[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66657-66661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23734; Directorate Identifier 2005-NM-174-AD; 
Amendment 39-14827; AD 2006-23-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757 airplanes. This AD requires installing a 
control wheel damper assembly at the first officer's drum bracket 
assembly and aileron quadrant beneath the flight deck floor in section 
41; doing a functional test and adjustment of the new installation; and 
doing related investigative/corrective actions if necessary. For 
certain airplanes, this AD also requires doing an additional adjustment 
test of the re-located control wheel position sensor, and an 
operational test of the flight data recorder and the digital flight 
data acquisition unit. This AD also requires installing vortex 
generators (vortilons) on the leading edge of the outboard main flap on 
certain airplanes. This AD results from several reports that 
flightcrews experienced unintended roll oscillations during final 
approach, just before landing. We are issuing this AD to prevent 
unintended roll oscillations near touchdown, which could result in loss 
of directional control of the airplane, and consequent airplane damage 
and/or injury to flightcrew and passengers.

DATES: This AD becomes effective December 21, 2006.

[[Page 66658]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 21, 
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 service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: John Neff, Aerospace Engineer, Flight 
Test Branch, ANM-160S, FAA, Seattle Aircraft Certification Office, 1601 
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6521; 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 airplanes. That NPRM was published in the Federal Register on 
January 31, 2006 (71 FR 5021). That NPRM proposed to require installing 
a control wheel damper assembly at the first officer's drum bracket 
assembly and aileron quadrant beneath the flight deck floor in section 
41; doing a functional test and adjustment of the new installation; and 
doing related investigative/corrective actions if necessary. For 
certain airplanes, that NPRM also proposed to require doing an 
additional adjustment test of the re-located control wheel position 
sensor, and an operational test of the flight data recorder and the 
digital flight data acquisition unit. That NPRM also proposed to 
require installing vortex generators (vortilons) on the leading edge of 
the outboard main flap on certain airplanes.

Comments

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

Support for the NPRM

    American Airlines supports the NPRM.

Requests To Change Compliance Time

    Air Line Pilots Association (ALPA) supports the intent of the NPRM, 
but feels that the 24-month compliance time should be reduced. ALPA 
states that, given the serious consequences of unintended roll 
oscillations near the ground, a shorter compliance time should be 
imposed.
    Air Transport Association (ATA), on behalf of US Airways and United 
Airlines, requests that we lengthen the compliance time from 24 months 
to the later of 36 months or the next heavy maintenance check. ATA 
states that the NPRM would impose more work and elapsed hours than 
stated in the preamble of the NPRM and would require operational tests 
after certain modifications, and that the accomplishment would be 
constrained by long production lead times for vortex generators. 
Further, ATA states that the manufacturer's service instructions 
recommend compliance within 36 months. US Airways comments that a 
longer compliance time is appropriate because of the long lead time for 
getting the vortex generator installation kits (40 weeks, as stated in 
Boeing Alert Service Bulletin 757-57A0058, Revision 1, dated January 
10, 2002).
    We disagree. In developing the compliance time for this AD action, 
we considered not only the safety implications of the identified unsafe 
condition, but also the average utilization rate of the affected fleet, 
the practical aspects of an orderly modification of the fleet, the 
availability of required parts, and the time necessary for the 
rulemaking process. After the release of Boeing Alert Service Bulletin 
757-57A0058, Revision 1 (which was referenced in the NPRM as an 
appropriate source of service information for accomplishing certain 
required actions), we came to an agreement with Boeing that a 
compliance time of 24 months was appropriate. When we notified Boeing 
of this NPRM, Boeing increased the procurement of the vortex generator 
installation kits to ensure an adequate supply to support the proposed 
compliance time. Therefore, we have determined that the compliance 
time, as proposed, represents the maximum interval of time allowable 
for the affected airplanes to continue to safely operate before the 
installations are done. In addition, since maintenance schedules vary 
among operators, we could not assure that the airplanes would be 
modified during that maximum interval if we changed the compliance time 
to incorporate the heavy maintenance visit. We have not changed the AD 
in this regard.

Request To Include Part Number (P/N) Change for Vortex Generators

    America West states that the NPRM does not include a change in P/N 
after installation of vortex generators in accordance with paragraph 
(f)(2) of the NPRM. America West points out that this could result in 
the installation of pre-modification outboard main flaps on post-
modification airplanes. America West recommends that Boeing revise 
Boeing Alert Service Bulletin 757-57A0058, Revision 1, to include a 
change in P/N; and that the NPRM be revised to prohibit installation of 
pre-modification flaps on an airplane after it has been brought into 
compliance with the AD.
    We disagree. Determining whether or not an airplane is in 
compliance with the vortex generator installation can be confirmed 
easily by visual inspection, on or off the wing. Therefore, we 
determined that renumbering the flap assembly is an unnecessary burden 
to the manufacturer and to the operators of the affected airplanes, as 
the part marking, drawings, and other documentation would have to be 
revised as well. Boeing agrees that the renumbering is unnecessary. In 
addition, section 39.7 of the Federal Aviation Regulations (14 CFR 
39.7) prohibits operation of an aircraft that is not in compliance with 
an AD. Therefore, it is not necessary to include the specified 
prohibition in the AD. We have not changed the AD in this regard.

Request To Clarify Differences Paragraph

    Boeing and UPS both request that we clarify the third paragraph in 
the section of the NPRM titled ``Differences Between the Proposed AD 
and the Service Bulletins.'' That paragraph states:

    ``Although Boeing Alert Service Bulletin 757-27A0146 and Boeing 
Alert Service Bulletin 757-27A0147 specify that operators may 
contact the manufacturer if a just-installed (new) wheel damper does 
not function properly, this proposed AD would require operators to 
correct that condition according to a method approved by the FAA.''

    Boeing also states that clarification is needed because customers 
have asked if Boeing is about to revise the existing service bulletins 
referenced in the NPRM to incorporate possible

[[Page 66659]]

alternative modifications. Other customers have asked Boeing if the FAA 
will be adding another requirement to the AD that is not currently in 
the NPRM regarding the replacement of a damper assembly.
    UPS asks that, if possible, we provide additional information on 
the approved method that we are considering to correct any problems 
with the newly installed damper. UPS suggests that, if we are 
considering a requirement to install a new damper and/or flight tests 
to certify the installation, we include these specifics and have a new 
comment period after the specific actions have been defined.
    We agree that the paragraph Boeing quoted needs clarification. 
However, since that section of the preamble does not reappear in the 
final rule, we have instead changed the following to provide 
clarification:
     We have changed the ``Interim Action'' section of the AD 
to specify that no additional fixes have been identified; however, as 
investigation into the unsafe condition continues, additional fixes may 
be deemed necessary in the future.
     We have revised paragraph (f)(1) of the AD to specify 
that, if a just-installed (new) wheel damper does not function 
properly, operators should correct the condition in accordance with the 
procedures specified in paragraph (i) of the AD, Alternative Methods of 
Compliance (AMOCs). An AMOC for this condition could include removing 
the defective part and returning the airplane to the original 
configuration, or securing the installation in a method acceptable to 
us until the affected part can be replaced or repaired within the 
compliance time of the AD.

Request To Revise Parts Installation Paragraph

    Boeing requests that we change paragraph (g), ``Parts 
Installation,'' of the NPRM to allow operators that have not yet 
performed the new damper installation to replace any part for the 
existing control wheel position installation during the initial 24-
month compliance time. Boeing explains that if an operator needs to 
replace an existing control wheel position sensor installation before 
the service bulletin kit can be delivered, they would appear to be out 
of compliance in just repairing the airplane to the as-delivered 
condition. Boeing suggests revising paragraph (g) to include these 
words, ``After the incorporation of the wheel damper assembly to comply 
with this AD * * *.''
    We agree that operators may continue to install the existing 
affected parts and assemblies until the airplane is modified to bring 
it into compliance with this AD. Therefore, we find that the Parts 
Installation paragraph is not necessary, and we have removed that 
paragraph and reidentified the following paragraphs accordingly.

Request To Include Cost for ``Lost Time''

    United Airlines states that Boeing Alert Service Bulletins 757-
27A0146, dated October 14, 2004; and 757-57A0058, Revision 1, dated 
January 10, 2002, state that no ``lost time'' work hours are included 
in the cost estimates in the NPRM. United Airlines states that, if the 
tasks specified in the service bulletins are accomplished during non-
routine maintenance, then lost-time hours must be included in the cost 
estimates, and unscheduled downtime must also be considered in those 
cost estimates. If lost time is included, United Airlines states that 
the total work hours would increase to approximately 31 total work 
hours and 19 elapsed-time hours. In addition, United Airlines states 
that unscheduled downtime for accomplishing the required tasks is 
estimated to cost $35,000 per day. United Airlines estimates the 
additional cost for accomplishing both service bulletins during an 
unscheduled maintenance visit to be $36,000 per day. Therefore, United 
Airlines requests that the cost estimates be updated to reflect the 
work accomplished for both service bulletins.
    We disagree. The cost information below describes only the direct 
costs of the specific actions required by the AD. The manufacturer 
provided us with the number of work hours necessary to do the required 
actions based on the best data available. This number represents the 
time necessary to perform only the actions actually required by the AD. 
We recognize that, in doing the actions required by an AD, operators 
may incur incidental costs in addition to the direct costs. The cost 
analysis in AD rulemaking actions, however, typically does not include 
incidental costs such as the time required to gain access and close up, 
time necessary for planning, or time necessitated by other 
administrative actions. Those incidental costs, which may vary 
significantly among operators, are almost impossible to calculate. We 
have not changed the AD in this regard.

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. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
investigating an additional modification that may further reduce or 
eliminate the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, we may consider 
additional rulemaking. Should any additional modification be required 
as a result of further rulemaking activities, that modification would 
be in addition to, not a replacement for, the modifications required by 
this AD.

Costs of Compliance

    There are about 1,036 airplanes of the affected design in the 
worldwide fleet and about 629 U.S.-registered airplanes. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD. Not all of the required actions must be done on all U.S.-
registered airplanes.

                                                                     Estimated Costs
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                                                           Average                                                    Number  of
                                                            labor                                                       U.S.-
               Action                     Work hours       rate per           Parts            Cost per  airplane     registered        Fleet cost
                                                             hour                                                     airplanes
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Install control wheel damper         9 to 11............        $65  $7,640 to $10,550.....  $8,225 to $11,265.....          578  $4,754,050 to
 assembly, and do functional test                                                                                                  $6,511,170.
 (Model 757-200, -200PF, and -200CB
 series airplanes).
Install control wheel damper         15.................         65  $10,550...............  $11,525...............           51  $587,775.
 assembly, and do functional test
 (Model 757-300 series airplanes).

[[Page 66660]]

 
Install vortex generators (Model     10.................         65  $3,336................  $3,986................          527  $2,100,622.
 757-200, -200PF, and -200CB series
 airplanes).
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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):

2006-23-15 Boeing: Amendment 39-14827. Docket No. FAA-2006-23734; 
Directorate Identifier 2005-NM-174-AD.

Effective Date

    (a) This AD becomes effective December 21, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 757-200, -200PF, -200CB, and -300 
series airplanes, certificated in any category; as identified in the 
applicable service bulletin or bulletins in Table 1 of this AD.

                                                           Table 1.--Boeing Service Bulletins
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   Boeing Alert Service Bulletin             Revision                  Date                                          Model
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757-27A0146........................  Original...............  October 14, 2004......  757-200, -200PF, and -200CB series airplanes.
757-27A0147........................  Original...............  October 14, 2004......  757-300 series airplanes.
757-57A0058........................  1......................  January 10, 2002......  757-200, -200PF, and -200CB series airplanes.
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Unsafe Condition

    (d) This AD results from several reports that flightcrews 
experienced unintended roll oscillations during final approach, just 
before landing. We are issuing this AD to prevent unintended roll 
oscillations near touchdown, which could result in loss of 
directional control of the airplane, and consequent airplane damage 
and/or injury to flightcrew and passengers.

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.

Installations

    (f) Within 24 months after the effective date of this AD, do the 
actions in paragraphs (f)(1) and (f)(2) of this AD, as applicable.
    (1) For all airplanes: Install a control wheel damper assembly 
at the first officer's drum bracket assembly and aileron quadrant 
beneath the flight deck floor in section 41; and do all applicable 
functional and operational tests and adjustments of the new 
installation, and all applicable related investigative/corrective 
actions before further flight after the installation. Do all actions 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 757-27A0146, dated October 14, 2004 (for Model 757-
200, -200PF, and -200CB series airplanes); or Boeing Alert Service 
Bulletin 757-27A0147, dated October 14, 2004 (for Model 757-300 
series airplanes). Where Boeing Alert Service Bulletin 757-27A0146 
specifies to contact Boeing if a just-installed (new) wheel damper 
does not function properly, correct that condition in accordance 
with the procedures in paragraph (i) of this AD.
    (2) For Model 757-200, -200PF, and -200CB series airplanes: 
Install vortex generators (vortilons) on the leading edge of the 
outboard main flap in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-57A0058, Revision 
1, dated January 10, 2002.

Actions Accomplished in Accordance With Previous Revision of Service 
Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Special Attention Service Bulletin 757-57-
0058, dated March 9, 2000, are acceptable for

[[Page 66661]]

compliance with the actions in paragraph (f)(2) of this AD.

No Reporting Required

    (h) Although the Accomplishment Instructions of Boeing Alert 
Service Bulletin 757-27A0146 and Boeing Alert Service Bulletin 757-
27A0147, both dated October 14, 2004, describe procedures for 
submitting a sheet recording accomplishment of the service bulletin, 
this AD does not require that action.

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.

Material Incorporated by Reference

    (j) You must use the service information in Table 2 of this AD 
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 these documents 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.

                                  Table 2.--Material Incorporated by Reference
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       Boeing Alert Service Bulletin                   Revision level                          Date
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757-27A0146................................  Original..........................  October 14, 2004.
757-27A0147................................  Original..........................  October 14, 2004.
757-57A0058................................  1.................................  January 10, 2002.
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    Issued in Renton, Washington, on October 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19164 Filed 11-15-06; 8:45 am]
BILLING CODE 4910-13-P