[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Proposed Rules]
[Pages 72599-72601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23654]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 233 / Tuesday, December 6, 2005 / 
Proposed Rules  

[[Page 72599]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23196; Directorate Identifier 2005-NM-187-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-200C, -200F, -400, -
400D, and -400F 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 747-200C, -200F, -400, -400D, and -400F series 
airplanes. This proposed AD would require repetitive inspections for 
cracks in the overlapping (upper) skin, upper fastener row of the lap 
joints of the fuselage skin in sections 41, 42, and 46; and related 
investigative and corrective actions, if necessary. This proposed AD 
results from fatigue tests and an analysis that identified areas of the 
fuselage lap joints where fatigue cracks can occur. We are proposing 
this AD to detect and correct fatigue cracks in the overlapping (upper) 
skin, upper fastener row of the lap joints of the fuselage skin in 
sections 41, 42, and 46, which could adversely affect the structural 
integrity of the airplane.

DATES: We must receive comments on this proposed AD by January 20, 
2006.

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.
     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.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for the service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Nick Kusz, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6432; 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 in the ADDRESSES section. Include the docket number ``FAA-2005-
23196; Directorate Identifier 2005-NM-187-AD'' at the beginning 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 received 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 may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    We have received a report indicating that the airplane manufacturer 
has completed extended pressure fatigue tests on 747-100SR and 747-400 
fuselage test articles. Analysis of these test results have identified 
areas of the fuselage lap joints where fatigue cracks can occur on 
Boeing Model 747-200C, -200F, -400, -400D, and -400F series airplanes. 
Fatigue cracks in the overlapping (upper) skin, upper fastener row of 
the lap joints of the fuselage skin in sections 41, 42, and 46, if not 
detected and corrected in a timely manner, could adversely affect the 
structural integrity of the airplane.

Other Relevant Rulemaking

    We have previously issued AD 94-12-04, amendment 39-8932 (59 FR 
30277, June 13, 1994), applicable to certain Boeing Model 747-100, -
200, -300, 747SP, and 747SR series airplanes. That AD requires 
repetitive inspections to detect cracking in the upper row of certain 
fuselage skin lap joints, and repair, if necessary. This proposed AD 
addresses a similar unsafe condition on a different group of airplanes 
and would not affect the current requirements of AD 94-12-04.
    We also previously issued AD 2004-07-22, amendment 39-13566 (69 FR 
18250, April 7, 2004), applicable to all Boeing Model 747 series 
airplanes. (A final rule correction was published in the Federal 
Register on May 3, 2004 (69 FR 24063)). That AD requires that the FAA-
approved maintenance inspection program be revised to include 
inspections that will give no less than the required damage tolerance 
rating for each structural significant item, and repair or cracked 
structure. The proposed AD would not affect the current requirements of 
that AD.

[[Page 72600]]

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2499, dated 
August 11, 2005. The service bulletin describes procedures for 
repetitive external surface high frequency eddy current (HFEC), 
external low frequency eddy current (LFEC), and internal LFEC 
inspections, as applicable, for cracks in the overlapping (upper) skin, 
upper fastener row of the lap joints of the fuselage skin in sections 
41, 42, and 46; and any applicable related investigative and corrective 
actions, if necessary. The related investigative actions involve doing 
open-hole HFEC inspections of the fastener holes to find the total 
crack length. The corrective actions involve repairing any cracked lap 
joint and doing open-hole HFEC inspection of the skin at all existing 
fastener locations common to the repair. The intervals for doing the 
repetitive inspections are 1,500, 2,400, or 3,000 flight cycles, 
depending on the airplane configuration. Accomplishing the actions 
specified in the service information is intended to 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. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Difference Between the Proposed AD and Service Bulletin.''

Difference Between Proposed Rule and Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing 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.

Costs of Compliance

    There are about 796 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 153 airplanes of 
U.S. registry. The proposed inspections would take about 534 work hours 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the estimated cost of the proposed AD for U.S. operators 
is $5,310,630, or $34,710 per airplane, per inspection 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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2005-23196; Directorate Identifier 2005-NM-
187-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
20, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-200C, -200F, -400, -
400D, and -400F series airplanes, certificated in any category; as 
identified in Boeing Alert Service Bulletin 747-53A2499, dated 
August 11, 2005.

Unsafe Condition

    (d) This AD results from fatigue tests and an analysis that 
identified areas of the fuselage lap joints where fatigue cracks can 
occur. We are issuing this AD to detect and correct fatigue cracks 
in the overlapping (upper) skin, upper fastener row of the lap 
joints of the fuselage skin in sections 41, 42, and 46, which could 
adversely affect the structural integrity 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.

Initial Inspections and Related Investigative and Corrective Actions

    (f) At the applicable time specified in Table 1 of this AD: Do 
an external surface high frequency eddy current (HFEC), external low 
frequency eddy current (LFEC), and internal LFEC inspections, as 
applicable, for cracks in the overlapping (upper) skin, upper 
fastener row of the lap joints of the fuselage skin in sections 41, 
42, and 46, and any applicable related investigative and corrective 
actions by doing all of the actions in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2499, dated August 11, 2005, except as provided by paragraph (h) 
of this AD. Do any applicable related investigative and corrective 
actions before further flight.

[[Page 72601]]



                    Table 1.--Initial Compliance Time
------------------------------------------------------------------------
    For airplanes on which
 Structural Significant Items
 (SSIs) F-25G, F-25H, and F-                   Inspect--
            25I--
------------------------------------------------------------------------
(1) Have not been inspected    Before the accumulation of 22,000 total
 in accordance with paragraph   flight cycles, or within 1,000 flight
 (d) of AD 2004-07-22,          cycles after the effective date of this
 amendment 39-13566, using      AD, whichever occurs later.
 the HFEC method.
(2) Have been inspected in     Within 3,000 flight cycles after the most
 accordance with paragraph      recent Supplemental Structural
 (d) of AD 2004-07-22,          Inspection Document (SSID) inspection of
 amendment 39-13566, using      each applicable structural significant
 the HFEC method.               item (as given in Boeing Document D6-
                                35022, ``SSID for Model 747 Airplanes,''
                                Revision G, dated December 2000), or
                                within 1,000 flight cycles after the
                                effective date of this AD, whichever
                                occurs later.
------------------------------------------------------------------------

Repetitive Inspections

    (g) Repeat the applicable inspections required by paragraph (f) 
of this AD thereafter at intervals not to exceed those specified in 
paragraph 1.E., ``Compliance'' (including the note) of Boeing Alert 
Service Bulletin 747-53A2499, dated August 11, 2005.

Exception to Service Bulletin Instructions

    (h) Where the service bulletin specifies to contact Boeing for 
appropriate action, before further flight, repair the crack using a 
method approved in accordance with the procedures specified in 
paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) 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 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 repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

    Issued in Renton, Washington, on November 17, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23654 Filed 12-5-05; 8:45 am]
BILLING CODE 4910-13-P