[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70214-70216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0461; Directorate Identifier 2012-NM-169-AD; 
Amendment 39-17670; AD 2013-23-15]
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 superseding Airworthiness Directive (AD) 2009-06-02, 
which applied to certain The Boeing Company Model 747-100, 747-100B, 
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR, 
and 747SP series airplanes. AD 2009-06-02 required repetitive 
inspections for skin cracks at the shear tie end fastener locations of 
the fuselage frames, and repair of cracks if necessary. This new AD 
also requires repetitive inspections for skin cracks next to the shear 
tie on airplanes with certain existing repair doublers, and corrective 
actions if necessary. This AD also revises the applicability to include 
additional airplanes. This AD was prompted by additional cracking found 
on an airplane not affected by AD 2009-06-02. We are issuing this AD to 
detect and correct fatigue cracks in the fuselage skin that can 
propagate and grow, and result in reduced structural integrity and 
sudden decompression of the airplane in flight.

DATES: This AD is effective December 30, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
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 view this 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.

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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6577; 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 supersede AD 2009-06-02, Amendment 39-15838 (74 FR 11013, 
March 16, 2009). AD 2009-06-02 applied to the specified products. The 
NPRM published in the Federal Register on June 3, 2013 (78 FR 33012). 
The NPRM proposed to continue to require repetitive inspections for 
skin cracks at the shear tie end fastener locations of the fuselage 
frames, and repair of cracks if necessary. The NPRM also proposed to 
require repetitive inspections for skin cracks next to the shear tie on 
airplanes with certain existing repair doublers, and corrective actions 
if necessary. The NPRM also proposed to revise the applicability to 
include additional airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 33012, June 3, 2013) and the FAA's response to each comment.

Request To Revise Repetitive Inspection Type

    Boeing requested that we revise paragraph (h) of the NPRM (78 FR 
33012, June 3, 2013) to correct the required inspection method for the 
repetitive inspections. The NPRM specified repeating the ``external 
detailed inspection'' at the times specified in table 4 or table 5 of 
Boeing Alert Service Bulletin 747-53A2682, Revision 1, dated May 24, 
2012. Boeing noted however that the compliance times in those tables 
are for internal high frequency eddy current (HFEC) inspection.
    We agree with the request. Paragraph (h) of this AD requires an 
internal HFEC inspection; the inspections that must be repeated are 
also internal HFEC inspections. We have revised paragraph (h) in this 
final rule to specify that the inspection to be repeated is an internal 
HFEC inspection.

Request To Revise Description of Unsafe Condition

    Boeing requested that we revise the description of the unsafe 
condition to clarify that the subject of the unsafe condition is the 
fuselage area--not the frame shear ties, as stated in the NPRM (78 FR 
33012, June 3, 2013).
    We agree with the request and rationale. We have revised paragraph 
(e) in this final rule to explain that the fuselage skin--not the ties 
themselves--is subject to widespread fatigue damage.

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

[[Page 70215]]

and minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 33012, June 3, 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 33012, June 3, 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 234 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
        Action                  Labor cost            Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection............  30 or 49 work-hours                     $0  $2,550 or $4,165 per   Up to $974,610 per
                         (depending on inspection)                   inspection cycle.      inspection cycle.
                         x $85 per hour = $2,550
                         or $4,165 per inspection
                         cycle.
----------------------------------------------------------------------------------------------------------------

    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.
    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 removing Airworthiness Directive (AD) 
2009-06-02, Amendment 39-15838 (74 FR 11013, March 16, 2009), and 
adding the following new AD:

2013-23-15 The Boeing Company: Amendment 39-17670; Docket No. FAA-
2013-0461; Directorate Identifier 2012-NM-169-AD.

(a) Effective Date

    This AD is effective December 30, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-06-02, Amendment 39-15838 (74 FR 
11013, March 16, 2009).

(c) Applicability

    This AD applies to The Boeing Company 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, as identified in 
Boeing Alert Service Bulletin 747-53A2682, Revision 1, dated May 24, 
2012.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder indicating that certain fuselage frames are subject to 
widespread fatigue damage. The actions were developed to support the 
airplane's limit of validity of the engineering data that support 
the established structural maintenance program. We are issuing this 
AD to detect and correct fatigue cracks in the fuselage skin that 
can propagate and grow, and result in reduced structural integrity 
and sudden decompression of the airplane in flight.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2682, 
Revision 1, dated May 24, 2012, except as provided by paragraphs 
(i)(1) and (i)(2) of this AD, do an external detailed or high 
frequency eddy current (HFEC) inspection for skin cracks at 
specified shear tie end fastener locations of the fuselage frames, 
and do all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2682, Revision 1, dated May 24, 2012, except as required by 
paragraph (i)(3) of this AD. Do all applicable corrective actions 
before further flight. Repeat the external detailed or HFEC 
inspection thereafter at the applicable time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2682, 
Revision 1, dated May 24, 2012.

(h) Post-Repair Inspections

    For any external repair doubler in the inspection area specified 
in the Accomplishment Instructions of Boeing Alert Service Bulletin 
747-53A2682, Revision 1, dated May 24, 2012, that has an upper or 
lower fastener row that is common to a shear tie end fastener: At 
the applicable time specified in paragraph (h)(1) or (h)(2) of this 
AD, whichever occurs later, do an internal HFEC inspection for 
cracks in the skin next to the shear tie, and do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2682, Revision 
1, dated May 24, 2012, except as required by

[[Page 70216]]

paragraph (i)(3) of this AD. Do all corrective actions before 
further flight. Repeat the internal HFEC inspection thereafter at 
the time specified in Table 4 or Table 5 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2682, 
Revision 1, dated May 24, 2012, as applicable.
    (1) Before further flight after an inspection required by 
paragraph (g) of this AD.
    (2) Within 2,000 flight cycles after the effective date of this 
AD.

(i) Service Information Clarifications and Exceptions

    (1) Paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2682, Revision 1, dated May 24, 2012, specifies 
certain compliance times in terms of the effective date of AD 2009-
06-02, Amendment 39-15838 (74 FR 11013, March 16, 2009). The 
effective date of AD 2009-06-02 is April 20, 2009.
    (2) Where paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 747-53A2682, Revision 1, dated May 24, 2012, 
specifies counting the compliance time ``after the revision 1 date 
of this service bulletin,'' this AD requires compliance within the 
applicable time after the effective date of this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2682, Revision 1, 
dated May 24, 2012, specifies to contact Boeing for repair 
instructions, this AD requires repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 747-
53A2682, dated May 8, 2008.

(k) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(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 paragraph (m)(1) 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.

(m) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6577; fax: 425-917-6590; email: 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (n)(3) and (n)(4) of this AD.

(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 Alert Service Bulletin 747-53A2682, Revision 1, dated 
May 24, 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 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 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 November 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-27845 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P