[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30278-30281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4844]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23213; Directorate Identifier 2005-NM-192-AD; 
Amendment 39-14615; AD 2006-11-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Boeing Model 757 series airplanes. That 
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 
new AD requires 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, 
and adds airplanes to the applicability in the existing AD. This AD 
results from a new revision to the 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.

DATES: This AD becomes effective June 30, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 30, 2006.
    On November 20, 2001 (66 FR 52492, October 16, 2001), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing 757 Maintenance Planning Data Document, Section 9, Boeing 
Document D622N001-9, Revision ``May 1997''; and Boeing 757 Maintenance 
Planning Data Document, Section 9, Boeing Document D622N001-9, Revision 
``November 1998.''

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR

[[Page 30279]]

part 39 to include an AD that supersedes AD 2001-20-12, amendment 39-
12460 (66 FR 52492, October 16, 2001). The existing AD applies to 
certain Boeing Model 757 series airplanes. That NPRM was published in 
the Federal Register on December 8, 2005 (70 FR 72939). That NPRM 
proposed to 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 
principal structural elements (PSEs). That NPRM also proposed to add 
airplanes to the applicability in the existing AD.

Comments

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

Support for NPRM

    American Airlines states that it will comply with the requirements 
in the NPRM and has no objection or additional comments.
    United Airlines concurs with the contents of the NPRM, and adds 
that it plans to comply with the June 2005 revision of the Boeing 757 
Maintenance Planning Data (MPD) Document and will update its documents 
to incorporate that revision.

Request To Change Applicability

    Boeing asks that we add Model 757-200CB series airplanes to the 
applicability specified in the NPRM. Boeing states that Model 757-200CB 
is listed on Type Certificate Data Sheet A2NM, Revision 24, dated May 
16, 2005.
    We agree with Boeing as this AD is applicable to all Boeing Model 
757 airplanes. We find that this change does not expand the scope of 
the NPRM because no additional U.S. airplanes will be affected by this 
AD as a result of this change. We have added Model 757-200CB series 
airplanes to the applicability section of this AD accordingly.

Request for Credit for Previous/Later Approved MPD Revisions

    Continental Airlines (CAL) recommends that paragraph (h) of the 
NPRM mandate incorporation of Revision ``May 2003'' or later FAA-
approved revisions of Boeing Document D622N001-9, instead of Revision 
``June 2005.'' CAL states that Revision ``June 2005'' only incorporated 
a minor escalation of the time interval to a certain MPD item. The item 
is related to the operational check of the right Engine Indication And 
Crew Alerting System (EICAS) computer and has no bearing on any PSE. 
CAL adds that a review of the Revision ``July 2004'' changes showed 
minor typographical errors being corrected on certain MPD items. These 
items relate to the operational check of the decompression panel of the 
flight deck door, and have no relation to any PSE. CAL notes that it is 
Revision ``May 2003'' that incorporates significant changes to the 
Airworthiness Limitations--Structural Inspections.
    CAL also states that, since the release of AD 2001-20-12, Boeing 
Document D622N001-9 has been revised seven times. Since that AD 
mandated the use of Revision ``May 1997'' or Revision ``November 1998'' 
only, an alternative method of compliance (AMOC) to the AD which was 
issued by the Seattle Aircraft Certification Office (ACO) was required 
in order to incorporate a later FAA-approved revision of the Boeing 
Document. CAL adds that the AMOC requirement did not provide any added 
value, since only the Seattle ACO is allowed to revise the 
Airworthiness Limitations--Structural Inspections. CAL also refers to 
approval of later FAA-approved revisions through an AMOC they received 
for AD 2001-20-12.
    We partially agree with CAL as follows:
    As policy, we do not reference ``later-approved'' service 
information in ADs. Using the phrase ``or later FAA-approved 
revisions'' violates Office of the Federal Register regulations for 
approving materials that are incorporated by reference. However, 
affected operators may request approval to use a later revision of the 
referenced MPD Document as an AMOC under the provisions of paragraph 
(j) of this AD. In addition, as specified in paragraph (j)(1) of this 
AD, AMOCs approved previously in accordance with AD 2001-20-12 are 
approved as AMOCs for the corresponding provisions of this AD.
    We do not agree to replace Boeing 757 MPD Document, Section 9, 
``Airworthiness Limitations and CMRs,'' Subsection B., of Boeing 
Document D622N001-9, Revision ``June 2005'' with Revision ``May 2003.'' 
However, since Revision ``May 2003'' includes all significant changes 
that are in Revision ``June 2005,'' we have added Revision ``May 2003'' 
to paragraph (h) of this AD as an acceptable method of compliance for 
revising the MPD.

Revise Paragraph (f) of the NPRM

    US Airways asks that the language specified in paragraph (f) of the 
NPRM be changed to require that operators incorporate the changes to 
Boeing 757 MPD Document, Section 9, ``Airworthiness Limitations and 
CMRs,'' Subsection B., of Boeing Document D622N001-9, Revision ``May 
1997'' or Revision ``November 1998.'' U.S. Airways states that, 
operators cannot revise the MPD Document specified in paragraph (f), 
only Boeing can make such revisions with FAA approval. U.S. Airways 
states that, as an operator, they can only incorporate the changes into 
their Boeing 757 maintenance program to comply with the published 
requirements of the subject MPD Document Airworthiness Limitations.
    We do not agree with U.S. Airways. The airworthiness limitations, 
like the operating limitations, are a part of the type certificate for 
an airplane. Once an airworthiness certificate is issued for an 
airplane certifying that it conforms to an approved type design, this 
design is ``locked'' in the sense that the manufacturer cannot 
unilaterally change it for the subject airplane. Therefore, when the 
manufacturer makes any subsequent changes to the type certificate, 
including changes to the operating or airworthiness limitations, those 
changes are legally required only for products that are submitted for 
airworthiness certification based on a showing of conformity to the 
later design.
    Thus, for many years, we have imposed operating restrictions that 
are necessary to address identified unsafe conditions by requiring 
revisions to the operating limitations section of the Airplane Flight 
Manual (AFM). (Revision of the AFM by the type certificate holder would 
be effective only for airplanes produced after that revision.) 
Similarly, Boeing's revision to the ALI was effective only for 
airplanes later certificated with those revisions included in their 
type certificate. For this reason, as stated in the NPRM, we must 
engage in rulemaking (i.e., issuance of an AD), in order to make the 
revisions mandatory for previously certificated airplanes.
    While the ALIs are contained in a ``Boeing document'' in the sense 
that Boeing originally produced it, the document, nevertheless, is a 
part of the instructions for continued airworthiness that operators 
must use to maintain the airplane properly. As explained in the NPRM, 
the effect of requiring that the document be revised to incorporate the 
current version of the ALI is that, in accordance with 14 CFR part 
91.403(c), operators are then required to comply with those 
limitations. This is analogous to the effect of requiring a revision to 
the operating limitations: In accordance with 14 CFR part 91.9(a), 
operators are

[[Page 30280]]

required to comply with the revised operating limitations.
    Of course, those operators that have previously revised the ALI (or 
incorporated the revision into their maintenance programs) are given 
credit for having previously accomplished the requirements of this AD, 
as allowed by paragraph (e) of this AD. The legal effect is the same: 
The operator is required to comply with the limitations per 14 CFR part 
91.403(c). We have made no change to the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 1,038 airplanes of the affected design in the 
worldwide fleet. This AD affects about 673 airplanes of U.S. registry.
    The actions that are required by AD 2001-20-12, and retained in 
this 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 actions 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 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 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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12460 (66 FR 52492, October 16, 2001) and by 
adding the following new airworthiness directive (AD):

2006-11-11 Boeing: Amendment 39-14615. Docket No. FAA-2005-23213; 
Directorate Identifier 2005-NM-192-AD.

Effective Date

    (a) This AD becomes effective June 30, 2006.

Affected ADs

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

Applicability

    (c) This AD applies to all Boeing Model 757-200, -200PF, -200CB, 
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 Model 757 series airplanes having line numbers 1 through 
764 inclusive, and 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 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

[[Page 30281]]

CMRs'' of the Boeing 757 MPD Document to incorporate Subsection B. 
of Boeing Document D622N001-9, Revision ``May 2003;'' or Revision 
``June 2005,'' as applicable. 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 ``May 2003'' or Revision ``June 2005.''

Alternative Methods of Compliance (AMOCs)

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

Material Incorporated by Reference

    (k) The actions required by this AD shall be done in accordance 
with Boeing 757 Maintenance Planning Data Document, Section 9, 
``Airworthiness Limitations and Certification Maintenance 
Requirements,'' Subsection B. of Boeing Document D622N001-9, 
Revision ``May 2003;'' Boeing 757 Maintenance Planning Data 
Document, Section 9, ``Airworthiness Limitations and Certification 
Maintenance Requirements,'' Subsection B. of Boeing Document 
D622N001-9, Revision ``June 2005;'' Boeing 757 Maintenance Planning 
Data Document, Section 9, Boeing Document D622N001-9, Revision ``May 
1997;'' or Boeing 757 Maintenance Planning Data Document, Section 9, 
Boeing Document D622N001-9, Revision ``November 1998;'' as 
applicable; unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing 757 Maintenance Planning Data 
Document, Section 9, ``Airworthiness Limitations and Certification 
Maintenance Requirements,'' Subsection B. of Boeing Document 
D622N001-9, Revision ``May 2003;'' and Boeing 757 Maintenance 
Planning Data Document, Section 9, ``Airworthiness Limitations and 
Certification Maintenance Requirements,'' Subsection B. of Boeing 
Document D622N001-9, Revision ``June 2005;'' in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On November 20, 2001 (66 FR 52492, October 16, 2001), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing 757 Maintenance Planning Data Document, Section 
9, Boeing Document D622N001-9, Revision ``May 1997;'' and Boeing 757 
Maintenance Planning Data Document, Section 9, Boeing Document 
D622N001-9, Revision ``November 1998.''
    (3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 15, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4844 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P