[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30008-30015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09835]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1103; Directorate Identifier 2012-NM-131-AD;
Amendment 39-17842; AD 2014-09-07]
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 757-200, -200PF, -200CB, and -300 series
airplanes. This AD was prompted by reports of cracking of the forward
bulkhead web, web stiffeners, attachment angles, and thermal anti-ice
(TAI) spray ring assemblies of the engine air intake cowl. This AD
requires replacing the forward bulkhead assembly, TAI spray ring
assembly, and attachment fittings of the air intake cowl. We are
issuing this AD to prevent the failure of air intake cowl components
due to cracking, which could result in the air intake cowl separating
from the engine and striking critical airplane control surfaces that
could result in a loss of airplane control; severe engine damage and
loss of thrust; or large parts striking a person or property on the
ground.
DATES: This AD is effective July 1, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 1, 2014.
ADDRESSES: For Rolls-Royce service information identified in this AD,
contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom;
telephone 011 44 1332 242424; fax 011 44 1332 249936; email http://www.rolls-royce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com. For Bombardier service information identified in
this AD, contact Short Brothers PLC, Airworthiness, P.O. Box 241,
Airport Road, Belfast, BT3 9DZ Northern Ireland; telephone +44(0)2890-
462469; fax +44(0)2890-468444; Internet http://www.bombardier.com. You
may view this 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 by searching for and locating Docket No. FAA-2012-
1103; 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 Docket 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: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6501; fax: (425) 917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 757-200, -200PF, -200CB, and -300 series airplanes. The NPRM
published in the Federal Register on October 19, 2012 (77 FR 64242).
The NPRM was prompted by reports of cracking of the forward bulkhead
web, web stiffeners, attachment angles, and thermal anti-ice (TAI)
spray ring assemblies of the engine air intake cowl. The NPRM proposed
to require replacing the forward bulkhead assembly, TAI spray ring
assembly, and attachment fittings of the air intake cowl. We are
issuing this AD to prevent the failure of air intake cowl components
due to cracking, which could result in the air intake cowl separating
from the engine and striking critical airplane control surfaces that
could result in a loss of airplane control; severe engine damage and
loss of thrust; or large parts striking a person or property on the
ground.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 64242, October 19, 2012) and the FAA's response to each comment.
Requests To Delay Final Rule Pending Modification as Terminating Action
FedEx, American Airlines (AAL), and United Airlines (UAL) requested
that we delay issuance of this final rule until the manufacturer can
release service information that contains instructions for a
modification as terminating action for the repetitive replacements
proposed in the NPRM (77 FR 69242, October 19, 2012). In lieu of that,
FedEx and AAL requested we include a modification as terminating
action. FedEx and AAL stated that it would be more beneficial to
accomplish the terminating modification rather than doing the interim
replacements of the air intake cowl bulkhead assemblies or parts. UAL
noted that airlines are working with Boeing to obtain improvements to
the current design, which includes a three-part solution to most
structural design deficiencies.
FedEx explained that Rolls-Royce was scheduled to release service
information including a terminating modification for the repetitive
replacements during the first quarter of 2013. UAL stated repetitive
replacement of the forward bulkhead is expensive and does not solve the
inherent design problem.
We partially agree. We agree that a terminating modification, if
available, should be included as part of this final rule, because
eliminating the in-service safety issue is a preferred choice over
repetitive replacement of assemblies or parts.
However, we disagree with delaying issuance of this final rule
until service information containing procedures for a terminating
modification becomes available. We have not received an exact date for
release of the planned Rolls-Royce service information. We have
determined that to delay this final rule would be inappropriate, since
we have determined that such a delay would not adequately address the
unsafe condition in a timely manner and that replacing the forward
bulkhead assembly components must be done to ensure continued safety.
When the terminating modification becomes available, we might consider
additional rulemaking. Operators may apply for approval of an
alternative method of compliance (AMOC) for these actions in accordance
with the provisions of paragraph (l) of
[[Page 30009]]
this AD. We have not changed this final rule in this regard.
Request To Reference Latest Service Information and Allow Credit
Rolls-Royce Group PLC (Rolls-Royce) requested that we refer to the
latest service information: Rolls-Royce Alert Non-Modification Service
Bulletin RB.211-71-AG698, Revision 1, dated September 28, 2012, which
was issued to correct minor typographical errors. Rolls-Royce also
requested that we allow credit for actions done previously using Rolls-
Royce Alert Non-Modification Service Bulletin RB.211-71-AG698, dated
October 14, 2011.
We agree to reference the latest service information and to allow
credit for using certain previous revisions. We have updated paragraphs
(g) and (h) of this final rule to reference Rolls-Royce Alert Non-
Modification Service Bulletin RB.211-71-AG698, excluding Appendix 1 and
including Appendices 2, 3, and 4, Revision 2, dated June 20, 2013,
which corrects a certain air intake cowl serial number; and to
reference Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014, which corrects certain part
numbers. We also have revised paragraph (i) of this final rule to allow
credit for certain actions done before the effective date of this AD
using Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, dated October 14, 2011; or Revision 1, dated September 28, 2012.
We also have revised paragraph (i) of this final rule to allow credit
for certain actions done before the effective date of this AD using
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003,
Revision 1, dated August 15, 2012; and Revision 2, dated December 5,
2012.
Requests To Delay Final Rule Until Service Information is Corrected
FedEx requested that this final rule be delayed until a part number
in certain service information is corrected. FedEx stated that Appendix
3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, dated October 14, 2011, called out part number LJ35477 for both
``Angle ATT FWD Outer'' and ``Angle Attachment FWD Outer.'' However,
the correct part number for the latter part is LJ35478.
We do not agree to delay issuance of this final rule. However, we
note that the part number error has already been corrected in Appendix
3 of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 1, dated September 28, 2012; and Revision 2, dated June
20, 2013. We have updated paragraphs (g), (h), (j), and (k) of this
final rule to reference Rolls-Royce Alert Non-Modification Service
Bulletin RB.211-71-AG698, excluding Appendix 1 and including Appendices
2, 3, and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-
Modification Service Bulletin RB211-E4-A1003, Revision 3, dated
February 4, 2014; as the appropriate sources of service information for
removing and replacing, with new parts, the forward bulkhead assembly,
TAI spray ring assembly, and attachment fittings of the air intake
cowl. Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014, also includes corrected part
number information: Part number LJ35479, with quantity two, was
corrected to LJ50537 and LJ50538, with one quantity each; part number
LJ35482 was corrected to LJ50535; and part number LJ35483 was corrected
to LJ50536.
AAL and FedEx requested that certain service information be updated
to allow the use of alternative rivets (fasteners) in place of obsolete
``MS20426DD'' fasteners. The commenters stated that service information
should include suitable alternatives; however, the commenters did not
propose suitable alternative fastener information.
We have confirmed with the parts manufacturer that the subject
rivets (fasteners) are not obsolete, as indicated by the commenters. In
addition, while we agree that it would be beneficial if the service
information were to include acceptable alternative fastener
information, in light of the urgency of the identified unsafe
condition, we do not find it appropriate to delay this final rule to
wait for additional revised service information. We included paragraph
(l) in this final rule to provide operators a means to request approval
of the use of an alternative fastener if sufficient data are presented
that demonstrate the rivet (fastener) is a suitable alternative. We
have not changed this final rule in this regard.
Request To Issue Component AD Instead of Airplane AD
FedEx requested that the applicability in paragraph (c) of the NPRM
(77 FR 69242, October 19, 2012) be revised to reference component part
numbers and serial numbers, rather than specific airplanes. FedEx
stated that the NPRM should apply to components rather than airplanes
because the applicability of the NPRM, as written, will create
confusion and will inhibit operator AD tracking capabilities.
We disagree with the commenter's request. According to FAA policy,
if an unsafe condition results from the installation of a particular
component in only one particular make and model of airplane, the AD
would apply to the airplane model, not the component. The reason for
this is simple: If the AD applies to the airplane model equipped with
the item, operators of those airplanes will be notified directly of the
unsafe condition and the action required to correct it. While we assume
that operators can identify the airplane models they operate, they may
not be aware of specific items installed on the airplanes. Therefore,
specifying the airplane models in the applicability as the subject of
the AD prevents an operator's ``unknowing failure to comply'' with the
AD. In this case, the air intake cowls of the affected design with the
identified unsafe condition are known to be confined to Model 757
airplanes; therefore, it is appropriate for the FAA to issue an
airplane AD, not a component AD. We have not changed this final rule in
this regard.
Request To Clarify Applicability Regarding Pratt & Whitney Engines
US Airways requested the NPRM (77 FR 69242, October 19, 2012) be
revised to clarify actions for airplanes equipped with Pratt & Whitney
engines.
We clarify that the applicability statement in paragraph (c) of
this final rule only identifies Boeing Model 757-200, -200PF, -200CB,
and -300 series airplanes equipped with certain Rolls-Royce engines.
This final rule does not apply to airplanes equipped with Pratt &
Whitney engines. No change has been made to this final rule in this
regard.
Request To Revise a Calendar-Based to a Cycle-Based Compliance Time
UPS requested that the compliance times in the NPRM (77 FR 69242,
October 19, 2012) be revised from calendar-based to cycle-based time
for the replacement requirement. UPS noted that the NPRM requires
replacement of forward bulkhead assemblies of air intake cowls at
calendar date intervals based solely on the date of manufacture. UPS
stated this requirement imposes unnecessary hardship and higher costs
to low-utilization operators. UPS stated that since the issue is one of
metal fatigue, a high-utilization operator will subject the same
components to multiple times the fatigue exposures as a low-utilization
operator over the same period.
UPS also stated that spare intake cowls that have never been in
service--and therefore have not seen metal fatigue--are subject to the
same calendar-based replacement intervals, and that this severely
degrades the value
[[Page 30010]]
and usability of intake cowls over time. UPS stated a cycle-based
compliance time would provide all operators the ability to maximize
utilization cycles on the affected intake cowls and defer the high
costs of replacement.
We disagree with the commenter's request to provide a cycle-based
compliance time because UPS did not provide any data to support a
particular cycle-based compliance time. Boeing and Rolls-Royce provided
risk analyses and recommended corrective action based on a prescribed
calendar-based compliance time. At the time we developed the NPRM (77
FR 69242, October 19, 2012), Boeing and Rolls-Royce stated there were
no reliable data to support a risk analysis based on cycle and time
usage, e.g., tracking (1) ownership of air intake cowls, (2) which
airplane a particular engine air intake cowl had been installed on, (3)
which engine a particular air intake cowl had been installed on, and
(4) the cycle or time usage on a certain air intake cowl. Thus, Boeing
and Rolls-Royce decided to manage the interim solution as a fleet risk,
requiring replacements at a specific time based on the air intake cowl
serial number.
However, if any operator has complete data on its air intake cowl
usage and substantiating data to justify a cycle-based compliance time,
then that operator may apply for approval of an AMOC in accordance with
the provisions of paragraph (l) of this AD. We have not changed this
final rule in this regard.
Requests for Extension of Compliance Time
FedEx and US Airways requested we extend the proposed compliance
time from 12 months to 24 months. Both suggested this revised
compliance time be applied for the cowls having the oldest serial
numbers (4001 through 4121). US Airways stated that the older cowls are
likely to have had a recent shop visit in which damaged components have
been detected and repaired. Both stated that neither the manufacturer
nor overhaul vendors could provide kits or manpower to accomplish the
tasks.
We infer that the commenters are referring to paragraph (h)(1) of
the NPRM (77 FR 69242, October 19, 2012). We disagree with the requests
to extend the specified compliance time since Rolls-Royce and
Bombardier have verified that adequate parts and repair facility
capacity are available to support the compliance time of this final
rule. Paragraph (l) of this AD provides operators the opportunity to
request approval of an AMOC if data are presented that prove an
alternative compliance time will provide an acceptable level of safety.
We have not changed this final rule in this regard.
Request To Use Supplemental Type Certificate (STC) Completion Date as
Initial Accomplishment of Forward Bulkhead Replacement
AAL stated if the operator suspects the Bombardier Aerospace E4X
STC was applied to the nose cowl, but the data plate does not reflect
it, the operator should contact Bombardier to determine if that
particular serial number nose cowl had the STC applied. AAL stated if
the STC was done, then that date can be used as the initial
accomplishment of the forward bulkhead replacement.
We disagree with the request. We infer from AAL's statement that
AAL incorrectly assumes that Bombardier Aerospace STC ST02102NY (http:/
/rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) specifies the
replacement of the forward bulkhead assembly. Bombardier Aerospace STC
ST02102NY specifies replacement of the metal intake barrel liner in the
535E4 Dyna-Rohr inlet series with a composite intake barrel liner; and
also specifies the embodiment of new double thickness insulation
blankets, additional intake barrel support brackets, a 50,000 series
engine ring, lipskin main diffuser and joints, primary assembly inner
rear angles and joints, and a bonding strap, among other associated
changes. Bombardier Aerospace STC ST02102NY does not replace the
forward bulkhead assembly of the air intake cowl.
However, for operators having sufficient repair records for the
replacement of a forward bulkhead assembly, paragraph (l) of this AD
provides the opportunity to request approval of an AMOC if data are
presented to show that the work accomplished is equivalent to the
applicable replacement required by this final rule. We have not changed
this final rule in this regard.
Requests To Clarify Compliance Time on Previously Reworked Air Intake
Cowls
Rolls-Royce and Boeing requested the compliance time specified in
paragraph (g) of the NPRM (77 FR 69242, October 19, 2012) be modified
by removing the phrase ``or within 12 months after the effective date
of this AD, whichever is later'' and replacing it with a different
compliance time.
Boeing stated that the risk assessment used to develop the
compliance times did not account for any previous air intake cowl
replacement and assumed all air intake cowls would be replaced by a
phased compliance time.
Rolls-Royce stated that air intake cowls that previously had parts
replaced with the applicable kits would only need to be replaced again
within 144 months since the last replacement, or according to the
phased compliance times specified in paragraph (h) of the NPRM (77 FR
69242, October 19, 2012), whichever is later. Rolls-Royce stated the
compliance times specified in paragraph (g) of the NPRM would penalize
the operators that had previously performed the required actions.
We agree with the commenters' requests to revise the specified
compliance time. Operators that had previously replaced air intake cowl
parts should not be penalized by having to comply with this AD sooner
than operators that had not done any replacement. For consistency with
the compliance time recommended by the manufacturer, we have removed
the phrase ``or within 12 months after the effective date of this AD,
whichever is later'' in paragraph (g) of this final rule and replaced
it with the phrase ``or according to the applicable time specified in
paragraphs (h)(1) through (h)(12) of this AD, whichever is later.''
Requests To Allow Repairs Using Original Equipment Manufacturer (OEM)
Data
AAL and FedEx requested the NPRM (77 FR 69242, October 19, 2012)
contain a statement about future repairs allowing operators the ability
to do structural repairs of the forward bulkhead using OEM/owner/
operator manuals and specifications using OEM/owner/operator
manufactured replacement parts in the event of a premature forward
bulkhead failure.
Clarification is needed regarding allowing operators to do future
structural repairs of the forward bulkhead. We infer from the comments
that the commenters are requesting to perform bulkhead repairs without
the need to apply for approval of AMOCs to do those repairs. After
accomplishing the actions required by this AD, future maintenance and/
or preventive maintenance under 14 CFR part 43 is permitted provided
the maintenance does not result in changing the AD-mandated
configuration (reference 14 CFR 39.7).
For repairs that do change the AD-mandated configuration, paragraph
(l)(3) of this AD allows repair methods to be approved by Boeing
Commercial Airplanes Organization Designation Authorization (ODA) that
has been
[[Page 30011]]
authorized by the Manager, Seattle Aircraft Certification Office (ACO),
to make those findings. We have not changed this AD in this regard.
Requests for Correction of Typographical Error
Boeing, FedEx, AAL, and US Airways requested we correct ``535EX''
cowls to ``535E4X'' cowls for referring to air intake cowls that have
been modified using Bombardier Aerospace STC ST02102NY (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) in paragraphs
(g), (h), and (i) of the NPRM (77 FR 69242, October 19, 2012). FedEx
stated this typo also exists in the Relevant Service Information
section of the preamble of the NPRM.
We agree. We have changed paragraphs (g), (g)(1), and (h) of this
final rule to refer to ``535E4X'' cowls. In addition, we removed the
introductory phrase that appeared in paragraph (i) of the NPRM (77 FR
69242, October 19, 2012), which included the incorrect cowl reference.
However, because the Relevant Service Information section is not
restated in the preamble of this final rule, we have not made any
change to the preamble of this final rule in that regard.
Requests for a Way To Clearly Identify Air Intake Cowls
AAL and FedEx requested a clear means of identifying E4X air intake
cowls on which Bombardier Aerospace STC ST02102NY (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) has been applied
to the air intake cowl. AAL and FedEx stated, in two cases where
Bombardier Aerospace STC ST02102NY was applied to AAL's air intake
cowl, the data plate should have been labeled ``CSRSCH1001,'' but it
was not. AAL stated that, if the data plate does not reflect it, the
operator should contact Bombardier to determine if a particular serial
number nose cowl had the STC applied.
We infer from AAL's and FedEx's statements that, if air intake
cowls modified by Bombardier Aerospace STC ST02102NY (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf) are not clearly
identified, an operator could inadvertently use the wrong service
bulletin. If the data plate does not clearly identify the air intake
cowl as an E4X cowl, an operator must determine the correct
identification through the airplane's records. We agree with AAL's
comment that contacting the holder of the STC might be an appropriate
means to determine if the air intake cowl is one that had the STC
applied. No change has been made to this final rule in this regard.
Request To Allow Use of Undrilled Parts
AAL requested that the referenced service information be revised to
allow the use of undrilled parts in place of certain drilled parts. AAL
noted that Bombardier has delivered kits that included the correct part
with no pilot holes.
We do not agree to delay issuance of this final rule until revised
service information can be approved and released. However, we agree
with the commenter's request to allow use of undrilled parts. After our
discussion with the manufacturers, we have determined the following
parts are acceptable for use: undrilled attachment angles and
attachment angle joints having a part number with a suffix `U';
undrilled attachment angles, attachment angle joints, diaphragm
segments and reinforcing plate that have a trim allowance left, having
a part number with a suffix `S'; and rib stiffeners, with pilot holes
and trim allowance left, that have a part number with a suffix `S.'
These separate/loose kit parts used for accomplishment of this final
rule must be undrilled or with just the pilot holes present prior to
modification. While accomplishing the repair, the final size holes must
be drilled and, where applicable, the parts must be trimmed with
reference to the removed parts or to the retained existing structure.
We have added a new paragraph (k) to this final rule to allow the
use of certain undrilled parts, undrilled parts with trim allowance
remaining, or parts with pilot holes and trim allowance remaining that
are supplied as separate/loose kit parts, and that have a part number
with an `S' or `U' suffix in place of the plain part number specified
in Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG698,
excluding Appendix 1 and including Appendices 2, 3, and 4, Revision 2,
dated June 20, 2013; and Bombardier Alert Non-Modification Service
Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014. We have
redesignated subsequent paragraphs accordingly.
Requests for Removing Non-Existent Engine Reference
Boeing and Rolls-Royce requested we remove the reference to ``-
535E4X'' engines from paragraph (c) of the NPRM (77 FR 69242, October
19, 2012).
We agree with the commenters' request. There are no engines with a
-535E4X designation. Therefore, we have removed the reference to -
535E4X engines from paragraph (c) of this final rule.
Request To Reference Air Intake Cowl Part Numbers and Serial Numbers
Boeing requested we revise the NPRM (77 FR 69242, October 19, 2012)
to reference the inlet cowl part number and serial number series
instead of the Dyna-Rohr standard and the Bombardier standard when
referring to the different inlet configurations in paragraphs (g)(2)
and (g)(3) of the NPRM. Boeing stated this provides positive
identification of the inlet configurations.
We disagree with the request. Proper identification of part and
serial numbers will avoid confusion for compliance with this final
rule. However, inserting all the specific part and serial numbers in
this final rule would duplicate required information that is already
contained in the referenced service information. No change has been
made to this final rule in this regard.
Request To Revise Certain Terminology
US Airways requested we change the word ``replace'' to the word
``repair'' in the identification of affected airplanes in paragraph (g)
of the NPRM (77 FR 69242, October 19, 2012). Also, US Airways requested
we change the terms ``replacement of the air intake cowl,''
``replacement,'' and ``replace,'' in multiple locations of the NPRM to
``accomplishment of the applicable service bulletin on the inlet
cowl.''
US Airways stated that the word ``repair'' is a more accurate
description of the action taken on the inlet cowl to incorporate the
referenced service information. US Airways stated that clarifying the
wording would aid operators in tracking accomplishment of the NPRM (77
FR 69242, October 19, 2012), and added that the wording change would
prevent confusion between requiring the replacement of the forward
bulkhead parts versus replacement of the inlet cowl itself.
We partially agree. We disagree with changing the term ``replaced''
to ``repaired'' because that change in terminology is inaccurate. We
agree that this final rule should be modified because accomplishment of
the applicable service information on an air intake cowl addresses the
unsafe condition. We, therefore, have revised paragraphs (g) and (h) of
this final rule by adding the words, ``replace the air intake cowl with
a cowl which has had
[[Page 30012]]
the forward bulkhead assembly, TAI spray ring assembly, and associated
attachment fittings of the air intake cowl replaced using a kit or new
parts,'' to provide a more accurate description of what is required.
Request for Credit Using Unpublished Service Information
UAL requested credit for work for previous inspections and repairs
on affected cowls using Rolls-Royce Alert Non-Modification Service
Bulletin RB.211-71-AG242 (no revision or date given). UAL stated this
service information recommends an extension of 72 months for the
initial repetitive replacement. UAL stated that over fifty percent of
its inlets have been repaired or overhauled, and most air intake cowl
inlets have had the bulkhead inspected and cracks repaired by
replacement of individual structural parts.
We disagree. The only applicable and allowable service information
for Model 757 airplanes with Rolls-Royce engines is Rolls-Royce Alert
Non-Modification Service Bulletin RB.211-71-AG698. Rolls-Royce has
informed us that Rolls-Royce Alert Non-Modification Service Bulletin
RB.211-71-AG242 was never officially published. We have not reviewed
that service information to determine whether it is equivalent to
Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG698.
Thus, we cannot provide credit for work that was accomplished using
Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-AG242.
For operators having sufficient repair records for the bulkhead
assembly of an air intake cowl, paragraph (l) of this AD provides the
opportunity to request approval of an AMOC if data are presented that
show that previous work accomplished was equivalent to the work
specified by Rolls-Royce Alert Non-Modification Service Bulletin
RB.211-71-AG698. We have not changed this final rule in this regard.
Request for Credit Through Extension of Compliance Time
FedEx requested credit for any previous inspections or repairs by
being allowed an extension of the compliance time proposed in the NPRM
(77 FR 69242, October 19, 2012). FedEx stated that all of its inlet
cowls had been inspected and any damage to inlet cowl bulkheads had
been repaired during regular maintenance intervals.
We disagree with the commenter's request because we do not know if
previous repairs or inspections are equivalent to the requirements
specified by this final rule. For operators having sufficient repair
records for the bulkhead assembly of an air intake cowl, paragraph (l)
of this AD provides the opportunity to request approval of an AMOC if
data are presented that show that previous work accomplished is
equivalent to the work specified in Rolls-Royce Alert Non-Modification
Service Bulletin RB.211-71-AG698. We have not changed this final rule
in this regard.
Request To Revise Service Bulletin Citation
Rolls-Royce requested we revise the NPRM (77 FR 69242, October 19,
2012) to refer to the Rolls-Royce RB.211-71-AG698 publication as
``Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698.''
We agree with the commenter's request because the service
information includes the words ``Alert Non-Modification'' in the title.
We have revised the title of the Rolls-Royce service information
throughout this final rule accordingly. We have also changed the
reference to the Bombardier RB211-E4-A1003 publication to ``Bombardier
Alert Non-Modification Service Bulletin RB211-E4-A1003,'' in a similar
manner, throughout this final rule.
Requests To Allow the Use of Later Revisions of Service Information
FedEx and AAL requested that the NPRM (77 FR 69242, October 19,
2012) contain a general statement allowing the use of subsequent FAA-
approved revisions of the service information as acceptable methods of
compliance for the NPRM.
We disagree with the commenters' request. Allowing the use of later
revisions of service documents in an AD is not allowed by the Office of
the Federal Register regulations for approving materials incorporated
by reference. Affected operators may, however, request approval to use
a later revision of referenced service information as an AMOC in
accordance with the procedures specified in paragraph (l) of this final
rule. We have not changed this final rule in this regard.
Requests To Resolve Issues Relating to Warranty Coverage and Published
Cost Data
AAL and FedEx requested that warranty considerations be included in
the Costs of Compliance of the NPRM (77 FR 69242, October 19, 2012) to
remove the economic burden of the NPRM on the operators. AAL, UAL, and
FedEx stated that the bulkhead is a flawed design. UAL stated that to
replace the flawed bulkhead every 144 months with a bulkhead of the
same flawed design is expensive and does not solve the inherent design
problem. FedEx and AAL noted that the cost of parts kits purchased from
Bombardier is unreasonably high, and that Bombardier charges higher
costs for kits if an operator does not use Bombardier's services and
facilities to perform the work. FedEx added that the NPRM (77 FR 69242,
October 19, 2012) addresses a safety issue and that parts costs should
not be governed by business tactics or profits.
We find that no change to the final rule is necessary in this
regard. Warranties are not regulated by the FAA. We use manufacturer-
quoted parts costs provided in referenced service information in our
calculation of the Costs of Compliance. We are not aware of any
warranty remedies for the actions required by this final rule.
Statement Regarding the Installation of Winglets
Aviation Partners Boeing (APB) stated that accomplishing the
supplemental type certificate STC ST01518SE (http://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgstc.nsf/0/
48e13cdfbbc32cf4862576a4005d308b/$FILE/ST01518SE.pdf) does not affect
the actions specified in the NPRM (77 FR 64242, October 19, 2012).
We concur with the commenter. We have redesignated paragraph (c) of
the NPRM as (c)(1) and added new paragraph (c)(2) to this final rule to
state that the designation of (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$FILE/
ST01518SE.pdf) does not affect the ability to accomplish the actions
required by this final rule. Therefore, for airplanes on which STC
ST01518SE is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
Explanation of Change Made to This Final Rule
We have changed paragraph (i) of this final rule to allow credit
for actions done before the effective date of this AD using Rolls-Royce
Alert Non-Modification Service Bulletin RB.211-71-AG698, dated October
14, 2011; and Revision 1, dated September 28, 2012.
Since we issued the NPRM (77 FR 69242, October 19, 2012), we have
received updated service information from Bombardier. Bombardier Alert
Non-Modification Service Bulletin RB211-E4-A1003, Revision 3, dated
February 4, 2014, corrects part number
[[Page 30013]]
errors contained in previous service information.
We also revised paragraph (i) of this AD to allow credit for
actions done previously using Bombardier Alert Non-Modification Service
Bulletin RB211-E4-A1003, dated June 27, 2012; Revision 1, dated August
15, 2012; and Revision 2, dated December 5, 2012, provided that where
this service information specifies part number LJ35479, quantity of
two, part numbers LJ50537 and LJ50538, quantity of one each, be used.
Also, where this service information specifies part number LJ35482, use
part number LJ50535, and where this service information specifies part
number LJ35483, use part number LJ50536.
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 (77 FR 64242, October 19, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 64242, October 19, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Interim Action
We consider this AD interim action due to on-going investigation
into the nature, cause, and extent of the cracking. If final action is
later identified, based on the results of the investigation, we might
consider further rulemaking then.
Costs of Compliance
We estimate that this AD affects 332 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
----------------------------------------------------------------------------------------------------------------
Replace left-side air intake Up to 252 work- Up to $158,760.... Up to $180,180 per Up to $59,819,760.
cowl components. hours x $85 per replacement.
hour = $21,420
per replacement.
Replace right-side air intake Up to 252 work- Up to $158,760.... Up to $180,180 per Up to $59,819,760.
cowl components. hours x $85 per replacement.
hour = $21,420
per replacement.
----------------------------------------------------------------------------------------------------------------
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):
2014-09-07 The Boeing Company: Amendment 39-17842; Docket No. FAA-
2012-1103; Directorate Identifier 2012-NM-131-AD.
(a) Effective Date
This AD is effective July 1, 2014.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category,
equipped with Rolls-Royce RB211-535E4, -535E4-B, and -535E4-C
engines; or with Rolls-Royce RB211-535E4, -535E4-B, and -535E4-C
engines that have air intake cowls that were modified by Bombardier
Aerospace Supplemental Type Certificate (STC) ST02102NY (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf), commonly
known as 535E4X cowls.
(2) Installation of supplemental type certificate (STC)
ST01518SE (http://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$FILE/ST01518SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01518SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 71, Powerplant.
(e) Unsafe Condition
This AD was prompted by reports of cracking of the forward
bulkhead web, web stiffeners, attachment angles, and thermal
[[Page 30014]]
anti-ice (TAI) spray ring assemblies of the engine air intake cowl.
We are issuing this AD to prevent the failure of air intake cowl
components due to cracking, which could result in the air intake
cowl separating from the engine and striking critical airplane
control surfaces that could result in a loss of airplane control;
severe engine damage, and loss of thrust; or large parts striking a
person or property on the ground.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Replacement of Air Intake Cowl Forward Bulkhead Assemblies
Previously Disassembled
For airplanes on which the air intake cowls were replaced before
the effective date of this AD using a kit or parts identified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD: Within 144 months
since replacement of the air intake cowl, or according to the
applicable time specified in paragraphs (h)(1) through (h)(l2) of
this AD, whichever is later, replace the air intake cowl with a cowl
which has had the forward bulkhead assembly, TAI spray ring
assembly, and associated attachment fittings of the air intake cowl
replaced using a kit or new parts, in accordance with the
Accomplishment Instructions of Bombardier Alert Non-Modification
Service Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014
(for engines with air intake cowls modified by Bombardier Aerospace
STC ST02102NY (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/256325188c3b1f2f8625705f004dd977/$FILE/
ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated
June 20, 2013 (for engines having Dyna-Rohr or Bombardier standard
air intake cowls). Repeat the replacement thereafter at intervals
not to exceed 144 months.
(1) RB211-E4A1003KIT, or all the parts listed in Appendix 3 of
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003,
Revision 3, dated February 4, 2014 (for engines with air intake
cowls modified by Bombardier Aerospace STC ST02102NY (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
256325188c3b1f2f8625705f004dd977/$FILE/ST02102NY.pdf, commonly known
as a 535E4X cowls).
(2) RB211-71-AG698-E4KIT, or all the parts listed in Appendix 3
of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 2, dated June 20, 2013 (for engines with Dyna-Rohr
standard air intake cowls).
(3) RB211-71-AG698-E4BKIT, or all the parts listed in Appendix 4
of Rolls-Royce Alert Non-Modification Service Bulletin RB.211-71-
AG698, Revision 2, dated June 20, 2013 (for engines with Bombardier
standard air intake cowls).
(h) Replacement of In-Service Air Intake Cowl Complete Forward Bulkhead
Assemblies
For airplanes other than those identified in paragraph (g) of
this AD: At the applicable time specified in paragraphs (h)(1)
through (h)(12) of this AD, replace the air intake cowl with a cowl
which has had the forward bulkhead assembly, TAI spray ring
assembly, and associated attachment fittings of the air intake cowl
replaced using a kit or new parts, in accordance with the
Accomplishment Instructions of Bombardier Alert Non-Modification
Service Bulletin RB211-E4-A1003, Revision 3, dated February 4, 2014
(for engines with air intake cowls modified by Bombardier Aerospace
STC ST02102NY (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/256325188c3b1f2f8625705f004dd977/$FILE/
ST02102NY.pdf, commonly known as a 535E4X cowls); or Rolls-Royce
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated
June 20, 2013 (for engines with Dyna-Rohr or Bombardier standard air
intake cowls). Repeat the replacement thereafter at intervals not to
exceed 144 months.
(1) For airplanes with air intake cowls having serial numbers
4001 through 4121 inclusive: Replace within 12 months after the
effective date of this AD.
(2) For airplanes with air intake cowls having serial numbers
4122 through 4241 inclusive: Replace within 24 months after the
effective date of this AD.
(3) For airplanes with air intake cowls having serial numbers
4242 through 4361 inclusive: Replace within 36 months after the
effective date of this AD.
(4) For airplanes with air intake cowls having serial numbers
4362 through 4481 inclusive: Replace within 48 months after the
effective date of this AD.
(5) For airplanes with air intake cowls having serial numbers
4482 through 4484 inclusive: Replace within 60 months after the
effective date of this AD.
(6) For airplanes with air intake cowls having serial numbers
9001 through 9117 inclusive: Replace within 60 months after the
effective date of this AD.
(7) For airplanes with air intake cowls having serial numbers
9118 through 9237 inclusive: Replace within 72 months after the
effective date of this AD.
(8) For airplanes with air intake cowls having serial numbers
9238 through 9357 inclusive: Replace within 84 months after the
effective date of this AD.
(9) For airplanes with air intake cowls having serial numbers
9358 through 9477 inclusive: Replace within 96 months after the
effective date of this AD.
(10) For airplanes with air intake cowls having serial numbers
9478 through 9597 inclusive: Replace within 108 months after the
effective date of this AD.
(11) For airplanes with air intake cowls having serial numbers
9598 through 9717 inclusive: Replace within 120 months after the
effective date of this AD.
(12) For airplanes with air intake cowls having serial numbers
9718 through 9786 inclusive: Replace within 132 months after the
effective date of this AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using the applicable service
information specified in paragraphs (i)(1)(i) through (i)(1)(v) of
this AD, which are not incorporated by reference in this AD.
(i) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698, dated October 14, 2011.
(ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698,
Revision 1, dated September 28, 2012.
(iii) Bombardier Alert Non-Modification Service Bulletin RB211-
E4-A1003, dated June 27, 2012, except as required by paragraph
(i)(2) of this AD.
(iv) Bombardier Alert Non-Modification Service Bulletin RB211-
E4-A1003, Revision 1, dated August 15, 2012, except as required by
paragraph (i)(2) of this AD.
(v) Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 2, dated December 5, 2012, except as required by
paragraph (i)(2) of this AD.
(2) Where Bombardier Alert Non-Modification Service Bulletin
RB211-E4-A1003, dated June 27, 2012; Revision 1, dated, August 15,
2012; or Revision 2, dated December 5, 2012; specifies part number
LJ35479, quantity of two, use part numbers LJ50537 and LJ50538,
quantity of one each. Where Bombardier Alert Non-Modification
Service Bulletin RB211-E4-A1003, dated June 27, 2012; Revision 1,
dated, August 15, 2012; or Revision 2, dated December 5, 2012;
specifies part number LJ35482, use part number LJ50535; and where
the service information specifies part number LJ35483, use part
number LJ50536.
(j) No Reporting Requirement
Although Bombardier Alert Non-Modification Service Bulletin
RB211-E4-A1003, Revision 3, dated February 4, 2014; and Rolls-Royce
Alert Non-Modification Service Bulletin RB.211-71-AG698, excluding
Appendix 1 and including Appendices 2, 3, and 4, Revision 2, dated
June 20, 2013; specify to submit certain information to the
manufacturer, this AD does not include that requirement.
(k) Exception to Service Information Regarding Use of Parts
Where Rolls-Royce Alert Non-Modification Service Bulletin
RB.211-71-AG698, excluding Appendix 1 and including Appendices 2, 3,
and 4, Revision 2, dated June 20, 2013; and Bombardier Alert Non-
Modification Service Bulletin RB211-E4-A1003, Revision 3, dated
February 4, 2014; specify part numbers that lack a suffix, this AD
allows the use of parts specified in paragraphs (k)(1) through
(k)(3) of this AD, but does not allow use of pre-drilled parts when
they are sold or delivered as separate parts and are not part of a
forward bulkhead assembly kit. The parts used for accomplishment of
this AD must be undrilled, or must only have pilot holes present
prior to the repair accomplishment. While accomplishing the repair,
the final size holes must be drilled and, where applicable,
[[Page 30015]]
the parts must be trimmed with reference to the removed parts or to
the retained existing structure, in accordance with the
Accomplishment Instructions of Rolls-Royce Alert Non-Modification
Service Bulletin RB.211-71-AG698, excluding Appendix 1 and including
Appendices 2, 3, and 4, Revision 2, dated June 20, 2013; and
Bombardier Alert Non-Modification Service Bulletin RB211-E4-A1003,
Revision 3, dated February 4, 2014.
(1) Undrilled attachment angles and attachment angle joints
having a part number with a suffix `U.'
(2) Undrilled attachment angles, attachment angle joints,
diaphragm segments and reinforcing plate that have a trim allowance
left, having a part number with a suffix `S.'
(3) Rib stiffeners, with pilot holes and trim allowance left,
having a part number with a suffix `S.'
(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 Kevin Nguyen,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: (425) 917-6501; 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), (n)(4), and (n)(5) 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) Bombardier Alert Non-Modification Service Bulletin RB211-E4-
A1003, Revision 3, dated February 4, 2014.
(ii) Rolls-Royce Alert Non-Modification Service Bulletin RB.211-
71-AG698, excluding Appendix 1 and including Appendices 2, 3, and 4,
Revision 2, dated June 20, 2013. (The revision level of this
document is identified in the transmittal pages only.)
(3) For Rolls-Royce service information identified in this AD,
contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United
Kingdom; telephone 011 44 1332 242424; fax 011 44 1332 249936; email
http://www.rolls-royce.com/contact/civil_team.jsp; Internet https://www.aeromanager.com.
(4) For Bombardier service information identified in this AD,
contact Short Brothers, Airworthiness, P.O. Box 241, Airport Road,
Belfast, BT3 9DZ, Northern Ireland; telephone +44(0)2890-462469; fax
+44(0)2890-468444; Internet http://www.bombardier.com.
(5) You may view this 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.
(6) 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 April 18, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-09835 Filed 5-23-14; 8:45 am]
BILLING CODE 4910-13-P