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[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65506-65508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26477]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1109; Directorate Identifier 2011-NM-172-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 757-200 and -
200PF series airplanes. The existing AD currently requires modification 
of the nacelle strut and wing structure, and repair of any damage found 
during the modification. Since we issued that AD, a compliance time 
error involving the optional threshold formula 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 that overrides the optional threshold 
formula results. 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 December 13, 
2012.

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; 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-2012-1109; 
Directorate Identifier 2011-NM-172-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 August 29, 2003, we issued AD 2003-18-05, Amendment 39-13296 (68 
FR 53496, September 11, 2003), for certain Model 757 series airplanes 
powered by Pratt & Whitney engines. That AD requires modification of 
the nacelle strut and wing structure, and repair of any damage found 
during the modification. 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. Subsequent 
analysis and service history, which included numerous reports of 
fatigue cracking on certain strut and wing structure, indicated that 
fatigue cracking can occur on the primary strut structure before an 
airplane reaches 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 (68 FR 53496, September 11, 2003) Was Issued

    Since we issued AD 2003-18-05, Amendment 39-13296 (68 FR 53496, 
September 11, 2003), an error in the optional threshold formula of the 
compliance time was discovered. If the optional threshold formula is 
used, it could result in an unacceptable compliance time for addressing 
the unsafe condition.

Relevant Service Information

    AD 2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 
2003), refers to Boeing Service Bulletin 757-54-0034, dated May 14, 
1998; or Revision 1, dated October 11, 2001; as the appropriate source 
of service information for modifying the nacelle strut and wing 
structure. Boeing has since revised this service bulletin. We reviewed 
Boeing Service Bulletin 757-54-0034, Revision 2, dated May 7, 2009. 
This service bulletin specifies a compliance time that limits the 
results from the optional threshold compliance time formula to within 
eight years from the issuance date of this service bulletin.

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 retain all requirements of AD 2003-18-05, 
Amendment 39-13296 (68 FR 53496, September 11, 2003). This proposed AD 
would reduce certain compliance times. The optional threshold formula 
method is limited to within eight years after the effective date of the 
AD. This proposed

[[Page 65507]]

AD would also require accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Between the Proposed AD and the Service Information.''

Change to Existing AD (68 FR 53496, September 11, 2003)

    This proposed AD would retain all requirements of AD 2003-18-05, 
Amendment 39-13296 (68 FR 53496, September 11, 2003). Since AD 2003-18-
05 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 2003-18-05,
 Amendment 39-13296 (68 FR 53496,    Corresponding  requirement in this
        September 11, 2003)                      proposed AD
------------------------------------------------------------------------
 paragraph (a)                       paragraph (g)
 paragraph (b)                       paragraph (h)
 paragraph (c)                       paragraph (i)
 paragraph (d)                       paragraph (j)
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Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 757-54-0034, Revision 2, dated May 7, 2009, 
specifies 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 278 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification [retained actions from AD  800 work-hours x $85 per              $0         $68,000     $18,904,000
 2003-18-05, Amendment 39[dash]13296     hour = $68,000.
 (68 FR 53496, September 11, 2003)].
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no additional economic 
burden.
    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 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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2012-1109; Directorate Identifier 
2011-NM-172-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by December 13, 
2012.

(b) Affected ADs

    This AD supersedes AD 2003-18-05, Amendment 39-13296 (68 FR 
53496, September 11, 2003).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200 and -200PF 
series airplanes, certificated in any category, line numbers 1 
through 735 inclusive, powered by Pratt & Whitney 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. 
Subsequent analysis and service history, which includes numerous 
reports of fatigue cracking on certain strut and wing structure, 
indicated that fatigue cracking can occur on the primary strut

[[Page 65508]]

structure before an airplane reaches its design service objective. 
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, With New Service Information and Reduced 
Compliance Time

    This paragraph restates the requirements of paragraph (a) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information and a reduced compliance time. Modify 
the nacelle strut and wing structure on both the left and right 
sides of the airplane, in accordance with Boeing Service Bulletin 
757-54-0034, dated May 14, 1998; Boeing Service Bulletin 757-54-
0034, Revision 1, dated October 11, 2001; or Boeing Service Bulletin 
757-54-0034, Revision 2, dated May 7, 2009; at the later of the 
times specified in paragraph (g)(1) or (g)(2) of this AD. As of the 
effective date of this AD, only Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009, may be used to accomplish the actions 
required by this paragraph.
    (1) At the earlier of the times specified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD.
    (i) Prior to the accumulation of 37,500 total flight cycles.
    (ii) At the later of the times specified in paragraphs 
(g)(1)(ii)(A) or (g)(1)(ii)(B) of this AD.
    (A) Within 20 years since the date of manufacture.
    (B) Within the compliance time calculated using the optional 
threshold formula described in Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009, or within 8 years after the effective 
date of this AD, whichever occurs first.
    (2) Within 3,000 flight cycles after November 13, 2000 (the 
effective date of AD 2000-20-09, Amendment 39-11920 (65 FR 59703, 
October 6, 2000)).

(h) Retained Concurrent Requirements, With New Service Information

    This paragraph restates the requirements of paragraph (b) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information. Except as provided by paragraph (j) of 
this AD: Prior to or concurrently with the accomplishment of the 
modification of the nacelle strut and wing structure required by 
paragraph (g) of this AD, accomplish the actions specified in Boeing 
Service Bulletin 757-54-0027, Revision 1, dated October 27, 1994; 
and Boeing Service Bulletin 757-54-0036, dated May 14, 1998, or 
Boeing Service Bulletin 757-54-0036, Revision 1, dated July 31, 
2006; as applicable; in accordance with those service bulletins. As 
of the effective date of this AD, use only Boeing Service Bulletin 
757-54-0036, Revision 1, dated July 31, 2006, to accomplish the 
requirements of this paragraph.

(i) Retained Repair, With New Service Information

    This paragraph restates the requirements of paragraph (c) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information. If any damage to airplane structure is 
found during the accomplishment of the modification required by 
paragraph (g) of this AD, and Boeing Service Bulletin 757-54-0034, 
dated May 14, 1998; Boeing Service Bulletin 757-54-0034, Revision 1, 
dated October 11, 2001; or Boeing Service Bulletin 757-54-0034, 
Revision 2, dated May 7, 2009; specifies to contact Boeing for 
appropriate action: Before further flight, repair the damage using a 
method approved in accordance with the procedures specified in 
paragraph (k) of this AD.

(j) Retained Modification, With New Service Information

    This paragraph restates the requirements of paragraph (d) of AD 
2003-18-05, Amendment 39-13296 (68 FR 53496, September 11, 2003), 
with new service information. Modify the nacelle strut (including 
replacing the upper link with a new, improved part, and modifying 
the wire support bracket attached to the upper link), in accordance 
with Boeing Service Bulletin 757-54-0036, dated May 14, 1998; or 
Boeing Service Bulletin 757-54-0036, Revision 1, dated July 31, 
2006; at the earlier of the times specified in paragraphs (j)(1) and 
(j)(2) of this AD. As of the effective date of this AD, use only 
Boeing Service Bulletin 757-54-0036, Revision 1, dated July 31, 
2006, to accomplish the requirements of this paragraph.
    (1) Prior to or concurrently with accomplishment of the 
modification of the nacelle strut and wing structure required by 
paragraph (g) of this AD.
    (2) Prior to the accumulation of 27,000 total flight cycles (for 
Model 757-200 series airplanes) or 29,000 total flight cycles (for 
Model 757-200PF series airplanes), or within 2 years after October 
16, 2003 (the effective date of AD 2003-18-05, Amendment 39-13296 
(68 FR 53496, September 11, 2003)), whichever is later.

(k) 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 previously in accordance with AD 2003-18-05, 
Amendment 39-13296 (68 FR 53496, September 11, 2003), are approved 
as AMOCs for the corresponding provisions of this AD.

(l) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft 
Certification Office, 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 October 16, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26477 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-13-P
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