[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37786-37789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14190]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0225; Directorate Identifier 2007-NM-210-AD; 
Amendment 39-15583; AD 2008-13-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 Airplanes Equipped 
With Rolls Royce RB211-535E Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 757 airplanes equipped with Rolls Royce RB211-535E 
engines. This AD requires repetitive inspections for signs of damage of 
the aft hinge fittings and attachment bolts of the thrust reversers, 
and related investigative and corrective actions if necessary. This AD 
results from reports of several incidents of bolt failure at the aft 
hinge fittings of the thrust reversers due to, among other things, high 
operational loads. We are issuing this AD to prevent failure of the 
attachment bolts and consequent separation of a thrust reverser from 
the airplane during flight, which could result in structural damage to 
the airplane.

DATES: This AD is effective August 6, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 6, 
2008.

ADDRESSES: 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 address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 757 airplanes equipped with Rolls Royce RB211-535E 
engines. That NPRM was published in

[[Page 37787]]

the Federal Register on November 26, 2007 (72 FR 65903). That NPRM 
proposed to require repetitive inspections for signs of damage of the 
aft hinge fittings and attachment bolts of the thrust reversers, and 
related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request to Include Terminating Action

    Continental Airlines (CAL) and Federal Express (FedEx) ask that the 
preventive modification specified in Boeing Special Attention Service 
Bulletins 757-54-0049 and 757-54-0050, both dated July 16, 2007, be 
included in the AD as follows:
    CAL asks that a new paragraph be added to clarify that 
accomplishing the preventive modification provided in Part III of the 
above referenced service bulletins constitutes terminating action for 
the repetitive inspections required by paragraph (f) of the NPRM.
    FedEx states that the referenced service bulletins specify that the 
repetitive inspections are no longer necessary once the preventive 
modification is accomplished. FedEx would like to confirm that 
accomplishing the preventive modification will terminate any further 
inspections in the NPRM, and asks that we include the terminating 
action in the AD.
    We agree that clarification is necessary for the reasons provided; 
therefore, we have added a new paragraph (h) to this AD (and re-
identified subsequent paragraphs) to include optional terminating 
action for paragraph (f) of this AD.

Request To Clarify Applicability

    FedEx asks that Model 757-200SF (special freighter) airplanes be 
added to the applicability specified in paragraph (c) of the NPRM. 
FedEx states that the NPRM applies to Model 757-200, -200CB, -200PF, 
and -300 series airplanes equipped with Rolls Royce RB211-535E engines. 
FedEx states that its airplanes will be modified from the Model 757-200 
passenger configuration to a special freighter configuration. FedEx 
adds that it will submit a supplemental type certificate (STC) to the 
FAA to confirm the new certification of the airplane after release of 
this AD.
    We do not agree that Model 757-200SF airplanes should be added to 
the applicability in this AD. The airplanes cited by the commenter are 
legally known as ``Model 757-200 airplanes'' as identified on the 
airplane data plate. Even though they might be modified by STC and 
commonly known as ``special freighters,'' these airplanes continue to 
be identified by the type certificated model designation. We have made 
no change to the AD in this regard.
    FedEx also asks for clarification of the difference between the 
effectivity specified in the concurrent service information referenced 
in paragraph (h) of the NPRM and the applicability in the NPRM. FedEx 
states that the concurrent service bulletin (Boeing Service Bulletin 
757-54-0015, Revision 3, dated September 19, 1996) addresses the 
replacement of older hinge fittings for airplanes having line numbers 2 
through 241.
    We provide the following clarification. Paragraph (h) of the NPRM 
(changed to paragraph (i) in the final rule) requires accomplishing the 
actions in Boeing Service Bulletin 757-54-0015 prior to or concurrently 
with accomplishing the actions specified in Boeing Special Attention 
Service Bulletin 757-54-0049, dated July 16, 2007. Airplanes having 
line number 242 and subsequent have the production change installed and 
are covered by paragraph (e) of this AD. The NPRM is applicable to 
airplanes equipped with Rolls Royce RB211-535E engines; no line numbers 
are identified. Therefore, we have made no change to the AD in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 606 airplanes of the affected design in the 
worldwide fleet. This AD affects about 295 airplanes of U.S. registry. 
The inspections 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 the AD for U.S. operators is $47,200, 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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-13-20 Boeing: Amendment 39-15583. Docket No. FAA-2007-0225; 
Directorate Identifier 2007-NM-210-AD.

[[Page 37788]]

Effective Date

    (a) This airworthiness directive (AD) is effective August 6, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200CB, -200PF, and 
-300 series airplanes, certificated in any category; equipped with 
Rolls Royce RB211-535E engines.

Unsafe Condition

    (d) This AD results from reports of several incidents of bolt 
failure at the aft hinge fittings of the thrust reversers due to, 
among other things, high operational loads. We are issuing this AD 
to prevent failure of the attachment bolts and consequent separation 
of a thrust reverser from the airplane during flight, which could 
result in structural damage to 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.

Repetitive Inspections/Investigative and Corrective Actions

    (f) At the time specified in paragraph 1.E. ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-54-0049 or 757-54-
0050, both dated July 16, 2007, as applicable, except as provided by 
paragraph (g) of this AD: Do a detailed inspection for signs of 
damage of the aft hinge fittings and attachment bolts of the thrust 
reversers by doing all the actions, including all applicable related 
investigative and corrective actions, as specified in the 
Accomplishment Instructions of the applicable service bulletin. Do 
all applicable related investigative and corrective actions at the 
time specified in paragraph 1.E., ``Compliance,'' of the applicable 
service bulletin. If any damage is found and the service bulletins 
specify to contact Boeing for appropriate action: Before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (g) Where Boeing Special Attention Service Bulletins 757-54-0049 
and 757-54-0050, both dated July 16, 2007, specify compliance times 
relative to the date on the service bulletin, this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

Optional Terminating Action

    (h) Accomplishing the preventive modification specified in 
Boeing Special Attention Service Bulletin 757-54-0049 or 757-54-
0050, both dated July 16, 2007, terminates the repetitive 
inspections required by paragraph (f) of this AD.

Concurrent Actions

    (i) Prior to or concurrently with accomplishing the actions 
specified in Boeing Special Attention Service Bulletin 757-54-0049, 
dated July 16, 2007, accomplish the replacement specified in Boeing 
Service Bulletin 757-54-0015, Revision 3, dated September 19, 1996.
    (j) Actions accomplished before the effective date of this AD in 
accordance with Boeing Service Bulletin 757-54-0015, dated February 
16, 1989; Revision 1, dated December 20, 1990; or Revision 2, dated 
April 21, 1994 are considered acceptable for compliance with the 
corresponding actions specified in paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(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.

Material Incorporated by Reference

    (l) You must use the Boeing service information contained in 
Table 1 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information that is 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

                                  Table 1.--Material Incorporated by Reference
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          Service information                         Revision                               Date
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Boeing Special Attention Service        3..................................  September 19, 1996.
 Bulletin 757-54-0015.
Boeing Special Attention Service        Original...........................  July 16, 2007.
 Bulletin 757-54-0049.
Boeing Service Bulletin 757-54-0050...  Original...........................  July 16, 2007.
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[[Page 37789]]

    Issued in Renton, Washington, on June 8, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14190 Filed 7-1-08; 8:45 am]
BILLING CODE 4910-13-P