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[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Rules and Regulations]               
[Page 9760-9763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0718; Directorate Identifier 2009-NM-025-AD; 
Amendment 39-16212; AD 2010-05-03]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 
747-400D, 747-400F, 747SR, and 747SP Series Airplanes

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 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 
747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series 
airplanes. This AD requires one-time detailed and high frequency eddy 
current inspections for cracks in the wing and horizontal stabilizer 
side-of-body joints and the fuselage skin circumferential splices, and 
repair if necessary. This AD also requires, for certain airplanes, 
repetitive detailed inspections for cracks of the fuselage skin 
circumferential splices, and repair if necessary. This AD results from 
Boeing analysis indicating that the wing and horizontal stabilizer 
side-of-body joints, and the fuselage skin circumferential splices, are 
susceptible to fatigue cracking due to high cyclic loads on the 
airplane. We are issuing this AD to detect and correct fatigue cracking 
at multiple adjacent locations in the subject areas, which could 
connect to form large cracks and result in reduced structural integrity 
leading to rapid decompression and consequent loss of control of the 
airplane.

DATES: This AD is effective April 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 8, 
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) 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: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; 
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 747 airplanes. That NPRM was published in the Federal 
Register on August 25, 2009 (74 FR 42807). That NPRM proposed to 
require one-time detailed and high frequency eddy current inspections 
for cracks in the wing and horizontal stabilizer side-of-body joints 
and the fuselage skin circumferential splices, and repair if necessary. 
That NPRM also proposed to require, for certain airplanes, repetitive 
detailed inspections for cracks of the fuselage skin circumferential 
splices, and repair if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Supportive Comment

    Boeing concurs with the contents of the NPRM.

Requests To Change Compliance Times

    UPS asks that we change the NPRM to extend the compliance time for 
the inspections specified in Table 3 of paragraph 1.E. of Boeing Alert 
Service Bulletin 747-51A2060, dated October 30, 2008, and required by 
paragraph (g) of the NPRM. UPS states that the inspections are not to 
be done until at least 28,500 total flight cycles or 130,000 total 
flight hours, whichever occurs later, have been accumulated on

[[Page 9761]]

the airplane. UPS notes that by restricting the compliance time to 
between 28,500 and 30,000 total flight cycles or between 130,000 and 
135,000 total flight hours, whichever occurs later, operators are 
extremely limited in positioning aircraft for common access at 
maintenance checks. UPS adds that without being able to reposition 
aircraft to line up common access maintenance inspections, a heavy 
burden will be placed on the operator's maintenance plans, having an 
adverse economic impact on the airlines.
    All Nippon Airways (ANA) asks that the lower flight cycle criteria 
of 28,500 flight cycles be reduced to 28,000 flight cycles to alleviate 
additional maintenance burdens. ANA understands the intent of the 
service bulletin but based on the average utilization of its airplanes 
(2,000 to 3,000 flight cycles accumulated between C checks), the 
proposed lower cycle criterion might be a burden to its future 
operation.
    We disagree with the commenters' request to change the compliance 
time. While restricting the compliance time for the one-time inspection 
to between 28,500 and 30,000 total flight cycles, or between 130,000 
and 135,000 total flight hours, whichever occurs later, would have 
additional impact on scheduled maintenance, the inspections are 
intended to detect widespread fatigue damage (WFD) of affected 
structure. We have determined that such damage is likely to occur in a 
specific timeframe (in terms of flight cycles and flight hours). 
Therefore, the potential WFD would be undetectable if the inspections 
are done at an earlier time.
    In developing an appropriate compliance time for the inspections, 
we considered the safety implications and the practical aspect of 
accomplishing the inspections within a period of time that corresponds 
to the normal scheduled maintenance for most affected operators. In 
consideration of these items, and since the inspections are done one 
time only, we have determined that the specified compliance time will 
ensure an acceptable level of safety and allow the inspections to be 
done during scheduled maintenance intervals for most affected 
operators. However, under the provisions of paragraph (m) of the AD, we 
will consider requests to adjust the compliance time if sufficient data 
are submitted to substantiate that the new compliance time would 
provide an acceptable level of safety. We have made no change to the AD 
in this regard.

Request To Omit Reporting Negative Findings

    Japan Airlines (JAL) asks that the requirement to report negative 
findings to Boeing be omitted from the NPRM. JAL states that the 
proposed reporting requirement specifies submitting a report of both 
positive and negative findings within 30 days. JAL notes that Boeing 
requests a report of crack findings only. JAL also asks that we remove 
the reporting requirement for positive findings. JAL adds that, in most 
cases, operators will contact Boeing to ask for a review when cracks 
are found.
    We partially agree with the commenter. We do not agree to remove 
the reporting requirement for positive findings. However, we find that 
it is not necessary for operators to report negative findings for 
Boeing and the FAA to further evaluate the WFD inspection program. 
Therefore, we have changed paragraph (l) of this AD to require only 
positive findings be reported.

Request To Delay Issuing AD

    JAL also asks that the final rule be issued after release of a 
revised service bulletin to correct an error. Figure 31, Sheet 7, of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 747-
51A2060, dated October 30, 2008, specifies inspecting the fuselage 
stringer; however, Circle Note 1 of Sheet 6 specifies inspecting the 
fuselage skin. Boeing has confirmed that an inspection of the 
``fuselage skin'' is correct, and stated that a revised service 
bulletin will be issued.
    We partially agree with the commenter. We agree that there is an 
error in Circle Note 1 of Sheet 6 of Figure 31; however, we do not 
agree that issuing the final rule should be delayed to wait for the 
service bulletin to be revised. We have added Note 1 to this AD to 
clarify that the inspection specified in Sheet 6 of Figure 31 is of the 
fuselage skin.

Request To Include Credit for Previously Approved Repairs

    ANA asks that credit for previously approved repairs per AMOCs for 
AD 2004-07-22, Amendment 39-13566 (69 FR 18250, April 7, 2004), AD 
2004-07-22 R1, Amendment 39-13566 (69 FR 24063, May 3, 2004), or AD 
2006-10-16 Amendment 39-14600 (71 FR 28570, May 17, 2006) be included 
in the NPRM.
    We acknowledge the commenter's request. However, the purpose of 
this AD is to detect WFD of affected structure, and the effect of local 
repairs on that affected structure must be thoroughly evaluated on a 
case-by-case basis. We suggest that the commenter contact Boeing for 
evaluation guidelines. After the commenter has the evaluation 
guidelines, under the provisions of paragraph (m) of the AD, we will 
consider requests to give credit for previously approved repairs if 
sufficient data are submitted. We have made no change to the AD in this 
regard.

Clarifications to Final Rule

    The affected airplane models identified in the Summary section of 
this final rule have been changed, for clarification, to more 
accurately reflect the airplane models as they are identified on the 
type certificate data sheet. We have also revised this final rule to 
identify the legal name of the manufacturer as published in the most 
recent type certificate data sheet for the affected airplane models.

Explanation of Change Made to This AD

    Boeing Commercial Airplanes has received an Organization 
Designation Authorization (ODA), which replaces their previous 
designation as a Delegation Option Authorization (DOA) holder. We have 
revised paragraph (m)(3) of this AD to delegate the authority to 
approve an alternative method of compliance for any repair required by 
this AD to the Boeing Commercial Airplanes ODA.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used 
over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$80 per work-hour to $85 per work-hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking then.

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 changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

[[Page 9762]]

Costs of Compliance

    We estimate that this AD affects 165 airplanes of U.S. registry. We 
also estimate that it takes 2,604 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 
$36,521,100, or $221,340 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 AD:

2010-05-03 The Boeing Company: Amendment 39-16212. Docket No. FAA-
2009-0718; Directorate Identifier 2009-NM-025-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 8, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 747-100, 
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-
400, 747-400D, 747-400F, 747SR, and 747SP series airplanes, 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 51: Standard 
practices/structures.

Unsafe Condition

    (e) This AD results from a Boeing analysis indicating that the 
wing and horizontal stabilizer side-of-body joints, and the fuselage 
skin circumferential splices, are susceptible to fatigue cracking 
due to high cyclic loads on the airplane. The Federal Aviation 
Administration is issuing this AD to detect and correct fatigue 
cracking at multiple adjacent locations in the subject areas, which 
could connect to form large cracks and result in reduced structural 
integrity leading to rapid decompression and consequent loss of 
control of the airplane.

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.

Inspections and Repair if Necessary

    (g) Except as provided by paragraphs (h) and (i) of this AD: At 
the applicable times specified in paragraph 1.E. of Boeing Alert 
Service Bulletin 747-51A2060, dated October 30, 2008, do one-time 
inspections for cracks in the wing and horizontal stabilizer side-
of-body joints, and the fuselage skin circumferential splices; do 
detailed inspections, as applicable, for cracks of the fuselage skin 
circumferential splices; and do all applicable repairs before 
further flight, in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin 747-51A2060, dated October 30, 
2008, except as provided by paragraphs (j) and (k) of this AD. As 
applicable, repeat the detailed inspection for cracks of the 
fuselage skin circumferential splices, at the applicable times 
specified in paragraph 1.E. of Boeing Alert Service Bulletin 747-
51A2060, dated October 30, 2008.

    Note 1: The inspection specified in Sheet 6 of Figure 31 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
51A2060, dated October 30, 2008, is an external detailed inspection 
of the fuselage skin as specified in Step 3 of Figure 31, not an 
inspection of the fuselage stringer.

Exceptions to Compliance Times

    (h) Where Boeing Alert Service Bulletin 747-51A2060, dated 
October 30, 2008, specifies a compliance time after ``* * * the date 
on this service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (i) Where Note (a) of Table 2 of paragraph 1.E. of Boeing Alert 
Service Bulletin 747-51A2060, dated October 30, 2008, specifies that 
if a certain modification was done then certain inspections may be 
deferred ``until the post modification inspection period as given in 
Service Bulletin 747-57A2314,'' this AD allows, for airplanes on 
which the modification specified in Boeing Service Bulletin 747-
57A2314 has been done, deferring the inspections specified in Part 2 
of paragraph 3.B., Work Instructions, of Boeing Alert Service 
Bulletin 747-51A2060, dated October 30, 2008, until the applicable 
post-modification inspection compliance times required by paragraph 
(e) of AD 2004-03-09, amendment 39-13453.

Exception to Part 4 Actions

    (j) For Group 6 airplanes identified in Boeing Alert Service 
Bulletin 747-51A2060, dated October 30, 2008: Do the inspections 
specified in Part 4 of paragraph 3.B., Work Instructions, of Boeing 
Alert Service Bulletin 747-51A2060, dated October 30, 2008, in 
accordance with the procedures specified in paragraph (m) of this 
AD.

Exception to Corrective Actions

    (k) If any crack is found during any inspection required by this 
AD, and Boeing Alert Service Bulletin 747-51A2060, dated October 30, 
2008, specifies to contact Boeing for appropriate action: Before 
further flight, repair using a method approved in accordance with 
the procedures specified in paragraph (m) of this AD.

Reporting Requirement

    (l) At the applicable time specified in paragraph (l)(1) or 
(l)(2) of this AD, submit a report of positive findings of cracks 
found during the inspection required by paragraph (g) of this AD to 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. Alternatively, operators may submit reports to their 
Boeing field service representatives. The report must contain, as a 
minimum, the following information: airplane serial number, flight 
cycles at time

[[Page 9763]]

of discovery, location(s) and extent of positive crack findings. 
Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120-0056.
    (1) If the inspection was done on or before the effective date 
of this AD: Send the report within 30 days after the effective date 
of this AD.
    (2) If the inspection was done after the effective date of this 
AD: Send the report within 30 days after the inspection is done.

Alternative Methods of Compliance (AMOCs)

    (m)(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: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 917-6437; fax (425) 917-6590; Or, e-mail information 
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.
    (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.

Material Incorporated by Reference

    (n) You must use Boeing Alert Service Bulletin 747-51A2060, 
dated October 30, 2008, 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 or 425-227-1152.
    (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 February 11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3714 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P
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