[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27424-27427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10875]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1066; Directorate Identifier 2009-NM-028-AD; 
Amendment 39-16284; AD 2010-10-05]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-300, 747SR, and 747SP Series 
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 certain Model 747 airplanes. That AD currently 
requires repetitive inspections to detect cracking in certain fuselage 
skin lap joints, and repair if necessary. This new AD expands the 
inspection area in the existing AD, adds a modification of certain lap 
joints, and adds certain post-repair inspections of the lap joints. 
Accomplishing the modification ends the repetitive inspections required 
by the existing AD for the length of lap joint that is modified. This 
AD results from a structural review of affected skin lap joints for 
widespread fatigue damage. We are issuing this AD to prevent fatigue 
cracking in certain lap joints, which could result in rapid 
depressurization of the airplane.

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 21, 2010.
    On July 13, 1994 (59 FR 30277, June 13, 1994), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.

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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 94-12-04, Amendment 39-
8932 (59 FR 30277, June 13, 1994). The existing AD applies to certain 
Model 747 airplanes. That NPRM was published in the Federal Register on 
November 18, 2009 (74 FR 59488). That NPRM proposed to continue to 
require repetitive inspections to detect cracking in certain fuselage 
skin lap joints, and repair if necessary. That NPRM also proposed to 
expand the inspection area in the existing AD, add a modification of 
certain lap joints, and add certain post-repair inspections of the lap 
joints. That NPRM specified that accomplishing the modification would 
end the repetitive inspections required by the existing AD for the 
length of lap joint that is modified.

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 for Certain Clarifications

    Boeing asks that we provide the following clarifications:
     Include language in paragraph (c) of the NPRM which 
specifies that airplanes having line number 629, 635, 637, 650, 666, 
667, 673, 675, 683, 713, 750, or 810 are Group 5 airplanes. Boeing 
states that after Boeing Service Bulletin 747-53A2367, Revision 3, 
dated January 15, 2009, was released, it was determined that these 
airplanes do not have a lower lobe air stair door and should have been 
included in Group 5, not Group 10.
    We agree with Boeing's request for the reason provided. The 
airplane grouping is incorrect in Boeing Alert Service Bulletin 747-
53A2367, Revision 2, dated October 30, 2008, and Boeing Service 
Bulletin 747-53A2367, Revision 3, dated January 15, 2009. Therefore, we 
have added a new Note 1 after paragraph (c) of this AD to clarify the 
correct airplane grouping for airplanes having the identified line 
numbers.
     Change the term ``Delegation Option Authorization'' (DOA) 
to ``Organization Designation Authorization'' (ODA) throughout the 
NPRM.
    We agree. Boeing Commercial Airplanes has received an Organization 
Designation Authorization (ODA), which replaces the previous 
designation as a Delegation Option Authorization (DOA) holder. We have 
changed paragraph (m)(3) of this AD to add delegation of authority to 
Boeing Commercial Airplanes ODA to approve an alternative method of 
compliance for any repair required by this AD.
     Change the Discussion section of the NPRM to note that AD 
2009-04-16, Amendment 39-15822 (74 FR 8737, February 26, 2009), 
supersedes AD 2008-10-15, Amendment 39-15522 (73 FR 29042, May 20, 
2008). Although we agree that AD 2009-04-16 superseded AD 2008-10-15, 
the discussion section of the NPRM is not carried over to this final 
rule. Therefore, we have made no change to the AD in this regard.

[[Page 27425]]

     Change the terminating action language specified in 
paragraph (j) of the NPRM to add the following at the end of the last 
sentence in that paragraph: ``* * * for a period of 15,000 flight 
cycles. Additional work is required for continued operation beyond 
15,000 flight-cycles after the modification.'' Boeing states that a 
post-modification inspection is specified in a note following Table 2 
of paragraph 1.E. of Boeing Service Bulletin 747-53A2367, Revision 3, 
dated January 15, 2009.
    We do not agree with Boeing's request. The note following Table 2 
of paragraph 1.E. of the service bulletin specifies that additional 
work is required for continued operation beyond 15,000 flight cycles 
after the modification, and that Boeing must be contacted for 
instructions. Considering the compliance time of 30,000 total flight 
cycles for the modification, and the compliance time for additional 
work, we have determined that rulemaking on the undefined additional 
work is not necessary at this time. We will consider future rulemaking 
once the additional work is defined. We have made no change to the AD 
in this regard.
     Add a new paragraph (j)(1) to the NPRM to state that at 
all lap joint areas not covered by the modification required by 
paragraph (j) of this AD, a lap joint modification must be installed at 
35,000 total flight cycles. Boeing states that the NPRM should reflect 
the structural modification point (SMP) for all lap splices not 
modified by Boeing Service Bulletin 747-53A2367, Revision 3, dated 
January 15, 2009, as stated on page 26, section 1.D., Note 7, of that 
service bulletin.
    We do not agree with Boeing's request. Notes in the Description 
section of a service bulletin are considered informational only. In 
addition, the subject note specifies modification of all lap joints not 
covered by the modification specified in Boeing Service Bulletin 747-
53A2367. The compliance time specified in that note in Boeing Service 
Bulletin 747-53A2367, Revision 3, dated January 15, 2009, is 35,000 
total flight cycles, and Boeing is not planning to provide engineering 
drawings for that modification. Modification of those lap joints is not 
included in this AD. We will consider future rulemaking when 
modification procedures are available. We have made no change to the AD 
in this regard.

Explanation of Change Made to This AD

    We have changed this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

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 changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used 
over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$80 per work hour to $85 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly rate.

Costs of Compliance

    There are 209 airplanes of the affected design in the worldwide 
fleet. This AD affects about 69 airplanes of U.S. registry.
    The actions that are required by AD 94-12-04 and retained in this 
AD take about 14 work hours per airplane, at an average labor rate of 
$85 per work hour. Based on these figures, the estimated cost of the 
currently required actions is $1,190 per airplane, per inspection 
cycle.
    The new Area 2 inspections take up to 477 work hours per airplane, 
depending on airplane configuration, at an average labor rate of $85 
per work hour. Based on these figures, the estimated cost of the new 
inspections specified in this AD for U.S. operators is up to 
$2,797,605, or up to $40,545 per airplane, per inspection cycle.
    The new modification takes about 171 work hours per airplane, at an 
average labor rate of $85 per work hour. Required parts cost per 
airplane will be minimal. Based on these figures, the estimated cost of 
the new actions specified in this AD for U.S. operators is $1,002,915, 
or $14,535, per airplane.

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 39-8932 (59 FR 30277, June 13, 1994) and by adding 
the following new airworthiness directive (AD):


[[Page 27426]]


2010-10-05 The Boeing Company: Amendment 39-16284. Docket No. FAA-
2009-1066; Directorate Identifier 2009-NM-028-AD.

Effective Date

    (a) This AD becomes effective June 21, 2010.

Affected AD

    (b) This AD supersedes AD 94-12-04, Amendment 39-8932.

Applicability

    (c) This AD applies to The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-300, 747SR, and 747SP series 
airplanes, certificated in any category, as identified in Boeing 
Service Bulletin 747-53A2367, Revision 3, dated January 15, 2009.

    Note 1:  Airplanes having line number 629, 635, 637, 650, 666, 
667, 673, 675, 683, 713, 750, or 810 are Group 5 airplanes.

Subject

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

Unsafe Condition

    (e) This AD results from a structural review of affected skin 
lap joints for widespread fatigue damage. The Federal Aviation 
Administration is issuing this AD to prevent fatigue cracking in 
certain lap joints, which could result in rapid depressurization of 
the airplane.

Compliance

    (f) 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 94-12-04, With Revised Service 
Information

Repetitive Inspections

    (g) For airplanes identified in Boeing Service Bulletin 747-53-
2367, dated December 18, 1991: Prior to the accumulation of 22,000 
full pressure flight cycles (or, if the external skin panel of an 
affected lap joint has been replaced, prior to the accumulation of 
22,000 full pressure flight cycles since skin replacement), or 
within 1,000 landings after July 13, 1994 (the effective date of AD 
94-12-04), whichever occurs later, perform an external surface high 
frequency eddy current (HFEC) inspection of the skin around the 
upper row of fasteners, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 747-53-2367, dated December 
18, 1991; Boeing Service Bulletin 747-53-2367, Revision 1, dated 
January 27, 1994; Boeing Alert Service Bulletin 747-53A2367, 
Revision 2, dated October 30, 2008; or Boeing Service Bulletin 747-
53A2367, Revision 3, dated January 15, 2009. As of the effective 
date of this AD, only Revision 3 may be used.
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 3,000 full pressure flight cycles until the 
inspections required by paragraph (h) of this AD are done.
    (2) If any crack is found, accomplish paragraphs (g)(2)(i) and 
(g)(2)(ii) of this AD.
    (i) Prior to further flight, perform an open hole HFEC 
inspection to detect cracking in the upper row fastener holes 
between the adjacent frames, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 747-53-2367, dated December 
18, 1991; Boeing Service Bulletin 747-53-2367, Revision 1, dated 
January 27, 1994; Boeing Alert Service Bulletin 747-53A2367, 
Revision 2, dated October 30, 2008; or Boeing Service Bulletin 747-
53A2367, Revision 3, dated January 15, 2009. Prior to further 
flight, repair any crack found, in accordance with a method approved 
by the Manager, Seattle Aircraft Certification Office (ACO), FAA.
    Note 2: Guidance on repairing cracking can be found in Chapter 
53-30-03 of the Boeing 747 Structural Repair Manual.
    (ii) Repeat the inspection required by paragraph (g) of this AD 
thereafter at intervals not to exceed 3,000 full pressure flight 
cycles until the inspections required by paragraph (h) of this AD 
are done.

New Requirements of This AD

Repetitive Inspections/Investigative and Corrective Actions

    (h) For all airplanes: Do initial and repetitive HFEC 
inspections for cracks of lap joints in Sections 41, 42, 44, and 46, 
by doing all the actions, including all applicable related 
investigative and corrective actions, specified in the 
Accomplishment Instructions of Boeing Service Bulletin 747-53A2367, 
Revision 3, dated January 15, 2009, except as provided by paragraph 
(l) of this AD. Do the inspections at the applicable times specified 
in paragraph 1.E. of Boeing Service Bulletin 747-53A2367, Revision 
3, dated January 15, 2009, except as required by paragraph (k) of 
this AD. Do all applicable related investigative and corrective 
actions before further flight. Accomplishing the inspections 
required by this paragraph ends the repetitive inspections required 
by paragraph (g) of this AD. Do the actions required by paragraph 
(h) of this AD until the modification required by paragraph (j) of 
this AD is done.
    (i) For areas on which a lap joint repair was installed and the 
repair doubler is greater than or equal to 40 inches long: Do 
initial and repetitive internal HFEC inspections for cracks, as 
required by paragraph (h) of this AD, by doing all the applicable 
actions, including applicable corrective actions, specified in the 
Accomplishment Instructions of Boeing Service Bulletin 747-53A2367, 
Revision 3, dated January 15, 2009, except as provided by paragraph 
(l) of this AD. Do the inspection and corrective actions at the 
times specified in paragraph 1.E. of Boeing Service Bulletin 747-
53A2367, Revision 3, dated January 15, 2009, except as required by 
paragraph (k) of this AD.

Terminating Action

    (j) Before the accumulation of 30,000 total flight cycles or 
within 3,000 flight cycles after the effective date of this AD, 
whichever occurs later: Modify the applicable lap joints in Sections 
41 and 42 by doing all the actions specified in the Accomplishment 
Instructions of Boeing Service Bulletin 747-53A2367, Revision 3, 
dated January 15, 2009, except as required by paragraph (l) of this 
AD. Accomplishing this modification terminates the repetitive 
inspection requirements of this AD for the length of lap joint that 
is modified.

Exceptions to Boeing Service Bulletin 747-53A2367, Revision 3, Dated 
January 15, 2009

    (k) Where Boeing Service Bulletin 747-53A2367, Revision 3, dated 
January 15, 2009, specifies compliance times ``from the date on the 
original issue of this service bulletin [12/18/91],'' this AD 
requires compliance within the specified compliance time after July 
13, 1994 (the effective date of AD 94-12-04). Where Boeing Service 
Bulletin 747-53A2367, Revision 3, dated January 15, 2009, specifies 
compliance times ``after the date on Revision 2 of this service 
bulletin [10/30/08],'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (l) Where Boeing Service Bulletin 747-53A2367, Revision 3, dated 
January 15, 2009, specifies to contact Boeing for repair or 
modification instructions: Before further flight, repair or modify 
using a method approved in accordance with the procedures specified 
in paragraph (m) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle ACO, 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 ACO, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6437; fax (425) 
917-6590. 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), 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 the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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 94-12-04 are 
approved as alternative methods of compliance with the corresponding 
requirements of this AD.

Material Incorporated by Reference

    (n) You must use the service information specified in Table 1 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

[[Page 27427]]



                                 Table 1--All Material Incorporated by Reference
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               Document                               Revision                               Date
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Boeing Alert Service Bulletin 747-      2..................................  October 30, 2008.
 53A2367.
Boeing Service Bulletin 747-53-2367...  Original...........................  December 18, 1991.
Boeing Service Bulletin 747-53-2367...  1..................................  January 27, 1994.
Boeing Service Bulletin 747-53A2367...  3..................................  January 15, 2009.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the Boeing service information 
specified in Table 2 of this AD under 5 U.S.C. 552(a) and 1 CFR part 
51.

             Table 2--New Material Incorporated by Reference
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           Document               Revision               Date
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Boeing Alert Service Bulletin             2  October 30, 2008.
 747-53A2367.
Boeing Service Bulletin 747-              3  January 15, 2009.
 53A2367.
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    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the Boeing service information 
contained in Table 3 of this AD on July 13, 1994 (59 FR 30277, June 
13, 1994).

                             Table 3--Material Previously Incorporated by Reference
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               Document                               Revision                               Date
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Boeing Service Bulletin 747-53-2367...  Original...........................  December 18, 1991.
Boeing Service Bulletin 747-53-2367...  1..................................  January 27, 1994.
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    (3) 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.
    (4) 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.
    (5) 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 April 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-10875 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P