[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58485-58487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16197]



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  Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / 
Rules and Regulations  

[[Page 58485]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24697; Directorate Identifier 2006-NM-045-AD; 
Amendment 39-14781; AD 2006-20-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200PF, and -
200CB Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This 
AD requires doing initial and repetitive detailed or high frequency 
eddy current inspections for cracks around the rivets at the upper 
fastener row of the skin lap splice of the fuselage, and repairing any 
crack found. This AD results from a report indicating that certain 
rivets were incorrectly installed in some areas of the skin lap splices 
during production because they were drilled with a countersink that was 
too deep. We are issuing this AD to detect and correct premature 
fatigue cracking at certain skin lap splice locations of the fuselage, 
and consequent rapid decompression of the airplane.

DATES: This AD becomes effective November 8, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 8, 
2006.

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 the 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 98057-3356; 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 part 39 to include an AD that would apply to certain Boeing Model 
757-200, -200PF, and -200CB series airplanes. That NPRM was published 
in the Federal Register on May 9, 2006 (71 FR 26875). That NPRM 
proposed to require doing initial and repetitive detailed or high 
frequency eddy current (HFEC) inspections for cracks around the rivets 
at the upper fastener row of the skin lap splice of the fuselage, and 
repairing any crack found.

Comments

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

Support for NPRM

    American Airlines agrees with the NPRM and has no further comment 
at this time.

NPRM Not Applicable

    Continental Airlines states that, based on the effectivity, the 
NPRM is not applicable to its 757 fleet.

Request To Add Credit for Alternate Inspections

    Northwest Airlines (NWA) and Air Transport Association (ATA), on 
behalf of member airlines, ask that, to avoid unnecessary processing of 
an alternative method of compliance (AMOC), credit be allowed in this 
AD for accomplishing the lap splice inspections specified in Boeing 
Special Attention Service Bulletin 757-53-0090, dated June 2, 2005 
(referenced in the NPRM as the source of service information for 
accomplishing the required actions). NWA states that paragraph 1.F. of 
the referenced service bulletin specifies that the lap splice 
inspections are approved as an AMOC to AD 2001-20-12, amendment 39-
12460 (66 FR 52492, October 16, 2001) for the significant structural 
item (SSI) inspections. NWA adds that AD 2006-11-11, amendment 39-14615 
(71 FR 30278, May 26, 2006) supersedes AD 2001-20-12.
    We agree with the commenters. Accomplishing the requirements in 
paragraph (f) of AD 2006-11-11 terminates the requirements in paragraph 
(f) of this AD. We have added a new paragraph (i)(4) to this AD to 
specify that the inspections in the referenced service bulletin were 
approved as an AMOC to AD 2006-11-11.

Request To Revise Service Information

    US Airways and ATA, on behalf of member airlines, recommend that, 
prior to release of a final rule, published repair information be 
provided in a subsequent revision to the referenced service bulletin or 
the Boeing 757-200 Structural Repair Manual (SRM). U.S. Airways states 
that published FAA-approved repair data as a means of compliance to the 
proposed rule will reduce the administrative burden of processing AMOCs 
between the operator and the Boeing Commercial Airplanes Delegation 
Option Authorization Organization. U.S. Airways adds that providing 
repair data in advance of the release of the final rule will result in 
expedited repairs and return airplanes to revenue service in a timely 
manner.
    We partially agree with the commenters. Having all repair 
procedures in one place can be simpler for operators, but there is no 
repair method defined as yet, and we do not know if or when Boeing will 
revise its

[[Page 58486]]

service bulletin or SRM. Waiting to include a revised service bulletin 
or SRM in this action would delay addressing an unsafe condition. 
Therefore, we have made no change to the AD in this regard.

Clarify Description of Production Rivets

    Boeing asks that we clarify the description of the production 
rivets installed in the skin lap splices by deleting ``modified'' when 
describing the rivets. Boeing states that the production rivets are 
commonly referred to as ``Briles'' rivets, and are manufactured with a 
120-degree, modified shear head. Boeing notes that the current wording 
implies that the rivets were modified before installation on the 
aircraft.
    We acknowledge Boeing's request for clarification. We have changed 
the description in the Summary section and in paragraph (d) of this AD 
as follows: ``This AD results from a report indicating that certain 
rivets were incorrectly installed in some areas of the skin lap splices 
during production because they were drilled with a countersink that was 
too deep.'' The Discussion section of the NPRM preamble does not 
reappear in the final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comments 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 294 airplanes of the affected design in the 
worldwide fleet. This AD affects about 160 airplanes of U.S. registry. 
The following tables provide the estimated costs for U.S. operators to 
comply with either the detailed or HFEC inspections in this AD.

----------------------------------------------------------------------------------------------------------------
                                                                               Average hourly       Cost per
                      Airplane group                           Work hours        labor rate         airplane
----------------------------------------------------------------------------------------------------------------
                          Estimated Costs for Detailed Inspection, per Inspection Cycle
----------------------------------------------------------------------------------------------------------------
Group 1...................................................                 7               $80              $560
Group 2...................................................                 6                80               480
Group 3...................................................                12                80               960
Group 4...................................................                10                80               800
----------------------------------------------------------------------------------------------------------------
                            Estimated Costs for HFEC Inspection, per Inspection Cycle
----------------------------------------------------------------------------------------------------------------
Group 1...................................................                12                80               960
Group 2...................................................                11                80               880
Group 3...................................................                20                80             1,600
Group 4...................................................                15                80             1,200
----------------------------------------------------------------------------------------------------------------

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 
adding the following new airworthiness directive (AD):

2006-20-11 Boeing: Amendment 39-14781. Docket No. FAA-2006-24697; 
Directorate Identifier 2006-NM-045-AD.

Effective Date

    (a) This AD becomes effective November 8, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200PF, and -200CB 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 
2005.

Unsafe Condition

    (d) This AD results from a report indicating that certain rivets 
were incorrectly installed in some areas of the skin lap splices 
during production because they were drilled with a

[[Page 58487]]

countersink that was too deep. We are issuing this AD to detect and 
correct premature fatigue cracking at certain skin lap splice 
locations of the fuselage and consequent 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.

Initial and Repetitive Inspections

    (f) Do initial and repetitive detailed or high frequency eddy 
current inspections for cracking around the rivets at the upper 
fastener row of the skin lap splice of the fuselage by doing all the 
actions in accordance with the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, 
except as provided by paragraphs (g) and (h) of this AD. Do the 
inspections at the applicable times specified in Paragraph 1.E., 
``Compliance,'' of the service bulletin; except where the service 
bulletin specifies a compliance time after the original release date 
of the service bulletin, this AD requires compliance after the 
effective date of this AD.

Repair

    (g) If any crack is found during any inspection required by this 
AD: Before further flight, repair the crack using a method approved 
in accordance with the procedures specified in paragraph (i) of this 
AD.

No Reporting Required

    (h) Although Boeing Special Attention Service Bulletin 757-53-
0090, dated June 2, 2005, recommends that inspection results be 
reported to the manufacturer, this AD does not include that 
requirement.

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.
    (4) The inspections specified in paragraph (f) of this AD are 
approved as an AMOC to paragraph (h) of AD 2006-11-11, amendment 39-
14615 for the inspections of Significant Structural Item (SSI) 53-
30-07 and 53-60-07 (fuselage lap splices, left and right upper 
fastener row) listed in the May 2003 or June 2005 revision of the 
Boeing 757 Maintenance Planning Data (MPD) Document D622N001-9. This 
AMOC applies only to the common areas inspected in accordance with 
Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 
2005. All provisions of AD 2006-11-11 that are not specifically 
referenced in the above statements remain fully applicable and must 
be complied with as required by this AD. Operators may revise their 
FAA-approved maintenance or inspection program with these 
alternative inspections for common areas.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 757-
53-0090, dated June 2, 2005, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
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 September 22, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-16197 Filed 10-3-06; 8:45 am]
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