[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72939-72942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23213; Directorate Identifier 2005-NM-192-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain

[[Page 72940]]

Boeing Model 757 series airplanes. The existing AD currently requires 
revising the Airworthiness Limitations Section of the maintenance 
manual (757 Airworthiness Limitations Instructions (ALI)) to 
incorporate certain inspections and compliance times to detect fatigue 
cracking of principal structural elements (PSEs). This proposed AD 
would require incorporating a new revision to the Airworthiness 
Limitations section of the Instructions of Continued Airworthiness to 
mandate certain repetitive inspections for fatigue cracking of PSEs. 
This proposed AD also would add airplanes to the applicability in the 
existing AD. This proposed AD results from a new revision to the ALI. 
We are proposing this AD to ensure that fatigue cracking of various 
PSEs is detected and corrected; such fatigue cracking could adversely 
affect the structural integrity of these airplanes.

DATES: We must receive comments on this proposed AD by January 23, 
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 service information identified in this 
proposed 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) 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 ``Docket No. 
FAA-2005-23213; Directorate Identifier 2005-NM-192-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 the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can 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

    On October 4, 2001, we issued AD 2001-20-12, amendment 39-12460 (66 
FR 52492, October 16, 2001), for certain Boeing Model 757 series 
airplanes. That AD requires revising the Airworthiness Limitations 
Section of the maintenance manual (757 Airworthiness Limitations 
Instructions (ALI)) to incorporate certain inspections and compliance 
times to detect fatigue cracking of principal structural elements 
(PSEs). That AD resulted from analysis of data that identified specific 
initial inspection thresholds and repetitive inspection intervals for 
certain PSEs to be added to the ALI. We issued that AD to ensure that 
fatigue cracking of various PSEs is detected and corrected; such 
fatigue cracking could adversely affect the structural integrity of 
these airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 2001-20-12, a new revision to the ALI has been 
issued which mandates certain inspections to meet the damage tolerance 
requirements of 14 CFR 25.571.

Relevant Service Information

    We have reviewed Section 9, ``Airworthiness Limitations and 
Certification Maintenance Requirements'' of Boeing 757 Maintenance 
Planning Data (MPD) Document D622N001-9, Revision ``June 2005.'' That 
document is the ALI of the maintenance manual to which this proposed AD 
refers. That document describes specific initial inspection thresholds 
and repetitive inspection intervals for certain PSEs (identified as 
structural significant items (SSI) in the ALI). That document 
explicitly identifies, for the first time, all of the PSEs that are to 
be inspected in accordance with the requirements of the ALI. 
Accomplishing the actions specified in the ALI 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 develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2001-20-12 and would retain the requirements of the 
existing AD. This proposed AD would also require accomplishing the 
actions specified in the service information described previously. This 
proposed AD also would add airplanes to the applicability in the 
existing AD.

Explanation of Change Made to This Proposed AD

    We have revised the ``Alternative Methods of Compliance (AMOCs)'' 
paragraph in this proposed AD to clarify the delegation authority for 
Authorized Representatives for the Boeing Commercial Airplanes 
Delegation Option Authorization.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2001-20-
12. Since AD 2001-20-12 was issued, the AD format has been revised, and 
the paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

[[Page 72941]]



                      Revised Paragraph Identifiers
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                                             Corresponding  requirement
       Requirement in AD 2001-20-12             in this  proposed AD
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Paragraph (a).............................  Paragraph (f).
Paragraph (c).............................  Paragraph (g).
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Costs of Compliance

    There are about 1,038 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 673 airplanes of 
U.S. registry.
    The actions that are required by AD 2001-20-12 and retained in this 
proposed AD take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $65 per airplane.
    The new proposed actions would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the new actions specified in this proposed AD for 
U.S. operators is $43,745, or $65 per airplane.

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 
removing amendment 39-12460 (66 FR 52492, October 16, 2001) and adding 
the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2005-23213; Directorate Identifier 2005-NM-
192-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
23, 2006.

Affected ADs

    (b) This AD supersedes AD 2001-20-12.

Applicability

    (c) This AD applies to all Boeing Model 757-200, -200PF, and -
300 series airplanes, certificated in any category.


    Note 1: This AD requires revisions to certain operator 
maintenance documents to incorporate new inspections for fatigue 
cracking of principal structural elements (PSEs). Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to incorporate the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD results from a new revision to the Airworthiness 
Limitations Section of the maintenance manual (757 Airworthiness 
Limitations Instructions (ALI)). We are issuing this AD to ensure 
that fatigue cracking of various PSEs is detected and corrected; 
such fatigue cracking could adversely affect the structural 
integrity of these airplanes.

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.

Requirements of AD 2001-20-12

Revision of Airworthiness Limitations and Certification Maintenance 
Requirements

    (f) For airplanes affected by or subject to the requirements of 
AD 2001-20-12: Within 3 years after November 20, 2001 (the effective 
date of AD 2001-20-12), revise Section 9 of the Boeing 757 
Maintenance Planning Data (MPD) Document entitled ``Airworthiness 
Limitations and Certification Maintenance Requirements (CMRs)'' to 
incorporate Subsection B. of Boeing Document D622N001-9, Revision 
``May 1997,'' or Revision ``November 1998.'' Accomplishing the 
requirements in paragraph (h) of this AD ends the requirements in 
this paragraph.

    Note 2: For the purposes of this AD, the terms Principal 
Structural Elements (PSEs) as used in this AD, and Structural 
Significant Items (SSIs) as used in Section 9 of Boeing 757 MPD 
Document, are considered to be interchangeable.

No Alternative Inspections/Inspection Intervals

    (g) Except as provided in paragraph (j) of this AD: After the 
actions required by paragraph (f) of this AD have been accomplished, 
no alternative inspections or inspection intervals shall be approved 
for the PSEs contained in Boeing Document D622N001-9, Revision ``May 
1997'' or ``November 1998.''

New Actions Required by This AD

    (h) For all airplanes: Within 36 months after the effective date 
of this AD, revise Section 9, ``Airworthiness Limitations and CMRs'' 
of the Boeing 757 MPD to incorporate Subsection B. of Boeing 
Document D622N001-9, Revision ``June 2005.'' Accomplishing the 
requirements in this paragraph ends the requirements in paragraph 
(f) of this AD.

No Alternative Inspections/Inspection Intervals

    (i) Except as provided in paragraph (j) of this AD: After the 
actions required by paragraph (h) of this AD have been accomplished, 
no alternative inspections or inspection intervals shall be approved 
for the PSEs contained in Boeing 757 MPD Document D622N001-9, 
Revision ``June 2005.''

[[Page 72942]]

Alternative Methods of Compliance (AMOCs)

    (j)(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) AMOCs approved previously in accordance with AD 2001-20-12, 
are approved as AMOCs for the corresponding provisions of this AD.
    (3) 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.
    (4) 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.

    Issued in Renton, Washington, on November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23777 Filed 12-7-05; 8:45 am]
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