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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Proposed Rules]
[Pages 22215-22218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08768]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0326; Directorate Identifier 2012-NM-089-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model 757 series 
airplanes equipped with Rolls-Royce RB211 engines. The existing AD 
currently requires modification of the nacelle strut and wing 
structure; for certain airplanes, repetitive detailed inspections of 
certain aft bulkhead fasteners for loose or missing fasteners, and 
corrective action if necessary. For certain other airplanes, the 
existing AD requires a one-time detailed inspection of the middle 
gusset of the inboard side load fitting for proper alignment, and 
realignment if necessary; a one-time eddy current inspection of certain 
fastener holes for cracking, and repair if necessary; a detailed 
inspection of certain fasteners for loose or missing fasteners; and 
replacement with new fasteners if necessary. Since we issued that AD, a 
compliance time error was discovered, which could allow an airplane to 
exceed the acceptable compliance time for addressing the unsafe 
condition. This proposed AD would specify a maximum compliance time 
limit. We are proposing this AD to prevent fatigue cracking in primary 
strut structure and consequent reduced structural integrity of the 
strut.

DATES: We must receive comments on this proposed AD by May 30, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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; phone: 206-544-5000, extension 
1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 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; 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO), 
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6440; 
fax: 425-917-6590; email: Nancy.Marsh@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0326; 
Directorate Identifier 2012-NM-089-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 25, 2004, we issued AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004), for certain Model 757 series airplanes equipped 
with Rolls-Royce RB211 engines. (AD 2004-12-07 superseded AD 99-24-07, 
Amendment 39-11431 (64 FR 66370, November 26, 1999)). AD 2004-12-07 
requires modification of the nacelle strut and wing structure; and for 
certain airplanes, repetitive detailed inspections of certain aft 
bulkhead fasteners for loose or missing fasteners, and corrective 
action if necessary. For certain other airplanes, the existing AD 
requires a one-time detailed inspection of the middle gusset of the 
inboard side load fitting for proper alignment and realignment if 
necessary; a one-time eddy current inspection of certain fastener holes 
for cracking, and repair if necessary; a detailed inspection of certain 
fasteners for loose or missing fasteners; and replacement with new 
fasteners if necessary. That AD resulted from reports indicating that 
the actual operational loads applied to the nacelle are higher than the 
analytical loads that were used during the initial design. Such an 
increase in loading can lead to fatigue cracking in primary strut

[[Page 22216]]

structure prior to an airplane reaching its design service objective. 
We issued that AD to prevent fatigue cracking in primary strut 
structure and consequent reduced structural integrity of the strut.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-12-07, Amendment 39-13666 (69 FR 33561, 
June 16, 2004), a compliance time error was discovered in certain 
service information related to the AD. The error involves an optional 
threshold formula that could allow an airplane to exceed the acceptable 
compliance time for addressing the unsafe condition.
    We reviewed Boeing Service Bulletin 757-54-0035, Revision 6, dated 
December 2, 2011. For information on the procedures and compliance 
times, see this service information at http://www.regulations.gov by 
searching for Docket No. FAA-2013-0326.

Concurrent Service Information

    Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011, specifies concurrent or prior accomplishment of Boeing Service 
Bulletin 757-54-0003, Revision 1, dated August 30, 1985; and Boeing 
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994. For 
information on the procedures, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0326.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the Proposed AD and the Service 
Information.''
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) Are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-12-
07, Amendment 39-13666 (69 FR 33561, June 16, 2004). Since AD 2004-12-
07 was issued, the AD format has been revised, and certain paragraphs 
have been rearranged. As a result, the corresponding paragraph 
identifiers have changed in this proposed AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
    Requirement in AD  2004-12-07,
  Amendment  39-13666  (69 FR 33561,   Corresponding requirement in this
            June 16, 2004)                        proposed AD
------------------------------------------------------------------------
paragraph (a)........................  paragraph (g)
paragraph (c)........................  paragraph (h)
------------------------------------------------------------------------

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011; and Boeing Service Bulletin 757-54-0028, Revision 1, dated August 
25, 1994; specify to contact the manufacturer for instructions on how 
to repair certain conditions, but this proposed AD would require 
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 176 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                   Labor cost        Parts cost    Cost per product    Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Modification [retained actions  Up to 1,188 work-              $0  Up to $100,980        Up to $17,772,480
 from AD 2004-12-07, Amendment   hours x $85 per
 39-13666 (69 FR 33561, June     hour = $100,980.
 16, 2004)].
One-time Inspection [retained   1 work-hour x $85               0  $85                   $14,960
 action from AD 2004-12-07,      per hour = $85.
 Amendment 39-13666 (69 FR
 33561, June 16, 2004)].
Concurrent modification [new    142 work-hours x $85            0  $12,070               $362,100
 proposed action, 30             per hour = $12,070.
 airplanes].
Concurrent inspection and       104 work-hours x $85            0  $8,840                $106,080
 fastener installation [new      per hour = $8,840.
 proposed action, 12
 airplanes].
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on

[[Page 22217]]

products identified in this rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), and adding 
the following new AD:

The Boeing Company: Docket No. FAA-2013-0326; Directorate Identifier 
2012-NM-089-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 30, 2013.

(b) Affected ADs

    This AD supersedes AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, and 
-200CB series airplanes, certificated in any category, line numbers 
1 through 735 inclusive, equipped with Rolls-Royce RB211 engines.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 54, Nacelles/Pylons.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the actual 
operational loads applied to the nacelle are higher than the 
analytical loads that were used during the initial design. We are 
issuing this AD to prevent fatigue cracking in primary strut 
structure and consequent reduced structural integrity of the strut.

(f) Compliance

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

(g) Retained Modification

    This paragraph restates the requirements of paragraph (a) of AD 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004) with new 
service information. Modify the nacelle strut and wing structure 
according to Boeing Service Bulletin 757-54-0035, dated July 17, 
1997; Revision 1, dated April 15, 1999; Revision 2, dated June 13, 
2002; or Revision 6, dated December 2, 2011; at the later of the 
times specified in paragraph (g)(1) or (g)(2) of this AD, except as 
required by paragraph (i) of this AD. All of the terminating actions 
described in the service bulletins and listed in paragraph I.C., 
Table I, ''Strut Improvement Bulletins,'' on page 6 of Boeing 
Service Bulletin 757-54-0035, dated July 17, 1997; on page 7 of 
Boeing Service Bulletin 757-54-0035, Revision 1, dated April 15, 
1999; and on Page 7 of Boeing Service Bulletin 757-54-0035, Revision 
2, dated June 13, 2002; as applicable; must be accomplished 
according to those service bulletins prior to, or concurrently with, 
the accomplishment of the modification of the nacelle strut and wing 
structure required by this paragraph. After July 21, 2004 (the 
effective date of AD 2004-12-07), use only Boeing Service Bulletin 
757-54-0035, Revision 2, dated June 13, 2002; or Boeing Service 
Bulletin 757-54-0035, Revision 6, dated December 2, 2011. After the 
effective date of this AD, use only Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011. Accomplishment of the 
actions required by paragraph (i) of this AD terminates the 
requirements of this paragraph.
    (1) Prior to the accumulation of 37,500 total flight cycles, or 
prior to 20 years since the date of manufacture of the airplane, 
whichever occurs first.
    (2) Within 3,000 flight cycles after January 3, 2000 (the 
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370, 
November 26, 1999)).

(h) Retained Inspection and Repair

    This paragraph restates the requirements of paragraph (c) of AD 
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), with 
new service information. For airplanes on which the modification 
required by paragraph (g) of this AD has been done according to 
Boeing Service Bulletin 757-54-0035, dated July 17, 1997: Within 
15,000 flight cycles after doing the modification required by 
paragraph (g) of this AD, or within 3 years after July 21, 2004 (the 
effective date of AD 2004-12-07), whichever is later; do a one-time 
detailed inspection of the middle gusset of the inboard side load 
fitting for proper alignment, according to Part II of the 
Accomplishment Instructions of Boeing Service Bulletin 757-54-0035, 
Revision 1, dated April 15, 1999; or Revision 2, dated June 13, 
2002, excluding Evaluation Form; or Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011. If the gusset is not 
aligned properly: Before further flight, machine the gusset to the 
specified angle according to the Accomplishment Instructions of 
Boeing Service Bulletin 757-54-0035, Revision 1, dated April 15, 
1999; or Revision 2, dated June 13, 2002, excluding Evaluation Form; 
or Boeing Service Bulletin 757-54-0035, Revision 6, dated December 
2, 2011. As of the effective date of this AD, use only Boeing 
Service Bulletin 757-54-0035, Revision 6, dated December 2, 2011, 
for accomplishing the actions required by this paragraph.

(i) New Compliance Time Limitation

    For airplanes on which the modification of the nacelle strut and 
wing structure required by paragraph (g) of this AD has not been 
done as of the effective date of this AD: Do the modification 
required by paragraph (g) of this AD at the later of the times 
specified in paragraphs (i)(1) and (i)(2) of this AD.
    (1) At the time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2, 
2011, except that where this service bulletin specifies a compliance 
time ``from the date on Revision 4 of this service bulletin,'' this 
AD requires compliance within the specified compliance time after 
the effective date of this AD.
    (2) Within 3,000 flight cycles after January 3, 2000 (the 
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370, 
November 26, 1999)).

(j) New Concurrent Actions

    Concurrently with or prior to the accomplishment of the actions 
required by paragraph (i) of this AD, do the actions specified in 
paragraphs (j)(1) and (j)(2) of this AD.
    (1) For airplanes identified in Boeing Service Bulletin 757-54-
0003, dated Revision 1, dated August 30, 1985: Modify the nacelle 
strut upper spar, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 757-54-0003, Revision 1, dated August 30, 
1985.
    (2) For airplanes identified in Boeing Service Bulletin 757-54-
0028, Revision 1, dated August 25, 1994: Do a detailed inspection 
and non-destructive test inspection for cracking of the lower chord, 
mid-chord, and holes (for cracking, galling, corrosion, or damage 
due to fastener removal), in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 757-54-0028, Revision 1, 
dated August 25, 1994.

[[Page 22218]]

(k) Repair

    (1) If any cracking is found during any inspection required by 
paragraph (j)(2) of this AD: Before further flight, repair the 
cracking using a method approved in accordance with the procedures 
specified in paragraph (m) of this AD.
    (2) If any holes with galling, corrosion, or damage due to 
fastener removal are found during any inspection required by 
paragraph (j)(2) of this AD: Before further flight, repair the 
holes, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0035, 
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; 
which are not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0035, 
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011; 
which are not incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin 757-54-0003, 
dated December 14, 1984; or Boeing Service Bulletin 757-54-0028, 
dated March 31, 1994; which are not incorporated by reference in 
this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 the Related Information section of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.
    (4) AMOCs approved for AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004), are approved as AMOCs for paragraphs (g) and 
(h) of this AD, except for AMOCs that approved a revised compliance 
time.

(n) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft 
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6440; fax: 425-917-6590; email: 
Nancy.Marsh@faa.gov.
    (2) 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; phone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 4, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08768 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P
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