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[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Proposed Rules]
[Pages 23694-23696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09407]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0334; Directorate Identifier 2013-NM-027-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 adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 757 airplanes. This proposed AD was prompted 
by a report of a broken forward support fitting at the inboard track of 
the inboard flap. This proposed AD would require repetitive inspections 
of the forward support fitting assemblies of the inboard track of the 
left and right inboard flaps for cracking, and corrective actions if 
necessary. We are proposing this AD to detect and correct cracking of 
the forward support fitting assembly, which could result in loss of 
inboard flap control and subsequent loss of airplane control.

DATES: We must receive comments on this proposed AD by June 6, 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 proposed 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 review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind Ave 
SW., Renton, WA 98057. 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, FAA, Seattle Aircraft Certification Office, 
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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0334; 
Directorate Identifier 2013-NM-027-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

    We received a report of a broken forward support fitting assembly 
at the inboard track of the inboard flap. During a post-flight taxi, 
pilots noticed a FLAP TE DISAGREE message on the engine indication and 
crew alerting system (EICAS). Maintenance personnel found that both 
components of the forward support fitting assembly had broken, causing 
the inboard track and transmission to drop 8 inches into the wheel 
well. The airplane had accumulated 22,328 total flight cycles. 
Metallurgical analysis found that cracks had initiated at a compound 
radius in each component flange common to the main landing gear (MLG) 
beam. Each crack was propagated by fatigue and was followed by final 
ductile rupture. This condition, if not detected and corrected, could 
result in loss of inboard flap control and subsequent loss of airplane 
control.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 757-57-0071, 
dated September 12, 2012. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0334.

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.
    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.

Costs of Compliance

    We estimate that this proposed AD affects 690 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 23695]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                   Labor cost           Parts cost        Cost per product      operators
----------------------------------------------------------------------------------------------------------------
High-frequency eddy current      11 work-hours x $85  None................  $935, per          $645,150, per
 inspection.                      per hour = $935,                           inspection cycle.  inspection
                                  per inspection                                                cycle.
                                  cycle
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost          Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement.......................  7 work-hours x $85              $10,000  $10,595, per assembly.
                                     per hour = $595, per
                                     assembly.
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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 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 this 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 adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2013-0334; Directorate Identifier 
2013-NM-027-AD.

(a) Comments Due Date

    We must receive comments by June 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 5753, Trailing edge flaps.

(e) Unsafe Condition

    This AD was prompted by a report of a broken forward support 
fitting at the inboard track of the inboard flap. We are issuing 
this AD to detect and correct cracking of the forward support 
fitting assembly, which could result in loss of inboard flap control 
and subsequent loss of airplane control.

(f) Compliance

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

(g) Inspection and Corrective Action

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-57-0071, dated 
September 12, 2012: Do a high frequency eddy current (HFEC) 
inspection for cracking in the forward support fitting assemblies of 
the inboard track of the left and right inboard flaps, and do all 
applicable corrective actions, in accordance with paragraph 3.B.2. 
of the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 757-57-0071, dated September 12, 2012. Do all 
applicable corrective actions before further flight. Thereafter, 
repeat the inspections at intervals not to exceed 6,000 flight 
cycles, except as required by paragraphs (g)(1) and (g)(2) of this 
AD.
    (1) For Group 1 airplanes as identified in Boeing Special 
Attention Service Bulletin 757-57-0071, dated September 12, 2012, on 
which any forward support fitting assembly is replaced: Do the next 
inspection before 15,000 flight cycles has accumulated on that 
assembly.
    (2) For Group 2 airplanes as identified in Boeing Special 
Attention Service Bulletin 757-57-0071, dated September 12, 2012, on 
which any forward support fitting assembly is replaced: Do the next 
inspection before 18,000 flight cycles has accumulated on that 
assembly.

(h) Exception to the Service Information

    (1) Where Boeing Special Attention Service Bulletin 757-57-0071, 
dated September 12, 2012, specifies compliance times ``after the 
original issue date of this service bulletin,'' this AD requires 
compliance within the specified compliance times ``after the 
effective date of this AD.''
    (2) Paragraphs 3.B.1. and 3.B.3. of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-57-

[[Page 23696]]

0071, dated September 12, 2012, are not required by this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (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. 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.

(j) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 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; telephone 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 Ave. NW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 12, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-09407 Filed 4-19-13; 8:45 am]
BILLING CODE 4910-13-P
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