[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11569-11572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03268]
[[Page 11569]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0547; Directorate Identifier 2009-NM-234-AD;
Amendment 39-17354; AD 2013-03-20]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 757 airplanes. This AD was prompted by reports of
fuel leaking from the front spar of the wing through the slat track
housing. This AD requires a detailed inspection of the inboard and
outboard main slat track downstop assemblies and a torque application
to the main track downstop assembly nuts of slat numbers 1 through 10,
excluding the outboard track of slats 1 and 10; a detailed inspection
of all slat track housings for foreign object debris (FOD) and visible
damage; and corrective actions if necessary. We are issuing this AD to
detect and correct incorrectly installed main slat track downstop
assemblies, which, when the slat is retracted, could cause a puncture
in the slat track housing and lead to a fuel leak and potential fire.
DATES: This AD is effective March 26, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 26,
2013.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-5000,
extension 1; fax: 206-766-5680; 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, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
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 (phone: 800-647-5527) is 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: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO),
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6440;
fax: 425-917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) on
May 18, 2012, to amend 14 CFR part 39 to include an airworthiness
directive that would apply to the specified products. That SNPRM
published in the Federal Register on June 1, 2012 (77 FR 32433). The
original NPRM (75 FR 31327, June 3, 2010) proposed to require a
detailed inspection of the inboard and outboard main slat track
downstop assemblies and a torque application to the main track downstop
assembly nuts of slat numbers 1 through 10, excluding the outboard
track of slats 1 and 10; a detailed inspection of all slat track
housings for FOD and visible damage; and corrective actions if
necessary. The SNPRM proposed to require inspection results reporting.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (77
FR 32433, June 1, 2012) and the FAA's response to each comment.
Support for the SNPRM (77 FR 32433, June 1, 2012)
American Airlines (AAL) stated that it has reviewed the SNPRM (77
FR 32433, June 1, 2012) and agrees with the intent.
UPS stated that it concurs with the technical reasons for the
inspections and has been accomplishing those inspections since February
2011.
Requests To Revise Cost Estimate
AAL and Boeing requested that we revise the ``Costs of Compliance''
section of the SNPRM (77 FR 32433, June 1, 2012) to account for more
hours necessary to accomplish the inspections.
AAL stated that it has completed a representative sample of
affected airplanes, and, contrary to the 20 estimated work-hours to
accomplish the inspection as specified in the SNPRM (77 FR 32433, June
1, 2012), it has been taking between 100 and 300 work-hours.
Boeing stated that it has received input from an operator that
additional time is necessary to clean the grease from inside the slat
can in order to complete the required inspection. Boeing stated that
the work-hours required to accomplish the inspection are approximately
80 hours (not 20 hours, as specified in Boeing Special Attention
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011 (which
was referred to as the appropriate source of service information in the
SNPRM (77 FR 32433, June 1, 2012)).
We agree to change the work-hours specified in this AD, but not to
the extent requested by AAL. We have changed the estimated costs
specified in the AD preamble to 80 work-hours.
Request To Include Borescope Procedures
AAL stated that it has found that a borescope inserted through the
drain hole located in the front spar below each slat track housing
opening provides easier access and a better view of the slat housing
interior than the proposed detailed inspection. AAL stated that it
might be of benefit to operators to specifically include a borescope
inspection in the service information work instructions.
We do not agree to change the AD to include borescope procedures.
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1,
dated July 19, 2011, does not recommend a specific procedure for use of
the borescope. We have determined that the current detailed inspection
is adequate to address the identified unsafe condition and that
delaying this action until after the release of a revised service
bulletin is not warranted. However, under the provisions of paragraph
(l) of this AD, we will consider requests for an alternate inspection
procedure if sufficient data are submitted to substantiate that the
alternate inspection procedure would satisfactorily address the
identified unsafe condition. We have not changed the AD in this regard.
Request To Allow Simultaneous Inspection Steps
AAL requested that we include the text of General Note 1 that
appeared in Boeing Special Attention Service Bulletin 757-57-0068,
dated September 15, 2009, which was referenced in the original NPRM (75
FR 31327, June 3, 2010) as the appropriate source of
[[Page 11570]]
service information for the proposed actions. AAL stated that this note
allowed operators to accomplish the inspections on both wings
simultaneously, or on multiple slat can locations on the same wing
simultaneously, instead of performing the inspections on each slat can
sequentially.
We partially agree. We agree with revising the AD to allow for
inspections of multiple slat can locations, on both wings, to be
performed simultaneously, because there is no effect on the
accomplishment of the service information. We have added new paragraph
(h)(3) to this AD to include this provision. However, we disagree with
adding the full text of General Note 1 to the AD, because the note
could be interpreted as allowing the inspection steps at a specific
slat can to be performed out of sequence, which could detrimentally
affect the results of the inspection and/or corrective actions.
Request To Extend Compliance Time
AAL requested that we extend the compliance time from 24 months to
72 months after issuance of the AD to accomplish the required actions.
AAL stated that ``extending the inspection threshold to 72 months
enables operators who have extended their maintenance program in
accordance with Boeing Maintenance Planning Data to accomplish this
modification at the first heavy maintenance visit after the effective
date of the AD, thus precluding the addition of unnecessary out-of-
service days.''
We do not agree to extend the compliance time to accomplish the
required actions. In developing an appropriate compliance time for this
AD, we considered not only the safety implications, but the
manufacturer's recommendations and the practical aspect of
accomplishing the actions within an interval of time that corresponds
to typical scheduled maintenance for affected operators. Also, the
Boeing service information cited in the original NPRM (75 FR 31327,
June 3, 2010) has been available to operators since September 2009;
therefore, U.S. operators have had ample time to consider initiating
those actions, which this AD ultimately requires. Under the provisions
of paragraph (l) of this AD, however, we might consider requests for
adjustments to the compliance time if data are submitted to
substantiate that such an adjustment would provide an acceptable level
of safety. We have not changed the AD in this regard.
Request To Change Reporting Method
UPS requested that we revise paragraph (i) of the SNPRM (77 FR
32433, June 1, 2012) to allow reporting of results of inspections
performed prior to the effective date of the AD to be in a different
format than that specified in Appendix A of Boeing Special Attention
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011. UPS
stated that the reporting format provided in Appendix A of Boeing
Special Attention Service Bulletin 757-57-0068, Revision 1, dated July
19, 2011, is detailed, and that some of the details of inspections
performed prior to the issuance of the SNPRM were not recorded in such
detail. UPS noted that such detailed reporting was not part of the
original NPRM (75 FR 31327, June 3, 2010).
We do not agree to change the reporting requirement in this AD. The
AD requires the use of Appendix A of Boeing Special Attention Service
Bulletin 757-57-0068, Revision 1, dated July 19, 2011, as a means of
gathering the details of the inspection findings. These additional
details, which are not included in Appendix A of Boeing Special
Attention Service Bulletin 757-57-0068, dated September 15, 2009, are
necessary in order to evaluate whether further rulemaking to address
this safety issue is warranted. However, under the provisions of
paragraph (l) of this final rule, we might consider requests for
approval of alternative reporting methods if sufficient data are
submitted to substantiate that such an alternative method would provide
an acceptable level of information gathering. We have not changed the
final rule 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 changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM (77 FR 32433, June 1, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 32433, June 1, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 645 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection....................... 80 work-hours x $85 per hour = $0 $6,800 $4,386,000
$6,800.
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We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in 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.
[[Page 11571]]
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 airworthiness
directive (AD):
2013-03-20 The Boeing Company: Amendment 39-17354; Docket No. FAA-
2010-0547; Directorate Identifier 2009-NM-234-AD.
(a) Effective Date
This airworthiness directive (AD) is effective March 26, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of fuel leaking from the front
spar of the wing through the slat track housing. We are issuing this
AD to detect and correct incorrectly installed main track downstop
assemblies, which, when the slat is retracted, could cause a
puncture in the slat track housing and lead to a fuel leak and
potential fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Torque Application
Except as required by paragraph (h)(1) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1,
dated July 19, 2011: Do the actions specified in paragraphs (g)(1)
and (g)(2) of this AD.
(1) Perform a detailed inspection of the inboard and outboard
main track downstop assemblies of slat numbers 1 through 10,
excluding the outboard main track downstop assemblies of slat
numbers 1 and 10, for correct assembly order and missing or damaged
parts; perform a detailed inspection of all slat track housings for
foreign object debris, visible damage, and missing parts; and do all
applicable corrective actions; in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, except as required by
paragraphs (h)(1), (h)(2), and (h)(3) of this AD. Do all applicable
corrective actions before further flight.
(2) Apply torque to the main track down stop assembly nuts to
make sure they have been correctly installed, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-57-0068, Revision 1, dated July 19, 2011.
(h) Exceptions to the Service Information
(1) Where Boeing Special Attention Service Bulletin 757-57-0068,
Revision 1, dated July 19, 2011, specifies a compliance time ``after
the date on this service bulletin,'' this AD requires compliance at
the specified time after the effective date of this AD.
(2) Where Boeing Special Attention Service Bulletin 757-57-0068,
Revision 1, dated July 19, 2011, specifies to contact Boeing for
appropriate action: Before further flight, repair the damage using a
method approved in accordance with the procedures specified in
paragraph (l)(1) of this AD.
(3) Although Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, specifies the slat can
inspections are to occur on the slat cans sequentially, this AD
allows for the inspections of the slat cans at locations 1 through
10 to be accomplished in any order, including multiple slat can
locations simultaneously, provided that all the instructions of each
applicable figure of Boeing Special Attention Service Bulletin 757-
57-0068, Revision 1, dated July 19, 2011, are completed in sequence
on each slat can.
(i) Reporting Requirement
If any of the conditions specified in paragraph B.3., ``Part 3--
Appendix A: Inspection Results Report,'' of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, are found during the
inspection required by paragraph (g) of this AD, submit a report of
the inspection findings at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD, as specified in Appendix A of
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1,
dated July 19, 2011, to Boeing through the Boeing Communication
System (BCS). The report must include a description of any
discrepancies found, the airplane serial number, and the number of
landings and flight hours on the airplane.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
(j) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Boeing Special Attention Bulletin 757-57-0068,
dated September 15, 2009, which is not incorporated by reference in
this AD, provided the inspection results are reported as specified
in paragraph (i)(2) of this AD.
(k) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(l) Alternative Methods of Compliance (AMOCs)
(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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(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
[[Page 11572]]
the certification basis of the airplane and the approval must
specifically refer to this AD.
(m) Related Information
(1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone: 425-917-6440; fax: 425-917-6590;
email: [email protected].
(2) For Boeing 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; phone: 206-544-5000, extension 1; fax: 206-766-5680; Internet:
https://www.myboeingfleet.com.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 757-57-0068,
Revision 1, dated July 19, 2011.
(ii) Reserved.
(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; phone:
206-544-5000, extension 1; fax: 206-766-5680; 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, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03268 Filed 2-15-13; 8:45 am]
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