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[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]               
[Page 68688-68690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0483; Directorate Identifier 2010-NM-065-AD; 
Amendment 39-16502; AD 2010-23-13]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Model 757 airplanes. This AD requires changing the lower fixed leading 
edge panel assemblies immediately outboard of the nacelles at slats 4 
and 7. This AD results from reports of Model 757 airplanes in service 
that have drain holes and unsealed panel assemblies in the fixed 
leading edge adjacent to the inboard end of slats 4 and 7 that are too 
close to the hot portion of the engines. We are issuing this AD to 
prevent fuel leaking onto an engine and a consequent fire.

DATES: This AD is effective December 14, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 14, 
2010.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

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 (telephone 800-647-5527)

[[Page 68689]]

is the 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: Tak Kobayashi, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6499; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all Model 757 airplanes. That NPRM was published in the Federal 
Register on June 3, 2010 (75 FR 31329). That NPRM proposed to require 
changing the lower fixed leading edge panel assemblies immediately 
outboard of the nacelles at slats 4 and 7.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Support for Proposed AD

    Boeing concurred with the contents of the proposed AD. FedEx, 
Continental Airlines, and American Airlines had no technical objection 
to changing the lower fixed leading edge panel assemblies immediately 
outboard of the nacelles at slats 4 and 7, as specified in the proposed 
AD.

Request To Correct Part Number of Washer

    FedEx, Continental Airlines, and American Airlines requested that 
we correct the part number of a washer used in Figures 1 and 4 of 
Boeing Special Attention Service Bulletin 757-57-0070, dated January 
27, 2010. The commenters stated that Boeing Service Bulletin 
Information Notice 757-57-0070 IN 01, dated March 17, 2010, corrects 
the part number of the washer, and that by including this correct part 
number in the proposed AD, requests for alternative methods of 
compliance (AMOC) will be reduced.
    We agree with the request as stated. We have added the correct part 
number to paragraph (g) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 697 airplanes of U.S. registry. We 
also estimate that it takes 9 work-hours per product to comply with 
this AD. The average labor rate is $85 per work-hour. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$533,205, or $765 per product.

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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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):

2010-23-13 The Boeing Company: Amendment 39-16502. Docket No. FAA-
2010-0483; Directorate Identifier 2010-NM-065-AD.

Effective Date

    (a) This AD is effective December 14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.

Subject

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

Unsafe Condition

    (e) This AD results from reports of Model 757 airplanes in 
service that have drain holes and unsealed panel assemblies in the 
fixed leading edge adjacent to the inboard end of slats 4 and 7 that 
are too close to the hot portion of the engines. The Federal 
Aviation Administration is issuing this AD to prevent fuel leaking 
onto an engine and a consequent fire.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Action

    (g) Within 60 months after the effective date of this AD, change 
the lower fixed leading edge panel assemblies immediately outboard 
of the nacelles at slats 4 and 7, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-57-0070, dated January 27, 2010; except, where the 
service bulletin specifies washer part number (P/N) NAS11490632J for 
the modification of the lower fixed leading edge panel assemblies, 
this AD requires installation of P/N NAS1149D0632J.

[[Page 68690]]

Alternative Methods of Compliance (AMOCs)

    (h)(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. Send information to 
ATTN: Tak Kobayashi, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 917-6499; fax 
(425) 917-6590. Information may be e-mailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 757-
57-0070, dated January 27, 2010, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 23, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28160 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-13-P
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