[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Rules and Regulations]
[Pages 11347-11349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3928]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0226; Directorate Identifier 2008-NM-016-AD; 
Amendment 39-15404; AD 2008-05-10]
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; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain Boeing Model 757-200, -200PF, and -200CB 
series airplanes powered by Rolls-Royce engines. The existing AD 
currently requires repetitive inspections of the shim installation 
between the vertical flange and bulkhead, and repair if necessary. The 
existing AD also requires, for certain airplanes, an inspection for 
cracking of the four critical fastener holes in the horizontal flange, 
and repair if necessary. This new AD retains the requirements of the 
existing AD, and requires that the existing action be performed on 
airplanes without conclusive records of previous inspections. This AD 
results from our determination that an operator did not maintain 
records of previous inspections that are necessary to determine the 
appropriate corrective actions. We are issuing this AD to detect and 
correct cracks, loose and broken bolts, and shim migration in the joint 
between the aft torque bulkhead and the strut-to-diagonal brace 
fitting, which could result in damage to the strut and consequent 
separation of the strut and engine from the airplane.

DATES: This AD becomes effective March 18, 2008.
    On August 24, 2007 (72 FR 44753, August 9, 2007), the Director of 
the Federal Register approved the incorporation by reference of Boeing 
Alert Service Bulletin 757-54A0047, Revision 3, dated June 27, 2007.
    We must receive any comments on this AD by May 2, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jason Deutschman, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6449; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    On July 31, 2007, we issued AD 2007-16-13, amendment 39-15152 (72 
FR 44753, August 9, 2007). That AD applies to certain Boeing Model 757-
200, -200PF, and -200CB series airplanes powered by Rolls-Royce 
engines. That AD requires repetitive inspections of the shim 
installation between the vertical flange and bulkhead, and repair if 
necessary. That AD also requires, for certain airplanes, an inspection 
for cracking of the four critical fastener holes in the horizontal 
flange, and repair if necessary. That AD resulted from reports of 
cracking in the pylon under bolts that appear to be undamaged during 
the existing AD inspections. The actions specified in that AD are 
intended to detect and correct cracks, loose and broken bolts, and shim 
migration in the joint between the aft torque bulkhead and the strut-
to-diagonal brace fitting, which could result in damage to the strut 
and consequent separation of the strut and engine from the airplane.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that some operators 
have not maintained records of findings (positive or negative) beyond 
one year of inspections conducted in accordance with AD 2007-16-13 or 
AD 2005-12-04 (which AD 2007-16-13 superseded). Therefore, there is no 
way to determine conclusively what the findings were during previous 
inspections. Inspection findings during previous inspections are 
necessary to determine what additional corrective actions need to be 
taken in order to adequately address the unsafe condition identified in 
this AD. This AD has new requirements for these airplanes that do not 
have records of findings during previous inspections.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to supersede AD 2007-16-13. This new AD retains the 
requirements of the existing AD. This AD also requires that the 
existing requirements be performed on airplanes for which there are no 
conclusive records of previous inspections.

FAA's Justification and Determination of the Effective Date

    We are issuing this AD to detect and correct cracks, loose and 
broken bolts, and shim migration in the joint between the aft torque 
bulkhead and the strut-to-diagonal brace fitting. These conditions 
could result in damage to the strut and consequent separation of the 
strut and engine from the airplane. Because of our requirement to 
promote safe flight of civil aircraft and thus, the critical need to 
ensure the structural integrity of the aft torque bulkhead and the 
strut-to-diagonal brace fitting for the engine strut and the short 
compliance time involved with this action, this AD must be issued 
immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find that notice and opportunity for prior 
public comment hereon are impracticable and that good

[[Page 11348]]

cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-0226; Directorate Identifier 2008-NM-016-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 part 39 of the Federal Aviation Regulations (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]

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2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-15152 (72 FR 44753, August 9, 2007) and adding 
the following new airworthiness directive (AD):

2008-05-10 Boeing: Docket No. FAA-2008-0226; Directorate Identifier 
2008-NM-016-AD; Amendment 39-15404.

Effective Date

    (a) This AD becomes effective March 18, 2008.

Affected ADs

    (b) This AD supersedes AD 2007-16-13. Accomplishing the actions 
specified in this AD terminates certain requirements of AD 2004-12-
07, amendment 39-13666.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200PF, and -200CB 
series airplanes; certificated in any category; line numbers 1 
through 1048 inclusive; powered by Rolls-Royce engines.

Unsafe Condition

    (d) This AD results from our determination that an operator did 
not maintain records of previous inspections that are necessary to 
determine the appropriate corrective actions. We are issuing this AD 
to detect and correct cracks, loose and broken bolts, and shim 
migration in the joint between the aft torque bulkhead and the 
strut-to-diagonal brace fitting, which could result in damage to the 
strut and consequent separation of the strut and engine from 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 2007-16-13

Service Bulletin Reference

    (f) The term ``alert service bulletin,'' as used in this AD, 
means Boeing Alert Service Bulletin 757-54A0047, Revision 3, dated 
June 27, 2007.

One-Time Inspection and Repair

    (g) For airplanes identified in paragraphs (g)(1) and (g)(2) of 
this AD: Within 90 days after August 24, 2007 (the effective date of 
AD 2007-16-13), do a high frequency eddy current (HFEC) inspection 
for cracking of the four critical fastener holes in the horizontal 
flange and, before further flight, do all applicable repairs, in 
accordance with Part IV of the Accomplishment Instructions of the 
alert service bulletin, except as required by paragraph (k) of this 
AD.
    (1) Airplanes on which findings on the horizontal or vertical 
fasteners or the shims led to a rejection of any fastener during the 
actions specified in Boeing Alert Service Bulletin 757-54A0047, 
dated November 13, 2003; or Boeing Service Bulletin 757-54A0047, 
Revision 1, dated March 24, 2005.
    (2) Airplanes that had equivalent findings prior to Boeing Alert 
Service Bulletin 757-54A0047, dated November 13, 2003, except for 
findings on airplanes identified as Group 1, Configuration 2, in the 
alert service bulletin that were prior to the incorporation of 
Boeing Service Bulletin 757-54-0035.

Repetitive Inspections and Repair

    (h) At the applicable times specified in paragraph 1.E., 
``Compliance,'' of the alert service bulletin, except as required by 
paragraphs (i) and (j) of this AD: Do the inspections specified in 
paragraphs (h)(1), (h)(2), and (h)(3) of this AD and, before further 
flight, do all applicable related investigative actions and repairs, 
by doing all the actions specified in Parts I and II of the 
Accomplishment Instructions of the alert service bulletin, except as 
required by paragraph (k) of this AD.
    (1) Do detailed inspections of the shim installations between 
the vertical flange and bulkhead to determine if there are signs of 
movement.
    (2) Do detailed inspections of the four fasteners in the 
vertical flange to determine if there are signs of movement or if 
there are gaps under the head or collar.
    (3) Do detailed inspections of the fasteners that hold the strut 
to the horizontal flange of the strut-to-diagonal brace fitting to 
determine if there are signs of movement or if there are gaps under 
the head or collar.

Exceptions To Alert Service Bulletin Procedures Specified in Paragraph 
(l)(2) of this AD

    (i) Where the alert service bulletin specifies a compliance time 
relative to ``the date on

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this service bulletin,'' this AD requires compliance within the 
corresponding specified time relative to August 24, 2007.
    (j) Where the alert service bulletin specifies a compliance time 
relative to the ``date of issuance of airworthiness certificate,'' 
this AD requires compliance within the corresponding time relative 
to the date of issuance of the original standard airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness.
    (k) If any crack is found during any inspection required by this 
AD, and the alert service bulletin specifies to contact Boeing for 
appropriate action: Before further flight, repair the crack using a 
method approved in accordance with the procedures specified in 
paragraph (q) of this AD.

New Requirements of This AD

One-Time Inspection/Repair for Airplanes for Which There Are No 
Conclusive Inspection Records

    (l) For airplanes for which there are no conclusive records 
showing no loose or missing fasteners during previous inspections 
done in accordance with the requirements of AD 2007-16-13, amendment 
39-15152; or AD 2005-12-04, amendment 39-14120: Do the actions 
specified in paragraphs (l)(1) and (l)(2) of this AD, at the times 
specified in those paragraphs, as applicable.
    (1) Within 90 days after the effective date of this AD, do the 
actions specified in paragraph (g) of this AD, except as required by 
paragraph (k) of this AD.
    (2) At the applicable times specified in paragraph 1.E., 
``Compliance,'' of the alert service bulletin, do the actions 
specified in paragraph (h) of this AD, except as required by 
paragraphs (j) and (m) of this AD. And, before further flight, do 
all applicable related investigative actions and repairs, by doing 
all the actions specified in Parts I and II of the Accomplishment 
Instructions of the alert service bulletin, except as required by 
paragraph (k) of this AD.

Exception To Alert Service Bulletin Procedures

    (m) Where the alert service bulletin specifies a compliance time 
relative to ``the date on this service bulletin,'' this AD requires 
compliance within the corresponding specified time relative to the 
effective date of this AD.

Credit for Actions Done Using Previous Service Information

    (n) Except for the actions specified in paragraph (l) of this 
AD, actions done before the effective date of this AD in accordance 
with Boeing Service Bulletin 757-54A0047, Revision 1, dated March 
24, 2005; or Boeing Alert Service Bulletin 757-54A0047, Revision 2, 
dated January 31, 2007; are considered acceptable for compliance 
with the corresponding actions specified in this AD.
    (o) An inspection and corrective actions done before June 29, 
2005 (the effective date of AD 2005-12-04), in accordance with 
paragraph (b) or (c), as applicable, of AD 2004-12-07, are 
acceptable for compliance with the initial inspection requirement of 
paragraph (h) of this AD.

An Acceptable Method of Compliance With Certain Requirements of AD 
2004-12-07

    (p) Accomplishing the actions specified in this AD terminates 
the requirements specified in paragraphs (b) and (c) of AD 2004-12-
07.

Alternative Methods of Compliance (AMOCs)

    (q)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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 2004-12-07 
are approved as AMOCs for the corresponding provisions of this AD.
    (5) AMOCs approved previously in accordance with AD 2005-12-04 
are approved as AMOCs for the corresponding provisions of this AD.
    (6) AMOCs approved previously in accordance with AD 2007-16-13 
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (r) You must use Boeing Alert Service Bulletin 757-54A0047, 
Revision 3, dated June 27, 2007, to perform the actions that are 
required by this AD, unless the AD specifies otherwise.
    (1) On August 24, 2007 (72 FR 44753, August 9, 2007), the 
Director of the Federal Register approved the incorporation by 
reference of this service information.
    (2) 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 FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 22, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-3928 Filed 2-29-08; 8:45 am]
BILLING CODE 4910-13-P