[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10750-10753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03593]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0211; Product Identifier 2020-NM-006-AD; Amendment 
39-21398; AD 2021-02-15]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain 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, and 
747SR series airplanes. This AD was prompted by reports of inboard 
foreflap departures from the airplane. This AD requires repetitive 
replacement of certain parts; a general visual inspection to determine 
production configuration for certain parts; a repetitive lubrication of 
certain parts and a repetitive general visual inspection of certain 
parts for any exuding grease; repetitive detailed inspections of 
certain parts for loose or missing attachment bolts, cracks or bushing 
migration, cracks or gouges, or broken, binding, or missing rollers; 
repetitive detailed inspections of certain parts for cracks or 
corrosion; repetitive lubrication; and on-condition actions if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; phone: 562-797-1717; internet: https://www.myboeingfleet.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0211.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0211; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is 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: Eric Lin, Aerospace Engineer, Airframe 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198; phone and fax: 206-231-3523; email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 10751]]

Discussion

    The FAA 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 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-
200F, 747-300, 747-400, 747-400D, 747-400F, and 747SR series airplanes. 
The NPRM published in the Federal Register on May 18, 2020 (85 FR 
29673). The NPRM was prompted by reports of inboard foreflap departures 
from the airplane. The NPRM proposed to require repetitive replacement 
of certain parts; a general visual inspection to determine production 
configuration for certain parts; a repetitive lubrication of certain 
parts and a repetitive general visual inspection of certain parts for 
any exuding grease; repetitive detailed inspections of certain parts 
for loose or missing attachment bolts, cracks or bushing migration, 
cracks or gouges, or broken, binding, or missing rollers; repetitive 
detailed inspections of certain parts for cracks or corrosion; 
repetitive lubrication; and on-condition actions if necessary.
    The FAA is issuing this AD to address departures of the inboard 
foreflap assembly from the airplane, which could result in damage to 
the airplane and adversely affect the airplane's continued safe flight 
and landing.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) and Boeing 
expressed support for the NPRM.

Request To Incorporate Inspection and Overhaul Program

    Atlas Air (Atlas) requested that the FAA revise the proposed AD to 
incorporate and provide credit for Atlas's flap inspection and overhaul 
program. Atlas explained that after four flap failure events, their 
flap mitigation team formulated a program of actions that successfully 
address the unsafe conditions cited in the NPRM.
    The FAA acknowledges that alternative methods may exist to address 
the potential unsafe condition, but disagrees with the request to 
revise this AD to incorporate specific actions from the Atlas flap 
mitigation program. That program is unique to an individual operator, 
and Atlas has not provided the FAA substantiating data demonstrating 
that these proposed changes provide an equivalent level of safety. 
Atlas may apply for an AMOC with substantiating data. The FAA has not 
changed this AD with regard to this request.

Request for Change in Inspection Requirement

    Cargolux (CLX) requested that the proposed inspection, as specified 
in Boeing Alert Requirements Bulletin 747-57A2367 RB, dated November 
15, 2019, Table 1, Action 2, no longer include identifying nuts with 
part number BACN10HR7CD. CLX explained that determining the part number 
by inspection is difficult due to access restrictions, and operators 
may have to replace the subject nuts to be compliant with the proposed 
AD.
    The FAA disagrees with the requested exemption because it is 
unnecessary. Boeing Alert Requirements Bulletin 747-57A2367 RB, dated 
November 15, 2019, Table 1, Action 2, specifies a ``general visual 
inspection of the inboard foreflap assembly stop, stop attachment 
bolts, stop lug attachment bolts, and rollers.'' The subject nuts are 
not specifically identified. Additionally, the service bulletin does 
not mandate a specific method of compliance for this inspection. It 
refers to Part 2 of Boeing Alert Service Bulletin 747-57A2367, dated 
November 15, 2019, where the subject nut is listed, as an accepted 
procedure. In accordance with Note 6 of the Accomplishment 
Instructions, ``when the words `refer to' are used and the operator has 
an accepted alternative procedure, the accepted alternative procedure 
can be used.'' The FAA has not changed this AD regarding this request.

Request To Allow Alternative Part Numbers

    CLX requested that approved alternative, substitute, or 
interchangeable part numbers for specified parts be allowed when 
demonstrating compliance. CLX is concerned that operators may have 
trouble obtaining parts if the parts have been replaced and there are 
interchangeable parts available in lieu of the required part number.
    The FAA disagrees with the request. The design approval holder 
(DAH) identified the parts necessary to address the unsafe condition. 
Kits with those replacement part numbers may be acquired from the DAH. 
Additionally, CLX did not provide the FAA any substantiating data to 
demonstrate that any alternative/substitute part provides an acceptable 
level of safety. CLX may submit an AMOC request with supporting data 
that demonstrates an acceptable level of safety for a replacement part 
not specified in the service information. The FAA has not changed this 
AD regarding this request.

Request To Specify Document as Aid

    Royal Dutch Airlines (KLM) and CLX requested that Boeing document 
747-FTD-57-10002 be specified in the proposed AD as an aid for the 
general visual inspection described in Boeing Alert Requirements 
Bulletin 747-57A2367 RB, dated November 15, 2019, to identify part 
numbers currently installed on the airplane. KLM and CLX claimed that 
dirt, grease, or sealant may prevent part numbers from being identified 
by way of a general visual inspection and that the document provided by 
Boeing should be used as a visual aid.
    The FAA agrees with using visual aids or other documentation to 
help identify part numbers during the inspection. However, the FAA 
disagrees with revising the AD to require the specified document. 
Boeing Alert Requirements Bulletin 747-57A2367 RB, dated November 15, 
2019, refers to a procedure in Boeing Alert Service Bulletin 747-
57A2367, dated November 15, 2019, as an accepted procedure for the 
general visual inspection to identify the parts production 
configuration. Note 6 of the Accomplishment Instructions states that 
``when the words `refer to' are used and the operator has an accepted 
alternative procedure, the accepted alternative procedure can be 
used.'' The FAA has not changed this AD regarding this request.

Request To Allow Optional Records Check

    Both KLM and CLX requested that a maintenance records check be 
allowed as an option to the general visual inspection specified in 
Boeing Alert Requirements Bulletin 747-57A2367 RB, dated November 15, 
2019, for the purpose of identifying parts currently installed on the 
airplane. Both KLM and CLX stated that operators should be able to 
determine whether their maintenance records are accurate.
    The FAA disagrees with the request. The service information was 
coordinated with the DAH and it was determined that a physical check, 
as specified in Boeing Alert Requirements Bulletin 747-57A2367 RB, 
dated November 15, 2019, is required. This AD has not been changed 
regarding this request.

Request To Accept Work Package From Previous Service Bulletin

    United Parcel Service (UPS) requested that the FAA also accept

[[Page 10752]]

accomplishment of Work Package 3 of Boeing Alert Service Bulletin 747-
27-2366, Revision 3, dated March 22, 2016, in lieu of the initial 
inspection specified by Table 4 of Boeing Alert Requirements Bulletin 
747-57A2367 RB, dated November 15, 2019. UPS asserted that there is 
significant overlap between the two flap inspections.
    The FAA does not agree with the request. The inspections specified 
in Boeing Alert Requirements Bulletin 747-57A2367 RB, dated November 
15, 2019, include additional structure to inspect, compared to Boeing 
Alert Service Bulletin 747-27-2366, Revision 3, dated March 22, 2016, 
and also specify corrective action if damage is detected. The 
requirements of this AD have been coordinated with the DAH. UPS did not 
provide the FAA any substantiating data to demonstrate that the less 
stringent inspections from Boeing Alert Service Bulletin 747-27-2366, 
Revision 3, dated March 22, 2016, provide an acceptable level of 
safety. The FAA has not changed this AD as a result of this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-57A2367 RB, 
dated November 15, 2019. This service information describes procedures 
for repetitive replacement of certain parts; a general visual 
inspection to determine production configuration for certain parts; a 
repetitive lubrication of certain parts and a repetitive general visual 
inspection of certain parts for any exuding grease; repetitive detailed 
inspections of certain parts for loose or missing attachment bolts, 
cracks or bushing migration, cracks or gouges, or broken, binding, or 
missing rollers; repetitive detailed inspections of certain parts for 
cracks or corrosion; repetitive lubrication; and on-condition actions 
if necessary. On-condition actions include replacements and repair. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 125 airplanes of U.S. 
registry. The FAA estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
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Repetitive replacement.........  Up to 10 work-hours x           $35,719  Up to $36,569 per   Up to $4,571,125
                                  $85 per hour = Up to                     replacement cycle.  per replacement
                                  $850 per replacement                                         cycle.
                                  cycle.
General visual inspection for    1 work-hour x $85 per                 0  $85...............  $10,625.
 parts production configuration.  hour = $85.
Repetitive detailed inspections  4 work-hours x $85 per                0  $340 per            $42,500 per
                                  hour = $340 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Repetitive inspection for        1 work-hour x $85 per                 0  $85 per             $10,625 per
 lubrication and repetitive       hour = $85 per                           lubrication.        lubrication.
 lubrication.                     lubrication.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
actions:

              Estimated Costs of On-Condition Replacements
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
Up to 8 work-hour x $85 per   Up to $17,720.......  Up to $18,400.
 hour = $680.
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    The FAA has received no definitive data that would enable the FAA 
to provide cost estimates for the on-condition repairs 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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 10753]]

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:

2021-02-15 The Boeing Company: Amendment 39-21398; Docket No. FAA-
2020-0211; Product Identifier 2020-NM-006-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(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, and 747SR series airplanes, certificated in any 
category, as identified in Boeing Alert Requirements Bulletin 747-
57A2367 RB, dated November 15, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of inboard foreflap departures 
from the airplane. The FAA is issuing this AD to address departures 
of the inboard foreflap assembly from the airplane, which could 
result in damage to the airplane and adversely affect the airplane's 
continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 747-57A2367 RB, dated November 15, 2019, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
747-57A2367 RB, dated November 15, 2019.

    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
747-57A2367, dated November 15, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 747-57A2367 RB, dated November 15, 2019.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin 747-57A2367 RB, dated 
November 15, 2019, uses the phrase ``the original issue date of 
Requirements Bulletin 747-57A2367 RB,'' this AD requires using ``the 
effective date of this AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (j) 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, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, to make those findings. To be approved, the repair 
method, modification deviation, or alteration deviation must meet 
the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Eric Lin, Aerospace 
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3523; email: 
[email protected].

(k) 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 Requirements Bulletin 747-57A2367 RB, dated 
November 15, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; phone: 562-797-1717; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03593 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P