[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3718-3721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1077]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25087; Directorate Identifier 2006-NM-053-AD; 
Amendment 39-14882; AD 2007-01-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Boeing Model 747 airplanes. That AD 
currently requires a one-time inspection to determine whether the outer 
cylinder of the wing landing gear has certain part numbers, and 
replacement of the outer cylinder of the wing landing gear with a new, 
improved, or reworked part if necessary. That AD also requires removal 
of the load evening system, if such a system is installed. This new AD 
requires, for certain airplanes, an additional one-time inspection to 
determine whether the outer cylinder has a certain other part number. 
For those certain airplanes, this new AD also requires replacement of 
the outer cylinder with a reworked or new, improved part and related 
investigative and corrective actions, if necessary. This AD results 
from identification of an additional unsafe part. We are issuing this 
AD to prevent fracture of the outer cylinder of the wing landing gear, 
which could result in collapse of the wing landing gear.

DATES: This AD becomes effective March 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 2, 
2007.
    On September 14, 2004 (69 FR 48359, August 10, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Service Bulletin 747-32-2472, dated November 30, 2000; and 
Boeing Service Bulletin 747-32-2131, Revision 2, dated March 15, 1974.

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: Steve Fox, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6425; 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 supersedes AD 2004-16-05, amendment 
39-13761 (69 FR 48359, August 10, 2004). The existing AD applies to all 
Boeing Model 747 airplanes. That NPRM was published in the Federal 
Register on June 21, 2006 (71 FR 35581). That NPRM proposed to continue 
to require a one-time inspection to determine whether the outer 
cylinder of the wing landing gear has certain part numbers, and 
replacement of the outer cylinder of the wing landing gear with a new, 
improved, or reworked part if necessary. That NPRM also proposed to 
require, for certain airplanes, an additional one-time inspection to 
determine whether the outer cylinder has a certain other part number. 
For those certain airplanes, that NPRM also proposed to require 
replacement of the outer cylinder with a reworked or new, improved part 
and related investigative/corrective actions, if necessary.

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.

Request To Delete Compliance Time

    Boeing requests that we revise paragraph (j) of the NPRM so that it 
reads similar to paragraph (g) of the NPRM. Boeing states that the 
compliance time of ``before further flight after the replacement'' is 
confusing; Boeing is unclear as to whether that phrase applies to a 
removed outer cylinder or to an airplane on which an

[[Page 3719]]

outer cylinder has been replaced. Boeing further states that if an 
affected part has been replaced with a reworked or new, improved part, 
then no additional work needs to be accomplished on that airplane.
    We agree that if all affected outer cylinders are replaced with 
reworked or new, improved parts, no additional work is necessary on 
that airplane. The related investigative and corrective actions that we 
described in the NPRM are instructions for reworking an outer cylinder. 
We have revised paragraph (j) of this AD to more clearly specify that 
if a reworked part is installed on an airplane, then the rework must be 
done by accomplishing all of the related investigative actions and 
applicable corrective actions in accordance with the referenced service 
bulletin. We have also deleted the compliance time for accomplishing 
those actions ``before further flight after the replacement.''

Request To Clarify Paragraph (h)

    Boeing requests that we insert the words ``and body'' after the 
word ``wing'' in paragraph (h) of the NPRM. Boeing states that the load 
evening system attaches to both the wing and body landing gears and 
that it must be removed from both.
    We agree that the proposed words clarify the requirement to remove 
the load evening system. We have revised paragraph (h) of this AD as 
requested by Boeing.

Request To Exempt Certain Airplanes

    Boeing requests that the NPRM exempt airplanes delivered after the 
effective date of this AD from the requirements of paragraphs (f) 
through (k). As justification, Boeing states that the affected outer 
cylinders would not be found on newly delivered airplanes during an 
inspection, since the affected parts are no longer in production and 
are not currently part of the type design for Model 747 airplanes. 
Boeing also states that operators have objected to ADs that require 
inspecting newly delivered airplanes for parts that are known not to 
exist on those airplanes. Boeing, however, states that because landing 
gear components are interchangeable among airplanes, paragraph (l) of 
the NPRM should still apply to all airplanes.
    We disagree. The appropriate means of excluding the newly delivered 
airplanes from the requirements of this AD is to limit the 
applicability of the AD. However, Boeing has not identified the 
production date or line number for when it ceased installing the 
affected outer cylinders in production. Further, as the commenter 
notes, all airplanes are subject to paragraph (l) of the AD. To delay 
this action would be inappropriate, since we have determined that an 
unsafe condition exists and that an inspection must be conducted to 
ensure continued safety. However, under the provisions of paragraph (m) 
of this AD, we may consider requests for approval of an alternative 
method of compliance if we are provided with the production date or 
line number of when affected outer cylinders were no longer installed 
on airplanes in production.

Request To Publish Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, the action stated in the NPRM cannot be accomplished 
without access to the referenced service information published by the 
airplane manufacturer. MARPA adds that manufacturer service documents 
are 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 AD, 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 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 section 21.303 (``Replacement and 
modification parts'') of the Federal Aviation Regulations (14 CFR 
21.303). 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.
    In regard to the commenter's request that service documents be made 
available to the public by publication in the Federal Register, we 
agree that incorporation by reference was authorized to reduce the 
volume of material published in the Federal Register and the Code of 
Federal Regulations. However, as specified in the Federal Register 
Document Drafting Handbook, the Director of the OFR decides when an 
agency may incorporate material by reference. As the commenter is 
aware, the OFR files documents for public inspection on the workday 
before the date of publication of the rule at its office in Washington, 
DC. As stated in the Federal Register Document Drafting Handbook, when 
documents are filed for public inspection, anyone may inspect or copy 
file documents during the OFR's hours of business. Further questions 
regarding publication of documents in the Federal Register or 
incorporation by reference should be directed to the OFR.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. 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. No change to 
the final rule is necessary in response to this comment.

[[Page 3720]]

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

Costs of Compliance

    There are about 1,106 Model 747 airplanes of the affected design in 
the worldwide fleet. Of those airplanes, there are about 66 Model 747-
100, 747-100B, 747-100B SUD, and 747SR series airplanes of the affected 
design in the worldwide fleet that are subject to the new actions. The 
following table provides the estimated costs, at an average labor rate 
of $80 per hour, for U.S. operators to comply with this AD.

                                                 Estimated Costs
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                                                                                         Number of
                                                                             Cost per      U.S.-
                Action                  Work hours          Parts            airplane    registered   Fleet cost
                                                                                         airplanes
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Inspection for all airplanes                     1  None.................          $80          256      $20,480
 (required by AD 2004-16-05).
Removal of the load evening system             240  $2,392...............       21,592          256    5,527,552
 (required by AD 2004-16-05).
Inspection for certain airplanes (new            1  None.................           80           21        1,680
 action).
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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 
removing amendment 39-13761 (69 FR 48359, August 10, 2004) and by 
adding the following new airworthiness directive (AD):

2007-01-10 Boeing: Amendment 39-14882. Docket No. FAA-2006-25087; 
Directorate Identifier 2006-NM-053-AD.

Effective Date

    (a) This AD becomes effective March 2, 2007.

Affected ADs

    (b) This AD supersedes AD 2004-16-05.

Applicability

    (c) This AD applies to all Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 
747-400F, 747SR, and 747SP series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from identification of an additional unsafe 
outer cylinder of the wing landing gear. We are issuing this AD to 
prevent fracture of the outer cylinder of the wing landing gear, 
which could result in collapse of the wing landing gear.

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 Requirements of AD 2004-16-05

Inspection To Determine Part Number

    (f) Within 36 months after September 14, 2004 (the effective 
date of AD 2004-16-05), perform a one-time inspection to determine 
the part number (P/N) of the outer cylinder of the wing landing gear 
on both sides of the airplane, per the Accomplishment Instructions 
of Boeing Service Bulletin 747-32-2472, dated November 30, 2000; or 
Revision 1, dated February 23, 2006. Instead of inspecting the outer 
cylinder of the wing landing gear, a review of airplane maintenance 
records is acceptable if the detailed part number of the outer 
cylinder of the wing landing gear (not just a higher-level assembly) 
can be positively determined from that review.
    (1) If no outer cylinder having P/N 65B01212-( ) (where ``( )'' 
is any dash number of that part number), 65B01430-3, or 65B01430-4 
is found: No further action is required by this paragraph.
    (2) If any outer cylinder having P/N 65B01212-( ) (where ``( )'' 
is any dash number of that part number), 65B01430-3, or 65B01430-4 
is found: Accomplish paragraph (g) of this AD.

Replacement of Outer Cylinder

    (g) For any outer cylinder identified in paragraph (f)(2) of 
this AD: Within 36 months after September 14, 2004, replace the 
outer cylinder on the wing landing gear with a new, improved part or 
a part that has been inspected and reworked per the Accomplishment 
Instructions of Boeing Service Bulletin 747-32-2472, dated

[[Page 3721]]

November 30, 2000; or Revision 1, dated February 23, 2006, except as 
provided by paragraph (k) of this AD. The rework procedures 
described in the service bulletin, if accomplished, include 
performing a one-time nital etch inspection of the upper inner 
surface of the outer cylinder for chrome plating; removing any 
chrome plating that is present; performing a one-time magnetic 
particle inspection for cracking of the outer cylinder; performing a 
nital etch inspection for heat damage of the outer cylinder; 
reworking the outer cylinder, as applicable; and marking the outer 
cylinder to indicate that the service bulletin has been 
accomplished.

Removal of the Load Evening System

    (h) For airplanes identified in Boeing Service Bulletin 747-32-
2131, Revision 2, dated March 15, 1974: Before performing the 
requirements of paragraph (g) or (j) of this AD, as applicable, 
remove the load evening system installed on the wing and body 
landing gears, per the Accomplishment Instructions of the service 
bulletin.

New Requirements of This AD

Inspection To Determine Outer Cylinder Part Number on Certain 
Airplanes

    (i) For Model 747-100, 747-100B, 747-100B SUD, and 747SR series 
airplanes: Within 36 months after the effective date of this AD, do 
a one-time inspection to determine the part number of the outer 
cylinder of the wing landing gear on both sides of the airplane, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 747-32-2472, Revision 1, dated February 23, 2006. Instead 
of inspecting the outer cylinder of the wing landing gear, a review 
of airplane maintenance records is acceptable if the detailed part 
number of the outer cylinder of the wing landing gear (not just a 
higher-level assembly) can be positively determined from that 
review.
    (1) If no outer cylinder having P/N 65B01382-( ) is found: No 
further action is required by this paragraph.
    (2) If any outer cylinder having P/N 65B01382-( ) is found: 
Accomplish paragraph (j) of this AD.

Replacement of a Certain Outer Cylinder

    (j) For any outer cylinder identified in paragraph (i)(2) of 
this AD: Within 36 months after the effective date of this AD, 
replace the outer cylinder on the wing landing gear with a new, 
improved part or with a part that has been reworked in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 747-
32-2472, Revision 1, dated February 23, 2006, as applicable; except 
as provided by paragraph (k) of this AD. The rework, if applicable, 
must be done by accomplishing all of the related investigative 
actions and applicable corrective actions in paragraph 3.B.3. of the 
Accomplishment Instructions of the service bulletin. If applicable, 
do the actions specified in paragraph (h) of this AD before 
accomplishing the actions specified in this paragraph.

Exception to Revision 1 of the Service Bulletin

    (k) Where Boeing Service Bulletin 747-32-2472, Revision 1, dated 
February 23, 2006, specifies that the related investigative and 
corrective actions may be accomplished using an operator's 
``equivalent procedure:'' The related investigative and corrective 
actions must be accomplished in accordance with the chapter(s) of 
the applicable Boeing 747 Standard Overhaul Practices Manual (SOPM) 
or Overhaul Manual (OHM) specified in the service bulletin.

Parts Installation

    (l) As of September 14, 2004, no person may install, on any 
airplane, an outer cylinder of the wing landing gear if the outer 
cylinder has P/N 65B01212-( ), 65B01430-3, or 65B01430-4, unless the 
outer cylinder has been inspected, reworked, and marked to indicate 
that Boeing Service Bulletin 747-32-2472, dated November 30, 2000; 
or Revision 1, dated February 23, 2006; has been accomplished. As of 
the effective date of this AD, no person may install an outer 
cylinder, P/N 65B01382-( ), of the wing landing gear on any 
airplane, unless the outer cylinder has been inspected, reworked, 
and marked to indicate that Boeing Service Bulletin 747-32-2472, 
Revision 1, dated February 23, 2006, has been accomplished.

Alternative Methods of Compliance (AMOCs)

    (m)(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, and the approval must specifically refer to this 
AD.
    (4) AMOCs approved previously in accordance with AD 2004-16-05 
are approved as AMOCs for the corresponding provisions of paragraphs 
(f), (g), and (h) of this AD.

Material Incorporated by Reference

    (n) You must use the service information listed in Table 1 of 
this AD, to perform the actions that are required by this AD, unless 
the AD specifies otherwise.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service Bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin 747-32-2131...  2..................................  March 15, 1974.
Boeing Service Bulletin 747-32-2472...  Original...........................  November 30, 2000.
Boeing Service Bulletin 747-32-2472...  1..................................  February 23, 2006.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Service Bulletin 747-32-2472, 
Revision 1, dated February 23, 2006, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) On September 14, 2004 (69 FR 48359, August 10, 2004), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing Service Bulletin 747-32-2472, dated November 30, 
2000; and Boeing Service Bulletin 747-32-2131, Revision 2, dated 
March 15, 1974.
    (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 December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1077 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P