could result in the loss of the FCD and 
rapid decompression of the airplane.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, Boeing has issued Alert Service 
Bulletin 727-53A0229, dated March 24, 2005, for all Model 727, 727C, 
727-100, and 727-100C series airplanes. The service bulletin identifies 
Group 1 airplanes as airplanes having line number 1 through 695 
inclusive and Group 2 airplanes as airplanes having line numbers 696 
through 869 inclusive. The service bulletin describes procedures for 
detailed and high frequency eddy current inspections for cracks in the 
web and the inner and outer chord of the forward and aft frames of the 
forward cargo doorway.

[[Page 48905]]

    The original NPRM referenced pages F.11.2, F.11.12, and F.11.22 of 
Boeing Document No. D6-48040-1, Volumes 1 and 2, ``Supplemental 
Structural Inspection Document'' (SSID), Revision H, dated June 1994, 
as the appropriate source of service information for accomplishing the 
inspections specified in the proposed AD. This supplemental NPRM 
references the alert service bulletin as the appropriate source of 
service information for doing the same inspections specified in the 
NPRM and also for doing high frequency eddy current inspections for 
cracks of additional areas and a detailed inspection of an additional 
area. We have revised paragraph (c) of the supplemental NPRM 
accordingly.
    We have also added model designations, Model 727 and 727C series 
airplanes, to the applicability of the supplemental NPRM. The original 
NPRM inadvertently specified only Model 727-100 and -100C series 
airplanes.

Comments

    Comments were submitted on the original NPRM. Due to the release of 
new service information, those comments are no longer applicable and 
are not addressed by this supplemental NPRM.

Conclusion

    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Differences Between the Supplemental NPRM and the Service Bulletin

    Although the service bulletin specifies an effectivity of all Model 
727, 727C, 727-100, and 727-100C series airplanes, this supplemental 
NPRM specifies an applicability of Boeing Model 727, 727C, 727-100, and 
727-100C series airplanes, line numbers 1 through 694 inclusive. After 
the release of the service bulletin, we received a report from Boeing 
that the Group 2 airplanes identified in the service bulletin are not 
affected by the unsafe condition. Boeing stated that the Group 2 
airplanes have a different configuration (due to structural 
improvements during production) than the Group 1 airplanes and have not 
had any history of reported cracks. In addition, the Group 1 airplane 
having line number 695 also has a different configuration due to a 
modification. We agree with Boeing and have determined that only the 
Group 1 airplanes identified in the service bulletin, which are those 
having line numbers 1 through 694, are subject to the identified unsafe 
condition. We have revised the applicability of the original NPRM 
accordingly. This difference has been coordinated with Boeing. Boeing 
is planning to issue a new revision of the service bulletin to address 
this change.
    Although the service bulletin recommends accomplishing the initial 
inspections within 24,000 total flight cycles, we have determined that 
this interval would not address the identified unsafe condition soon 
enough to ensure an adequate level of safety for the affected fleet. 
After the release of the service bulletin, we received a report of a 
crack found on an affected airplane at 23,400 flight cycles. In 
developing an appropriate compliance time for this supplemental NPRM, 
we considered Boeing's recommendation of using a revised threshold of 
21,000 total flight cycles. We agree with Boeing and find that a 21,000 
total-flight-cycle compliance time represents an appropriate interval 
for affected airplanes to continue to operate without compromising 
safety. This difference has been coordinated with Boeing, and as stated 
previously, Boeing plans to issue a new revision of the service 
bulletin to account for these changes.
    The service bulletin specifies that you may provide the 
manufacturer with crack information, and they will provide you 
instructions on how to repair certain conditions, but this supplemental 
NPRM would require you to repair those conditions in one of the 
following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.
    Operators should note that, although the Accomplishment 
Instructions of the service bulletin describe procedures for reporting 
discrepancies, this supplemental NPRM would not require those actions. 
The FAA does not need this information from operators.

Interim Action

    We consider this supplemental NPRM interim action. The manufacturer 
is currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, we may consider additional rulemaking.

Cost Impact

    There are approximately 211 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 116 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
6 to 8 work hours per airplane to accomplish the proposed inspections, 
and that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be between $45,240 and $60,320, or between $390 and $520 
per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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.

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 Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.

[[Page 48906]]

    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

Boeing: Docket 2003-NM-238-AD.

    Applicability: Boeing Model 727, 727C, 727-100, and 727-100C 
series airplanes, line numbers 1 through 694 inclusive; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking of the forward and aft 
edge frames of the lower lobe forward cargo door (FCD) cutout, which 
could result in the loss of the FCD and rapid decompression of the 
airplane, accomplish the following:

    Note 1: This AD is related to AD 98-11-03 R1, amendment 39-10983 
(64 FR 989, January 7, 1999), and affects Structural Significant 
Item (SSI) F-11B of the Boeing 727 Supplemental Structural 
Inspection Document (SSID) program, D6-48040-1, Revision H, dated 
June 1994.

Initial and Repetitive Inspections

    (a) For airplanes on which the forward and aft edge frames of 
the lower lobe FCD cutout have not been inspected per AD 98-11-03 R1 
as of the effective date of this AD: Prior to the accumulation of 
21,000 total flight cycles, or within 3,000 flight cycles after the 
effective date of this AD, whichever occurs later, do the 
inspections specified in paragraph (c) of this AD.
    (b) For airplanes on which the forward and aft edge frames of 
the lower lobe FCD cutout have been inspected per AD 98-11-03 R1 as 
of the effective date of this AD: Within the next scheduled 
inspection required by AD 98-11-03 R1, or within 3,000 flight cycles 
after the effective date of this AD, whichever occurs first, do the 
inspections specified in paragraph (c) of this AD.
    (c) At the time specified in paragraph (a) or paragraph (b) of 
this AD, as applicable: Perform the detailed and high frequency eddy 
current inspections for cracks in the web and the inner and outer 
chords of the forward and aft frames of the forward cargo doorway in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 727-53A0229, dated March 24, 2005. Repeat the 
inspections thereafter at intervals not to exceed 3,000 flight 
cycles.

Corrective Action

    (d) If any crack is found during any inspection required by 
paragraph (c) of this AD: Before further flight, repair per 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 
Commercial Airplanes 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 meet 
the certification basis of the airplane, and the approval must 
specifically reference this AD.

Certain Actions Constitute Compliance With AD 98-11-03 R1

    (e) Accomplishment of the inspections specified in paragraph (c) 
of this AD is terminating action for the inspections required by AD 
98-11-03 R1 that pertain to SSI F-11B of Boeing Document No. D6-
48040-1, Boeing 727 SSID, Revision H, dated June 1994, for the areas 
specified in paragraph (c) of this AD only. Accomplishment of the 
actions required by paragraph (c) of this AD does not terminate the 
inspections required by AD 98-11-03 R1 for the remaining areas of 
SSI F-11B and does not terminate the remaining requirements of AD 
98-11-03 R1.

No Reporting Required

    (f) Although the service bulletin referenced in this AD 
specifies to provide certain information to the manufacturer, this 
AD does not include that requirement.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
is authorized to approve alternative methods of compliance (AMOCs) 
for this AD.

    Issued in Renton, Washington, on August 11, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16537 Filed 8-19-05; 8:45 am]
BILLING CODE 4910-13-P