[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43763-43766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0204; Directorate Identifier 2012-NM-229-AD; 
Amendment 39-17510; AD 2013-14-05]
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 certain 
The Boeing Company Model 747-400 and 747-400F series airplanes. This AD 
was prompted by reports of cracking in the outboard flange of the 
longeron extension fittings, which attach to the wing-to-body fairing 
support frame. This AD requires repetitive inspections of the longeron 
extension fittings for cracking, and corrective actions if necessary. 
We are issuing this AD to detect and correct cracks in the longeron 
extension fittings, which can become large and adversely affect the 
structural integrity of the airplane.

DATES: This AD is effective August 26, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 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; telephone 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, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221.

[[Page 43764]]

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: Nathan Weigand, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6428; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
The NPRM published in the Federal Register on March 7, 2013 (78 FR 
14731). The NPRM proposed to require repetitive inspections of the 
longeron extension fittings for cracking, and corrective actions if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 14731, March 7, 2013) and the FAA's response to each comment.
    United Airlines (UAL) did not have any technical comments regarding 
the NPRM (78 FR 14731, March 7, 2013).

Request to Change Applicability

    UPS and Virgin Atlantic Airways (VIR) stated that airplane line 
numbers 1199 through 1419 inclusive are included in the effectivity of 
Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, and 
that the applicability of the NPRM (78 FR 14731, March 7, 2013) 
includes airplane line numbers 1076 through 1419 inclusive. The 
commenters noted that Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, does not provide inspection or repair instructions 
for airplanes with line numbers prior to 1199. UPS requested that 
paragraph (c), ``Applicability,'' in the NPRM be revised to match the 
effectivity included in the Boeing service information. We infer that 
VIR made the same request.
    Boeing requested that changes be made to paragraph (c), 
``Applicability,'' and paragraph (i)(3), ``Exceptions to Service 
Bulletin Specifications,'' of the NPRM (78 FR 14731, March 7, 2013), in 
regard to the applicability. Boeing noted that line number 1076, 
included in paragraph (c), ``Applicability,'' does not align with any 
production line changes and the line numbers should be changed from 
1076 through 1419 inclusive to 1097 through 1419 inclusive.
    Boeing stated that paragraph (i)(3) of the NPRM (78 FR 14731, March 
7, 2013) should be revised to clearly define the applicable airplanes 
because, as written, it could be interpreted to include more than the 
appropriate airplanes. Boeing requested that paragraph (i)(3) of the 
NPRM be revised to state ``For airplanes not identified in Boeing Alert 
Service Bulletin 747-53A2860, dated December 4, 2012, but are included 
in paragraph (c) of this AD: These airplanes are in Group 1 of the 
subject service bulletin for the purposes of this AD and are required 
to do the applicable actions specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012.''
    We agree with Boeing's position regarding paragraphs (c) and (i)(3) 
of this final rule. We had conservatively established the applicability 
as starting at line number 1076 based on the information available at 
the time the NPRM (78 FR 14731, March 7, 2013) was issued. Since that 
time, Boeing has determined that the manufacturing change started at 
line number 1097. Boeing advised that Boeing Alert Service Bulletin 
747-53A2860, dated December 4, 2012, will be revised and the 
effectivity in that service bulletin will be changed to start with line 
number 1097. Based on this information, we revised paragraph (c) in 
this final rule to include line numbers 1097 through 1419 inclusive. We 
revised paragraph (i)(3) in this final rule to include text similar to 
that proposed by Boeing.
    We do not agree with UPS and VIR that the applicability of this 
final rule should match the effectivity in Boeing Alert Service 
Bulletin 747-53A2860, dated December 4, 2012. As stated previously, 
Boeing advised us that Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, will be revised and the effectivity in the revised 
service bulletin will start with line number 1097. We have not changed 
this final rule in this regard.

Request to Clarify the Difference in the Line Numbers Between the 
Service Information and the NPRM (78 FR 14731, March 7, 2013)

    Boeing requested changes to the Discussion section of the NPRM (78 
FR 14731, March 7, 2013) to clarify the differences between the 
airplane line numbers (1199 through 1419 inclusive) identified in 
Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, and 
the airplane line numbers (1076 through 1419 inclusive) identified in 
paragraph (c) of the NPRM (78 FR 14731, March 7, 2013). Boeing stated 
that, after the release of Boeing Alert Service Bulletin 747-53A2860, 
dated December 4, 2012, a crack was reported on airplane line number 
1101 and that the longeron extension fitting had been redesigned at 
line number 1097.
    Boeing suggested that the text ``. . . Subsequent analysis by 
Boeing indicated that the cracks were caused by fatigue combined with 
preload stress from improper fit-up during assembly. A manufacturing 
process change that began at line number 1199 might have resulted in 
preloading the longeron extension fittings . . .'' be changed to 
``Subsequent review by Boeing has shown that the reported cracking 
correlates with this design change made at line number 1097.''
    We agree that the suggestions made by Boeing provide a more 
accurate description of how the affected line numbers were determined; 
however, this information is not restated in the Discussion section of 
this final rule, so no change is needed. The line numbers were changed 
from 1076 through 1419 inclusive to 1097 through 1419 inclusive in 
paragraph (c), ``Applicability,'' of this final rule, as explained 
previously.

Concern Regarding Parts Availability

    UAL stated that Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, does not include price and supply data for 
replacement longeron fittings. UAL asked if operators are expected to 
fabricate these replacement fittings. UAL noted that, if operators do 
not have the capabilities to fabricate fittings, it could be difficult 
for those operators to get parts.
    We acknowledge the commenter's concern regarding the availability 
of replacement longeron fittings. Boeing Alert Service Bulletin 747-
53A2860, dated December 4, 2012, lists other available options as 
alternatives to replacing longeron extension fittings. The availability 
of required parts was considered when developing the compliance time 
for this AD. We have

[[Page 43765]]

contacted Boeing regarding parts availability and Boeing responded that 
parts are available. Longeron extension fittings are a one piece 
forging and operators are not expected to fabricate these fittings. We 
have not changed this 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 
this 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 
NPRM (78 FR 14731, March 7, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 14731, March 7, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 41 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                          Cost per
              Action                      Labor cost        Parts cost    product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
High frequency eddy current         32 work-hours x $85             $0       $2,720  $111,520, per inspection
 inspection for cracking in          per hour = $2,720,                               cycle.
 longeron extension fittings.        per inspection cycle.
Option to do preventative           479 work-hours x $85             0       40,715  $1,669,315.
 modification instead of             per hour = $40,715.
 repetitive inspections.
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    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need this 
replacement:

                           On-Condition Costs
------------------------------------------------------------------------
                                                             Cost per
        Action             Labor cost       Parts cost        product
------------------------------------------------------------------------
Replacement...........  464 work-hours x              $0         $39,440
                         $85 per hour =
                         $39,440.
------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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),
    (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):

2013-14-05 The Boeing Company: Amendment 39-17510; Docket No. FAA-
2013-0204; Directorate Identifier 2012-NM-229-AD.

(a) Effective Date

    This AD is effective August 26, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and 747-400F 
series airplanes, certificated in any category, line numbers 1097 
through 1419 inclusive.

[[Page 43766]]

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the outboard 
flange of the longeron extension fittings, which attach to the wing-
to-body fairing support frame. We are issuing this AD to detect and 
correct cracks in the longeron extension fittings, which can become 
large and adversely affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection of Longeron Extension Fitting

    For all airplanes: Except as required by paragraphs (i)(1) and 
(i)(4) of this AD, at the time specified in table 1 of paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2860, 
dated December 4, 2012, do a surface high frequency eddy current 
(HFEC) inspection of the left and right longeron extension fittings 
for cracking, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2860, dated December 4, 2012, except as 
required by paragraphs (i)(2) and (i)(3) of this AD. Do all 
applicable corrective actions before further flight. If no cracking 
is found, repeat the inspection thereafter at the intervals 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2860, dated December 4, 2012, until a permanent 
repair, longeron extension fitting replacement, or preventative 
modification is done, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012.

(h) Inspection of Temporary Repair and Corrective Actions

    For airplanes on which a temporary repair as specified in Boeing 
Alert Service Bulletin 747-53A2860 has been done: At the times 
specified in table 2 of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 747-53A2860, dated December 4, 2012, do a 
surface HFEC inspection of the temporary repair of the longeron 
extension fittings for cracking, and do all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-53A2860, dated December 4, 2012, 
except as required by paragraph (i)(3) of this AD. Do all applicable 
corrective actions before further flight.

(i) Exceptions to Service Information

    (1) Where Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, specifies a compliance time relative to the issue 
date of that service bulletin, this AD requires compliance within 
the specified compliance time after the effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, specifies to contact Boeing for repair 
information: Before further flight, repair using a method approved 
in accordance with the procedures specified in paragraph (k) of this 
AD.
    (3) For airplanes not identified in Boeing Alert Service 
Bulletin 747-53A2860, dated December 4, 2012, but included in 
paragraph (c) of this AD: These airplanes are in Group 1 for the 
purposes of this AD. This AD requires that the applicable actions 
specified in the Accomplishment Instructions of Boeing Alert Service 
Bulletin 747-53A2860, dated December 4, 2012, be accomplished on 
these airplanes.
    (4) Where Boeing Alert Service Bulletin 747-53A2860, dated 
December 4, 2012, specifies ``all airplanes,'' this means all 
airplanes identified in paragraph (c) of this AD.

(j) Optional Terminating Action

    Doing the permanent repair, longeron extension fitting 
replacement, or preventative modification, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2860, dated December 4, 2012, terminates the repetitive 
inspections required by paragraph (g) of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, 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 the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Nathan Weigand, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: 
[email protected].

(m) 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 Alert Service Bulletin 747-53A2860, dated December 4, 
2012.
    (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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this 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 June 25, 2013.
Jeffrey E. Duven,
Acting Manager, Manager, Transport Airplane Directorate, Aircraft 
Certification Service.

[FR Doc. 2013-17137 Filed 7-19-13; 8:45 am]
BILLING CODE 4910-13-P