[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Pages 70857-70859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20618]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25327; Directorate Identifier 2006-NM-116-AD; 
Amendment 39-14842; AD 2006-09-06 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD) 
that applies to certain Boeing Model 747-100, 747-100B, 747-100B SUD, 
747-200B, 747-300, 747-400, 747-400D, and 747SR series airplanes. That 
AD currently requires repetitive inspections to detect cracking of 
certain lower lobe fuselage frames, and repair if necessary. This new 
AD specifies appropriate service information for certain corrective 
actions. This AD results from reports indicating that fatigue cracks 
were found in lower lobe frames on the left side of the fuselage. We 
are issuing this AD to detect and correct fatigue cracking of certain 
lower lobe fuselage frames, which could lead to fatigue cracks in the 
fuselage skin, and consequent rapid decompression of the airplane.

DATES: The effective date of this AD is June 7, 2006.
    On June 7, 2006 (71 FR 25926, May 3, 2006), the Director of the 
Federal Register approved the incorporation by reference of Boeing 
Alert Service Bulletin 747-53A2408, Revision 1, dated April 4, 2002.
    On May 5, 1999 (64 FR 15298, March 31, 1999), the Director of the 
Federal Register approved the incorporation by reference of Boeing 
Alert Service Bulletin 747-53A2408, dated April 25, 1996.

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: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; 
fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA proposed to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) with an airworthiness directive (AD) to 
revise AD 2006-09-06, amendment 39-14576 (71 FR 25926, May 3, 2006). 
The existing AD applies to certain Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR series 
airplanes. The proposed AD was published in the Federal Register on 
July 13, 2006 (71 FR 39600) to require repetitive inspections to detect 
cracking of certain lower lobe fuselage frames, and repair if 
necessary, and to specify appropriate service information for certain 
corrective actions.

Comments

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

Support for the Proposed AD

    Boeing supports the proposed AD.

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are

[[Page 70858]]

privately authored instruments generally having copyright protection 
against duplication and distribution. MARPA notes that when a service 
document is incorporated by reference into a public document, such as 
an airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA is concerned that the failure to 
incorporate essential service information could result in a court 
decision invalidating the AD.
    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under 14 CFR 21.303 (parts manufacturer approval (PMA)). MARPA 
adds that the concept of brevity is now nearly archaic as documents 
exist more frequently in electronic format than on paper. Therefore, 
MARPA asks that the service documents deemed essential to the 
accomplishment of the NPRM be incorporated by reference into the 
regulatory instrument, and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    Additionally, we do not publish service documents in DMS. We are 
currently reviewing our practice of publishing proprietary service 
information. Once we have thoroughly examined all aspects of this 
issue, and have made a final determination, we will consider whether 
our current practice needs to be revised. However, we consider that to 
delay this AD action for that reason would be inappropriate, since we 
have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Explanation of Change to Heading

    We have revised the heading, ``RESTATEMENT OF THE REQUIREMENTS OF 
AD 99-07-12, WITH ADDITIONAL INFORMATION FOR GROUP 2 AIRPLANES,'' to 
state, ``* * * WITH COMPLIANCE TIMES FOR GROUP 2 AIRPLANES.'' This 
change provides more information about the new requirements of this AD.

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 change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 681 airplanes of the affected design in the 
worldwide fleet. This AD affects about 99 airplanes of U.S. registry. 
The new requirements of this AD add no additional economic burden. The 
current costs for this AD are repeated for the convenience of affected 
operators, as follows:
    The actions in this AD take about 2 work hours per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of both the retained and new actions for U.S. operators 
is $15,840, or $160 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 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.

[[Page 70859]]

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14576 (71 FR 25926, May 3, 2006) and adding the 
following new airworthiness directive (AD):

2006-09-06 R1 Boeing: Amendment 39-14842. Docket No. FAA-2006-25327; 
Directorate Identifier 2006-NM-116-AD.

Effective Date

    (a) The effective date of this AD is June 7, 2006.

Affected ADs

    (b) This AD revises AD 2006-09-06.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B 
SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR series 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 747-53A2408, Revision 1, dated April 4, 2002.

Unsafe Condition

    (d) This AD results from reports indicating that fatigue cracks 
were found in lower lobe frames on the left side of the fuselage. We 
are issuing this AD to detect and correct fatigue cracking of 
certain lower lobe fuselage frames, which could lead to fatigue 
cracks in the fuselage skin, 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.

Restatement of the Requirements of AD 99-07-12, With Compliance Times 
for Group 2 Airplanes

Initial Inspections

    (f) For airplanes on which the initial detailed internal 
inspection of the Section 46 lower lobe frames required by paragraph 
(f)(2) or (i)(2) of AD 2005-20-30, amendment 39-14327, has not been 
accomplished: Perform a detailed visual inspection to detect 
cracking of the lower lobe fuselage frames from Body Station 1820 to 
Body Station 2100, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2408, dated 
April 25, 1996; or Boeing Alert Service Bulletin 747-53A2408, 
Revision 1, dated April 4, 2002; as applicable; at the later of the 
applicable times specified in paragraph (f)(1), (f)(2), or (f)(3) of 
this AD.
    (1) For all airplanes: Prior to the accumulation of 15,000 total 
flight cycles; or
    (2) For Group 1 airplanes identified in Revision 1 of the 
service bulletin: Within 1,500 flight cycles or 18 months after May 
5, 1999 (the effective date of AD 99-07-12, amendment 39-11097), 
whichever occurs first.
    (3) For Group 2 airplanes identified in Revision 1 of the 
service bulletin: Within 1,500 flight cycles or 18 months after June 
7, 2006, whichever occurs first.

    Note 1: Paragraphs (f)(2) and (i)(2) of AD 2005-20-30 require a 
detailed inspection to detect cracks in the Section 46 lower lobe 
frames, in accordance with Boeing Service Bulletin 747-53A2349, 
Revision 2, dated April 3, 2003. The initial inspection is required 
prior to the accumulation of 22,000 total flight cycles; or within 
1,000 flight cycles after June 11, 1993 (the effective date of AD 
93-08-12, amendment 39-8559), or November 16, 2005 (the effective 
date of AD 2005-20-30), depending on previous inspections 
accomplished; whichever occurs later.


    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspections

    (g) If no cracking is detected during the inspection required by 
paragraph (f) of this AD, repeat the inspection thereafter at 
intervals not to exceed 3,000 flight cycles.

Corrective Actions

    (h) If any cracking is detected during any inspection required 
by paragraph (f) of this AD, prior to further flight, accomplish 
paragraphs (h)(1) and (h)(2) of this AD:
    (1) Within 20 inches of the crack location on the frame, perform 
a detailed inspection of the adjacent structure to detect cracking. 
As of June 7, 2006, the detailed inspection must be done in 
accordance with Boeing Alert Service Bulletin 747-53A2408, Revision 
1, dated April 4, 2002. If any cracking is detected during any 
detailed inspection done in accordance with paragraph (f) or (h)(1) 
of this AD, prior to further flight, repair in accordance with 
paragraph (h)(1)(i) or (h)(1)(ii) of this AD, as applicable.
    (i) For Group 1 airplanes: Using a method approved in accordance 
with the procedures specified in paragraph (j) of this AD. The 
Boeing 747 Structural Repair Manual, Subject 53-10-04, Figure 67 or 
90, is one approved method.
    (ii) For Group 2 airplanes: Using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD. The Boeing 747-400 Structural Repair Manual, Subject 53-60-07, 
Repair 1 or 2, is one approved method.
    (2) Repeat the inspection required by paragraph (f) of this AD 
thereafter at intervals not to exceed 3,000 flight cycles.

Optional Terminating Inspection

    (i) Accomplishment of the initial detailed inspection of the 
Section 46 lower lobe frames required by paragraph (f)(2) or (i)(2) 
of AD 2005-20-30 constitutes terminating action for the requirements 
of this AD only for airplanes identified in Boeing Alert Service 
Bulletin 747-53A2408, Revision 1, dated April 4, 2002, as Group 1 
airplanes. Accomplishment of the initial detailed inspection of the 
Section 46 lower lobe frames required by paragraph (f) of AD 2006-
05-02 constitutes terminating action for the requirements of this AD 
only for airplanes identified in Boeing Alert Service Bulletin 747-
53A2408, Revision 1, dated April 4, 2002, as Group 2 airplanes.

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) 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) AMOCs approved previously in accordance with AD 99-07-12, 
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin 747-53A2408, 
dated April 25, 1996; or Boeing Alert Service Bulletin 747-53A2408, 
Revision 1, dated April 4, 2002; as applicable; to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise.
    (1) On June 7, 2006 (71 FR 25926, May 3, 2006), the Director of 
the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 747-53A2408, Revision 1, dated April 
4, 2002.
    (2) On May 5, 1999 (64 FR 15298, March 31, 1999), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 747-53A2408, dated April 25, 1996.
    (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 November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-20618 Filed 12-6-06; 8:45 am]
BILLING CODE 4910-13-P