14982 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 

(3) The following service information was 

approved for IBR on April 22, 2014. 

(i) Boeing Alert Service Bulletin 737– 

57A1218, Revision 6, dated June 9, 2011. 

(ii) Boeing Alert Service Bulletin 737– 

57A1277, Revision 3, dated May 16, 2012. 

(4) The following service information was 

approved for IBR on August 31, 2010 (75 FR 

43803, July 27, 2010). 

(i) Boeing Alert Service Bulletin 737– 

57A1218, Revision 5, dated February 9, 2009. 

(ii) Boeing Alert Service Bulletin 737– 

57A1277, Revision 1, dated November 25, 

2003. 

(5) For Boeing 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; Internet https://

www.myboeingfleet.com. 

(6) You may view this service information 

at 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. 

(7) 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/ibrlocations.html. 

Issued in Renton, Washington, on February 

18, 2014. 

Ross Landes, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–04819 Filed 3–17–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0326; Directorate 

Identifier 2012–NM–089–AD; Amendment 

39–17786; AD 2014–05–13] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2004–12– 

07 for certain The Boeing Company 

Model 757 series airplanes equipped 

with Rolls-Royce RB211 engines. AD 

2004–12–07 required 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, AD 2004–12–07 

required 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; and a detailed inspection of 

certain fasteners for loose or missing 

fasteners, and replacement with new 

fasteners if necessary. This new AD 

specifies a maximum compliance time 

limit. 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. 

DATES: This AD is effective April 22, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 22, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of July 21, 2004 (69 FR 

33561, June 16, 2004). 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of January 3, 2000 (64 FR 

66370, November 26, 1999). 

ADDRESSES: 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; 

telephone: 206–544–5000, extension 1; 

fax: 206–766–5680; Internet: https://

www.myboeingfleet.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–2013– 

0326; 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: 

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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2004–12–07, 

Amendment 39–13666 (69 FR 33561, 

June 16, 2004). AD 2004–12–07 applied 

to certain The Boeing Company Model 

757 series airplanes equipped with 

Rolls-Royce RB211 engines. The NPRM 

published in the Federal Register on 

April 15, 2013 (78 FR 22215). The 

NPRM 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. The NPRM 

proposed to retain the requirements of 

AD 2004–12–07, which required 

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, AD 2004–12–07 

required 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; and a detailed inspection of 

certain fasteners for loose or missing 

fasteners, and replacement with new 

fasteners if necessary. The NPRM 

proposed to specify a maximum 

compliance time limit to modify the 

nacelle strut and wing structure. We are 

issuing this AD to prevent fatigue 

cracking in primary strut structure and 

consequent reduced structural integrity 

of the strut. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (78 FR 22215, 

April 15, 2013) and the FAA’s response 

to each comment. 

Support for the NPRM (78 FR 22215, 

April 15, 2013) 

Boeing stated that it concurs with the 

contents of the NPRM (78 FR 22215, 

April 15, 2013). 


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Clarification of Effect of Winglet 

Installation 

Aviation Partners Boeing stated that 

accomplishing the supplemental type 

certificate (STC) ST01518SE does not 

affect the actions specified in the NPRM 

(78 FR 22215, April 15, 2013). 

We concur with the commenter. We 

have redesignated paragraph (c) of the 

NPRM (78 FR 22215, April 15, 2013) as 

(c)(1) and added new paragraph (c)(2) to 

this final rule to state that installation of 

STC ST01518SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgstc.nsf/0/48e13cdfbbc32cf4862576a

4005d308b/Body/0.48A!Open

Element&FieldElemFormat=gif) 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. 

Request To Clarify Concurrent 

Requirements 

FedEx requested that we clarify the 

requirements of paragraph (j) of the 

NPRM (78 FR 22215, April 15, 2013), 

which specified concurrent actions. 

FedEx explained that the NPRM 

requirement and paragraph 1.B., of 

Boeing Service Bulletin 757–54–0035, 

Revision 6, dated December 2, 2011, 

conflict with the information in 

paragraph D., of Boeing Service Bulletin 

757–54–0035, Revision 6, dated 

December 2, 2011. FedEx stated that 

paragraph D. of Boeing Service Bulletin 

757–54–0035, Revision 6, dated 

December 2, 2011, states that 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 (the 

concurrent actions required by 

paragraph (j) of the NPRM); no longer 

need to be accomplished. 

We agree to clarify the concurrent 

actions. Table I of paragraph D. in 

Boeing Service Bulletin 757–54–0035, 

Revision 6, dated December 2, 2011, is 

in error. We have added Note 1 to 

paragraph (j) of this final rule, which 

states that paragraph D. of Boeing 

Service Bulletin 757–54–0035, Revision 

6, dated December 2, 2011, incorrectly 

states that the actions described in 

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; no 

longer need to be accomplished. 

Request To Change When Concurrent 

Actions Are To Be Done 

American Airlines (AAL) requested 

that we change paragraph (j) (concurrent 

actions) of the NPRM (78 FR 22215, 

April 15, 2013), which specifies doing 

the actions at the same time as 

paragraph (i) of the NPRM, to specify 

that the concurrent actions are to be 

done at the same time as the actions 

required by paragraph (g) of the NPRM. 

AAL stated that the pylon modification 

action is mandated by paragraph (g) of 

the NPRM, and paragraph (i) of the 

NPRM mandates only the time at which 

the modification must be accomplished. 

We do not agree with the commenter’s 

request because, although the 

requirement for the modification is first 

specified in paragraph (g) of this final 

rule, which is a restatement from AD 

2004–12–07, Amendment 39–13666 (69 

FR 33561, June 16, 2004), the new 

requirement is in paragraph (i) of this 

final rule. Paragraph (i) of this final rule 

correctly references paragraph (g) of this 

final rule. If the concurrent actions 

specified in paragraph (j) of this final 

rule are to be accomplished at the same 

time as paragraph (g) of this final rule, 

as the commenter suggests, that would 

make the requirement retroactive, and 

would potentially put operators out of 

compliance. We have not changed this 

final rule in this regard. 

Request for Repair Credit 

AAL requested that we allow credit 

for repairs specified in paragraph (k) of 

the NPRM (78 FR 22215, April 15, 2013) 

that are made ‘‘before the effective date 

of this AD’’ using Boeing Service 

Bulletin 757–54–0028, dated March 31, 

1994; or Boeing Service Bulletin 757– 

54–0028, Revision 1, dated August 25, 

1994. 

We do not agree with the commenter’s 

request. Paragraph (k)(1) of this final 

rule requires that cracking be repaired 

using a method approved by the FAA as 

specified in paragraph (n) of the final 

rule. Boeing Service Bulletin 757–54– 

0028, dated March 31, 1994; and Boeing 

Service Bulletin 757–54–0028, Revision 

1, dated August 25, 1994; do not contain 

procedures for repairing cracking, and 

only specify to contact Boeing if 

cracking is found. We infer that the 

commenter is requesting credit for any 

repair done in accordance with 

procedures provided by Boeing or with 

the operator’s own methods. The 

commenter has not provided any details 

about any such repairs, and therefore we 

cannot give credit for these repairs. 

However, under the provisions of 

paragraph (n) of this final rule, repairs 

may be approved if substantiating data 

are provided showing that the repair 

provides an acceptable level of safety. 

For paragraph (k)(2) of this final rule, 

Boeing Service Bulletin 757–54–0028, 

Revision 1, dated August 25, 1994, is 

already specified as the appropriate 

source of service information for 

accomplishing repair of the holes. In 

addition, since Boeing Service Bulletin 

757–54–0028, dated March 31, 1994, 

does not contain procedures for 

repairing holes, we cannot give credit 

for Boeing Service Bulletin 757–54– 

0028, dated March 31, 1994. However, 

under the provisions of paragraph (n) of 

this final rule, repairs may be approved 

if substantiating data are provided 

showing that the repair provides an 

acceptable level of safety. We have not 

changed this final rule in this regard. 

Request To Clarify Inspections 

AAL requested that we not require the 

paragraph following the compliance 

table in paragraph l.E., ‘‘Compliance,’’ 

of Boeing Service Bulletin 757–54–0035, 

Revision 6, dated December 2, 2011. 

AAL stated that the interim inspections 

specified in the paragraph following the 

compliance table in paragraph l.E., 

‘‘Compliance,’’ of Boeing Service 

Bulletin 757–54–0035, Revision 6, dated 

December 2, 2011, are unclear and that, 

if required, the inspections should be 

specified in a new (additional) 

paragraph. 

We agree to clarify. Paragraphs (g) and 

(i) of this final rule specifically require 

accomplishment of the modification of 

the strut as specified in Boeing Service 

Bulletin 757–54–0035, Revision 6, dated 

December 2, 2011, and do not require 

any interim inspections. Although there 

are certain inspections specifically 

required in paragraphs (h) and (j) of this 

final rule, there are no interim 

inspections specified in any paragraph 

of this final rule. Therefore, the interim 

inspections defined in the paragraph 

following the table in paragraph l.E., 

‘‘Compliance,’’ of Boeing Service 

Bulletin 757–54–0035, Revision 6, dated 

December 2, 2011, are not required by 

this final rule. We have not changed this 

final rule in this regard. 

Request To Do Work Out of Sequence 

AAL requested that we allow 

instructions to be worked out of 

sequence. AAL stated that by requiring 

operators to adhere to the sequence of 

steps as organized in the service 

information, based on the strictest 

interpretation, it can place an undue 

burden on operators and drive longer 

aircraft out-of-service time. AAL 

asserted that not allowing instructions 

to be worked out of sequence prevents 

operators from working on the wing 


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14984 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 

structure and the removed pylon 

structure simultaneously. AAL also 

stated that without the leeway to work 

steps out of sequence, if damage is 

encountered during a particular step, 

maintenance must wait for a disposition 

and corrective action for that damage 

before continuing to the next step. 

We partially agree with the 

commenter’s request. We agree with 

revising the final rule to allow work to 

be accomplished on the wing structure 

and the removed pylon structure 

simultaneously, and for work to be 

accomplished on both pylons 

simultaneously, because no detrimental 

effect on the airplane results from 

accomplishing the service information 

in this way. 

We disagree with allowing all service 

information steps to be worked out of 

sequence. This allowance could be 

interpreted as allowing service 

information steps at one pylon, or at one 

wing location, to be performed out of 

sequence, which could detrimentally 

affect the result of the modification. 

We also disagree with stating that 

opposite sides of the strut can be 

worked at different rates, as some tasks 

are necessary to be performed in 

sequence. For further clarification of 

strut task sequencing, operators may 

request approval of an AMOC by 

providing additional details defining the 

tasks using the procedures defined in 

paragraph (n) of this final rule. 

We have added new paragraph (l) to 

this final rule, which states that 

although Boeing Service Bulletin 757– 

54–0035, Revision 6, dated December 2, 

2011, specifies to work the wing 

modification before the strut 

modification, this AD allows for the 

wing and strut modifications to occur 

simultaneously. This AD also allows for 

both struts to be modified 

simultaneously. We have redesignated 

subsequent paragraphs accordingly. We 

have also referenced paragraph (l) in 

paragraphs (g) and (h) of this final rule. 

Request To Require Only Certain 

Service Information Steps 

AAL requested that we require only 

the steps in the service information that 

are critical for safety of flight. AAL 

suggested that only Part II, Steps 6, 7, 

and 9–12; Part III, Steps 4–24; Part IV, 

Steps 3–7; and Part VI, Steps 3–16 and 

19; of Boeing Service Bulletin 757–54– 

0035, Revision 6, dated December 2, 

2011, should be required. AAL stated 

that preparation and open-up and closeup instructions are not necessary to 

mandate and can be left to operator 

discretion on the best methods without 

affecting the ability to address the safety 

issue that exists. 

We do not agree with AAL’s request. 

Boeing Service Bulletin 757–54–0035, 

Revision 6, dated December 2, 2011, 

already allows operator’s discretion for 

certain actions. Note 8 of paragraph 

3.B.A., ‘‘General Information,’’ of Boeing 

Service Bulletin 757–54–0035, Revision 

6, dated December 2, 2011, specifies 

that when the words ‘‘refer to’’ are used 

for a procedure, operators may use an 

accepted alternative procedure. Note 11 

of paragraph 3.B.A., ‘‘General 

Information,’’ of Boeing Service Bulletin 

757–54–0035, Revision 6, dated 

December 2, 2011, specifies that for 

access, all the identified parts do not 

need to be removed if you can get access 

without removing the identified parts 

and that additional parts may be 

removed if needed. 

However, due to the complexity of the 

modification to the strut, certain 

preparation and installation steps are 

needed to prevent damage to the strut 

structure, systems components, and the 

engine. In addition, a fuel leak check is 

specified in Boeing Service Bulletin 

757–54–0035, Revision 6, dated 

December 2, 2011, to ensure that the 

modification and reassembly were 

completed and that no hidden damage 

exists. Therefore, no changes have been 

made to this final rule in this regard. 

Although we have not revised this 

final rule, we do agree with the concept 

of minimizing AD requirements when 

appropriate. The FAA worked in 

conjunction with industry, under the 

Airworthiness Directives 

Implementation Aviation Rulemaking 

Committee (ARC), to enhance the AD 

system. One enhancement is a new 

process for annotating which steps in 

the service information are ‘‘required for 

compliance’’ (RC) with an AD. 

Differentiating these steps from other 

tasks in the service information is 

expected to improve an owner’s/

operator’s understanding of AD 

requirements and help provide 

consistent judgment in AD compliance. 

In response to the AD Implementation 

ARC, the FAA released AC 20–176, 

dated December 19, 2011 (http://

rgl.avs.faa.gov/Regulatory_and_

Guidance_Library/

rgAdvisoryCircular.nsf/0/

a78cc91a47b192278625796b0075f419/

$FILE/AC%2020-176.pdf); and Order 

8110.117, dated September 12, 2012 

(http://rgl.avs.faa.gov/Regulatory_and_

Guidance_Library/rgOrders.nsf/0/

984bb9eb07cdd86986257a7f0070744c/

$FILE/Order%208110.117.pdf), which 

include the concept of RC. The FAA has 

begun implementing this concept in 

ADs when we receive service 

information containing RC steps. While 

some design approval holders have 

implemented the RC concept, the 

implementation is voluntary. The FAA 

does not intend to develop or revise AD 

requirements to incorporate the RC 

concept if it is not included in the 

service information. 

Contrary to AAL’s statement that ADs 

should mandate only those service 

bulletin provisions that are necessary to 

ensure safety of flight, ADs generally 

contain requirements that are 

reasonably related to addressing the 

unsafe condition, as determined by the 

FAA and the design approval holder 

that developed the service bulletin. 

Typically, operators’ maintenance 

programs were not developed in 

recognition of the unsafe condition that 

is being addressed by an AD. Whenever 

we issue an AD, those programs had 

failed to prevent the unsafe condition in 

the first place. Therefore, many 

provisions of ADs address aspects of 

accomplishing the required 

maintenance that are necessary to 

prevent operators from inadvertently 

aggravating the unsafe condition or 

introducing new unsafe conditions. 

For many years, the Air Transport 

Association (now Airlines for America, 

A4A) has sponsored the ‘‘Lead Airline’’ 

program through which individual 

airlines are provided an opportunity to 

prototype manufacturers’ draft service 

instructions before they are finalized. 

One objective of this activity is to 

minimize the procedures included in 

the instructions that are considered 

unnecessary. Therefore, when the FAA 

receives a manufacturer’s service 

bulletin, we recognize that the 

procedures specified have been 

determined to be necessary by both the 

manufacturer and affected operators. As 

in this case, the instructions provided in 

service bulletins referenced in ADs are 

reasonably related to addressing the 

unsafe condition. 

As always, if AAL or any other 

operator prefers to address the unsafe 

condition by means other than those 

specified in the referenced service 

information, they may request approval 

for an alternative method of compliance 

using the procedures specified in 

paragraph (n) of this final rule, and, if 

approved, may use it instead of the 

procedures specified in the service 

information. 

Request To Correct Typographical 

Error 

AAL requested that we revise 

paragraph (j)(1) of the NPRM (78 FR 

22215, April 15, 2013) to remove the 

extra word ‘‘dated’’ from the service 

information citation. 


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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 14985 

We agree to correct the typographical 

error and have removed the extra word 

‘‘dated.’’ 

Additional Change Made to This Final 

Rule 

The information in paragraph (l)(3) of 

the NPRM (78 FR 22215, April 15, 2013) 

has been separated into two paragraphs 

in this final rule (paragraphs (m)(3) and 

(m)(4) of this final rule). In addition, we 

changed the reference in paragraph 

(m)(3) of this final rule to refer to the 

actions required by paragraph (j)(1) of 

this final rule. We also changed the 

reference in paragraph (m)(4) to this 

final rule to refer to the actions required 

by paragraph (j)(2) of this final rule. The 

content has not been changed. 

The information in paragraph (m)(4) 

of the NPRM (78 FR 22215, April 15, 

2013) has been added to new paragraph 

(n)(4) of this final rule. The content has 

not been changed. 

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 (78 FR 

22215, April 15, 2013) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (78 FR 22215, 

April 15, 2013). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Costs of Compliance 

We estimate that this AD affects 176 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Modification .........................................................

[retained from AD 2004–12–07, Amendment 

39–13666 (69 FR 33561, June 16, 2004)].

Up to 1,188 work-hours × $85 

per hour = $100,980.

$0 Up to $100,980 .... Up to $17,772,480. 

One-time Inspection [retained from AD 2004– 

12–07, Amendment 39–13666 (69 FR 33561, 

June 16, 2004)].

1 work-hour × $85 per hour = 

$85.

0 $85 ....................... $14,960. 

Concurrent modification [new action, 30 airplanes].142 work-hours × $85 per hour 

= $12,070.

0 $12,070 ................ $362,100. 

Concurrent inspection and fastener installation 

[new action, 12 airplanes].

104 work-hours × $85 per hour 

= $8,840.

0 $8,840 .................. $106,080. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this AD. 

According to the manufacturer, some 

of the costs of this 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 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: 

2014–05–13 The Boeing Company: 

Amendment 39–17786; Docket No. 

FAA–2013–0326; Directorate Identifier 

2012–NM–089–AD. 

(a) Effective Date 

This AD is effective April 22, 2014. 

(b) Affected ADs 

This AD supersedes AD 2004–12–07, 

Amendment 39–13666 (69 FR 33561, June 

16, 2004). 

(c) Applicability 

(1) This AD applies to The Boeing 

Company Model 757–200, –200PF, and 


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–200CB series airplanes, certificated in any 

category, line numbers 1 through 735 

inclusive, equipped with Rolls-Royce RB211 

engines. 

(2) Installation of Supplemental Type 

Certificate (STC) ST01518SE (http://

rgl.faa.gov/Regulatory_and_Guidance_

Library/rgstc.nsf/0/

48e13cdfbbc32cf4862576a4005d308b/Body/

0.48A!OpenElement&FieldElemFormat=gif) 

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 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; 

except as specified in paragraph (l) of this 

AD; 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 

paragraph I.C., Table I, ‘‘Strut Improvement 

Bulletins,’’ on page 6 of Boeing Service 

Bulletin 757–54–0035, dated July 17, 1997; 

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 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; 

except as specified by paragraph (l) of this 

AD. 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, 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. 

Note 1 to paragraph (j) of this AD: 

Paragraph D. of Boeing Service Bulletin 757– 

54–0035, Revision 6, dated December 2, 

2011, incorrectly states that the actions 

described in 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; no longer 

need to be accomplished. 

(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 (n) 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) Work Sequence Requirement 

Although Boeing Service Bulletin 757–54– 

0035, Revision 6, dated December 2, 2011, 

specifies to work the wing modification 

before the strut modification, this AD allows 

for the wing and strut modifications to occur 

simultaneously. This AD also allows for both 

struts to be modified simultaneously. 

(m) 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)(1) 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, which is not 

incorporated by reference in this AD. 

(4) This paragraph provides credit for the 

actions required by paragraph (j)(2) of this 

AD, if those actions were performed before 

the effective date of this AD using Boeing 


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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 14987 

Service Bulletin 757–54–0028, dated March 

31, 1994, which is not incorporated by 

reference in this AD. 

(n) 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 

paragraph (o)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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. 

(o) 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) Service information identified in this 

AD that is not incorporated by reference may 

be obtained at the addresses specified in 

paragraphs (p)(6) and (p)(7) of this AD. 

(p) 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 this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on April 22, 2014. 

(i) Boeing Service Bulletin 757–54–0003, 

Revision 1, dated August 30, 1985. 

(ii) Boeing Service Bulletin 757–54–0028, 

Revision 1, dated August 25, 1994. 

(iii) Boeing Service Bulletin 757–54–0035, 

Revision 6, dated December 2, 2011. 

(4) The following service information was 

approved for IBR on July 21, 2004 (69 FR 

33561, June 16, 2004). 

(i) Boeing Service Bulletin 757–54–0035, 

Revision 1, dated April 15, 1999. 

(ii) Boeing Service Bulletin 757–54–0035, 

Revision 2, dated June 13, 2002. 

(5) The following service information was 

approved for IBR on January 3, 2000 (64 FR 

66370, November 26, 1999). 

(i) Boeing Service Bulletin 757–54–0035, 

dated July 17, 1997. 

(ii) Reserved. 

(6) 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. 

(7) You may view copies of this 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. 

(8) 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/ibrlocations.html. 

Issued in Renton, Washington, on February 

19, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–04826 Filed 3–17–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0369; Directorate 

Identifier 2012–NM–128–AD; Amendment 

39–17793; AD 2014–05–20] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 757 airplanes. 

This AD was prompted by reports of 

fractured rudder pedal pushrod 

connecting bolts in a rudder pedal 

assembly. This AD requires repetitive 

replacements of the rudder pedal 

pushrod connecting bolts and repetitive 

inspections of the rudder pedal 

assembly bolt holes in each of the 

captain and the first officer rudder pedal 

assemblies, and if necessary, repair or 

replacement of worn rudder pedal 

assemblies. We are issuing this AD to 

prevent fracture of the rudder pedal 

pushrod connecting bolts during pedal 

use, which could result in large 

involuntary inputs to the rudder and 

nose-wheel steering and an asymmetric 

application of braking, if pedal brakes 

are applied, leading to a runway 

excursion. 

DATES: This AD is effective April 22, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 22, 2014. 

ADDRESSES: 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; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356. 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–2013– 

0369; 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: 

Marie Hogestad, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, Seattle Aircraft Certification 

Office, FAA, 1601 Lind Avenue SW., 

Renton, WA 98057–3356; phone: 425– 

917–6418; fax: 425–917–6590; email: 

marie.hogestad@faa.gov. 

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 all The Boeing Company Model 

757 airplanes. The NPRM published in 

the Federal Register on May 10, 2013 

(78 FR 27315). The NPRM was 

prompted by reports of fractured rudder 

pedal pushrod connecting bolts in a 

rudder pedal assembly. The NPRM 

proposed to require repetitive 


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