[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27693-27695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13406]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-059-AD; 
Amendment 39-15931; AD 2009-12-08]
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 adopting a new airworthiness directive (AD) for all 
Boeing Model 747 airplanes. This AD requires inspecting for cracks in 
the left- and right-side Stringer 11 longeron adjacent to the 
horizontal stabilizer pivot bulkhead, and related investigative and 
corrective actions if necessary. This AD results from a report of a 
crack found in the right-side Stringer 11 longeron horizontal flange, 
adjacent to the horizontal stabilizer pivot bulkhead, during a routine 
maintenance inspection. We are issuing this AD to detect and correct 
fatigue cracking of the longeron, which can propagate and cause damage 
to the adjacent horizontal stabilizer pivot bulkhead. This damage could 
result in loss of structural integrity and consequent inability of the 
bulkhead to carry flight loads, which could adversely affect 
controllability of the airplane.

DATES: This AD becomes effective July 16, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 16, 
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. You may review copies of the 
referenced 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.

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

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to all Boeing 
Model 747 airplanes. That supplemental NPRM was published in the 
Federal Register on February 20, 2009 (74 FR 7834). That supplemental 
NPRM proposed to require inspecting for cracks in the left- and right-
side Stringer 11 longeron adjacent to the horizontal stabilizer pivot 
bulkhead, and doing related investigative and corrective actions if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment received. The 
commenter, Boeing, concurs with the supplemental NPRM.

Change to Supplemental NPRM

    We have added new paragraph (j) to this final rule and re-
identified subsequent paragraphs to give credit for inspections 
accomplished using the original issue of Boeing Service Bulletin 747-
53A2703, dated February 14, 2008.

[[Page 27694]]

Conclusion

    We have carefully reviewed the available data, including the 
comment 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

    We estimate that this AD affects 165 airplanes of U.S. registry. We 
also estimate that it takes 3 work-hours per product to comply with 
this AD. The average labor rate is $80 per work-hour. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$39,600, or $240 per product.

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 
adding the following new airworthiness directive (AD):

2009-12-08 Boeing: Amendment 39-15931. Docket No. FAA-2008-0612; 
Directorate Identifier 2008-NM-059-AD.

Effective Date

    (a) This AD becomes effective July 16, 2009.

Affected ADs

    (b) None.

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.

Subject

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

Unsafe Condition

    (e) This AD results from a report of a crack found in the right-
side Stringer 11 longeron horizontal flange, adjacent to the 
horizontal stabilizer pivot bulkhead, during a routine maintenance 
inspection. We are issuing this AD to detect and correct fatigue 
cracking of the longeron, which can propagate and cause damage to 
the adjacent horizontal stabilizer pivot bulkhead. This damage could 
result in loss of structural integrity and consequent inability of 
the bulkhead to carry flight loads, which could adversely affect 
controllability of the airplane.

Compliance

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

Inspection/Related Investigative and Corrective Actions

    (g) Except as provided by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E. of Boeing Service 
Bulletin 747-53A2703, Revision 1, dated September 16, 2008, do a 
surface high frequency eddy current (HFEC) inspection for cracks in 
the left- and right-side Stringer 11 longeron exposed surfaces and 
edges between Station 2598 and 2607 adjacent to the horizontal 
stabilizer pivot bulkhead; and do all applicable related 
investigative and corrective actions before further flight, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 747-53A2703, Revision 1, dated September 16, 2008, except 
as provided by paragraph (i) of this AD.

Exception to Compliance Times

    (h) Where Boeing Service Bulletin 747-53A2703, Revision 1, dated 
September 16, 2008, specifies counting the compliance time from `` * 
* * the date on this service bulletin,'' this AD requires counting 
the compliance time from the effective date of this AD.

Exception to Corrective Actions

    (i) If any crack is found during any inspection required by this 
AD, and Boeing Service Bulletin 747-53A2703, Revision 1, dated 
September 16, 2008, specifies 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.

Actions Accomplished According to Previous Issue of Service Bulletin

    (j) Inspections, related investigative actions, and corrective 
actions accomplished before the effective date of this AD according 
to Boeing Alert Service Bulletin 747-53A2703, dated February 14, 
2008, are considered acceptable for compliance with the 
corresponding actions specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6437; fax (425) 917-6590 has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Or, e-mail information to [email protected].
    (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), 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

[[Page 27695]]

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 Boeing Service Bulletin 747-53A2703, Revision 
1, dated September 16, 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 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 June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13406 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P