[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22424-22426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10935]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0135; Directorate Identifier 2008-NM-170-AD; 
Amendment 39-15901; AD 2009-10-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400 and 747-400D 
Series Airplanes

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 747-400 and 747-400D series airplanes. This AD requires 
repetitive inspections to detect cracks in the floor panel attachment 
fastener holes of the Section 41 upper deck floor beam upper chords, 
and related investigative and corrective actions if necessary. This AD 
results from reports of cracks found in the Section 41 upper deck floor 
beam upper chords. We are issuing this AD to detect and correct cracks 
in these chords, which could become large and cause the floor beams to 
become severed and result in rapid decompression or reduced 
controllability of the airplane.

DATES: This AD is effective June 17, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 17, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

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: 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:

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 747-400 and 747-400D series airplanes. That NPRM 
was published in the Federal Register on February 18, 2009 (74 FR 
7573). That NPRM proposed to require repetitive inspections to detect 
cracks in the floor panel attachment fastener holes of the Section 41 
upper deck floor beam upper chords, and related investigative and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Boeing supports the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 53 airplanes of U.S. registry. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

[[Page 22425]]



                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Average                                                Number of U.S.-
          Action                    Work hours           labor rate         Parts           Cost per product        registered           Fleet cost
                                                          per hour                                                  airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection................  48 or 50..................          $80  None..............  $3,840 or $4,000 per                  53  Up to $212,000 per
                                                                                          inspection cycle.                         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:

2009-10-06 Boeing: Amendment 39-15901. Docket No. FAA-2009-0135; 
Directorate Identifier 2008-NM-170-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 17, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400 and 747-400D series 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 747-53A2688, dated August 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from reports of cracks found in the Section 
41 upper deck floor beam upper chords. We are issuing this AD to 
detect and correct cracks in these chords, which could become large 
and cause the floor beams to become severed and result in rapid 
decompression or reduced controllability of the airplane.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Inspections and Corrective Actions

    (g) Except as required by paragraphs (h) and (i) of this AD: At 
the applicable times in paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 747-53A2688, dated August 21, 2008 (``the 
service bulletin''), do an inspection (open-hole or surface high 
frequency eddy current) to detect cracks in the floor panel 
attachment fastener holes of the Section 41 upper deck floor beam 
upper chords, and do applicable related investigative and corrective 
actions, by accomplishing all the applicable actions specified in 
the Accomplishment Instructions of the service bulletin. Repeat the 
inspections thereafter at the applicable times specified in 
paragraph 1.E., ``Compliance,'' of the service bulletin.
    (h) If any crack is found during any inspection required by 
paragraph (g) of this AD, and Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008, 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 (j) of this AD.
    (i) Where Boeing Alert Service Bulletin 747-53A2688, dated 
August 21, 2008, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.

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 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: 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.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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

    (k) You must use Boeing Alert Service Bulletin 747-53A2688, 
dated August 21, 2008, 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, Attention: Data & Services

[[Page 22426]]

Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.


    Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-10935 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P