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[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Proposed Rules]
[Pages 32433-32437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13055]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0547; Directorate Identifier 2009-NM-234-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all The Boeing Company Model 757 airplanes. That NPRM proposed 
to require a detailed inspection of the inboard and outboard main slat 
track downstop assemblies and a torque application to the main track 
downstop assembly nuts of slat numbers 1 through 10, excluding the 
outboard track of slats 1 and 10; a detailed inspection of all slat 
track housings for foreign object debris (FOD) and visible damage; and 
corrective actions if necessary. That NPRM was prompted by reports of 
fuel leaking from the front spar of the wing through the slat track 
housing. This action revises that NPRM by adding inspection results 
reporting. We are proposing this supplemental NPRM to detect and 
correct incorrectly installed main slat track downstop assemblies, 
which, when the slat is retracted, could cause a puncture in the slat 
track housing and lead to a fuel leak and potential fire. Since these 
actions impose an additional burden over that proposed in the NPRM, we 
are reopening the comment period to allow the public the chance to 
comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by July 16, 
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.

[[Page 32434]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, Washington 98124-2207; phone: 206-544-5000, 
extension 1; fax: 206-766-5680; email: me.boecom@boeing.com; 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, Washington. 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, Washington 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-2010-0547; 
Directorate Identifier 2009-NM-234-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 issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to all The Boeing Company Model 757 airplanes. That NPRM 
published in the Federal Register on June 3, 2010 (75 FR 31327). That 
NPRM proposed to require a detailed inspection of the inboard and 
outboard main slat track downstop assemblies and a torque application 
to the main track downstop assembly nuts of slat numbers 1 through 10, 
excluding the outboard track of slats 1 and 10; a detailed inspection 
of all slat track housings for FOD and visible damage; and corrective 
actions if necessary.

Actions Since Previous NPRM (75 FR 31327, June 3, 2010) Was Issued

    Since we issued the previous NPRM (75 FR 31327, June 3, 2010), we 
have determined that the service information referenced in the NPRM, 
Boeing Special Attention Service Bulletin 757-57-0068, dated September 
15, 2009, contains inspections for certain part numbers that do not 
exist and errors in certain figures.

Relevant Service Information

    We have reviewed Boeing Special Attention Bulletin 757-57-0068, 
Revision 1, dated July 19, 2011. This service information clarifies 
certain part numbers, downstop assembly components, and torquing 
requirements for downstop fasteners; and adds an option to replace the 
slat can instead of repairing it. This service information also 
corrects the part numbers to be inspected and corrects the errors found 
in Boeing Special Attention Service Bulletin 757-57-0068, dated 
September 15, 2009.

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.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(75 FR 31327, June 3, 2010). The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Agreement With the Intent of the NPRM (75 FR 31327, June 3, 2010)

    American Airlines (American) stated that, in general, it agrees 
with the intent of the previous NPRM (75 FR 31327, June 3, 2010).

Concurrence With the Proposed Inspection and Follow-On Actions

    Continental Airlines (Continental) stated that it concurs with the 
proposed inspection and follow-on actions.

Requests To Clarify Reporting Results

    Boeing, Delta Air Lines (Delta), and FedEx requested that we 
clarify if reporting the inspection results is required. Boeing stated 
that the reporting request is not shown in paragraph (h) of the NPRM 
(75 FR 31327, June 3, 2010). Delta stated that reporting for this 
subject does not add safety to the rule.
    Boeing Special Attention Service Bulletin 757-57-0068, Revision 1, 
dated July 19, 2011, specifies reporting and includes an appendix for 
reporting the inspection results. The extent of FOD, visible damage, 
and missing parts is not known. Inspection reports will help determine 
the extent of the safety issue in the affected fleet. Based on the 
results of these reports, we will determine if further rulemaking is 
warranted. Therefore, we have added new paragraph (i) in this 
supplemental NPRM (SNPRM) to require operators to report the inspection 
results.

Request To Make the Inspection Repetitive

    American stated that a repetitive inspection program and/or 
airplane maintenance manual (AMM) revision may be necessary to prevent 
the unsafe condition. American justified its request by stating that 
the hardware may be changed using the AMM after the one-time 
inspection, and that maintenance could result in a loose torque to the 
downstop assembly nut.
    We disagree with revising this SNPRM to incorporate additional 
inspections or AMM revisions at this time. The SNPRM proposes a one-
time inspection, and reporting. If we receive reports of discrepancies 
in the downstop hardware or of FOD in the slat cans, we may consider 
additional rulemaking to address the unsafe condition. If operators are 
doing maintenance on the slat track downstop hardware using the AMMs, 
they should follow the instructions in the AMM and correctly torque the 
nut. The torque values in the AMM are the same as those in Boeing 
Special Attention Service Bulletin 757-57-0068, Revision 1, dated July 
19, 2011. Boeing is not

[[Page 32435]]

aware of any errors in the AMMs. Boeing has also added cautionary notes 
to the pertinent sections of the AMM advising the operators to 
correctly torque the nut, and to ensure that no FOD has dropped in to 
the slat can. We have not changed the SNPRM in this regard.

Request To Delay Issuing the Rule

    FedEx expressed concern over the availability of spare parts. FedEx 
stated that some replacement parts are not currently available from 
Boeing or are in very limited supply. We infer that FedEx requested we 
delay issuing the rule until additional supplies of spare parts are 
available.
    We disagree. The objective of this SNPRM is to detect and correct 
fuel leaks in the slat cans and prevent a potential fire. To delay this 
action would be inappropriate, since we have determined that an unsafe 
condition exists and that inspections must be conducted to ensure 
continued safety. Additionally, based on reports received to date, 
Boeing does not anticipate the need for significant numbers of part 
replacements. We have not changed the SNPRM in this regard.

Request To Correct Service Information

    Continental and Delta requested resolution of the errors in the 
service information.
    Continental requested that the illustrated parts catalog be 
permitted for use in determining correct part numbers and alternative 
part numbers.
    Delta noted that the torque values in the service information may 
be incorrect and that the illustrations of proper assembly are 
incorrect. Delta also requested that we revise the NPRM (75 FR 31327, 
June 3, 2010) to specify that the actions be accomplished using the 
better illustrations available in the AMM.
    We agree with the commenters that corrections to Boeing Special 
Attention Service Bulletin 757-57-0068, dated September 15, 2009, are 
needed. We have revised the SNPRM to require Boeing Special Attention 
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011, which 
corrects the errors specified by the commenters. We have also added new 
paragraph (j) to this SNPRM to provide credit for actions accomplished 
before the effective date of the AD in accordance with Boeing Special 
Attention Bulletin 757-57-0068, dated September 15, 2009, provided the 
inspection results were reported as specified in that service bulletin.

Request To Allow Replacement of Parts

    American requested that the NPRM (75 FR 31327, June 3, 2010) be 
revised to allow replacing damaged parts with new parts as an 
alternative to repairing damaged parts. American justified its request 
by stating that it may be easier to simply replace a damaged housing 
than to remove the damage.
    We partially agree. We agree with the commenter that this change is 
warranted because a replacement part is an acceptable repair. We 
disagree with changing the SNPRM, because Boeing has revised Boeing 
Special Attention Service Bulletin 757-57-0068, to allow either part 
replacement or repair. As stated previously, we have changed the SNPRM 
to refer to Boeing Special Attention Service Bulletin 757-57-0068, 
Revision 1, dated July 19, 2011.

Request To Account for Errors in Figure 11 of the Service Information

    American and Delta requested a provision in the NPRM (75 FR 31327, 
June 3, 2010) to account for errors in Figure 11 of Boeing Special 
Attention Bulletin 757-57-0068, dated September 15, 2009. The 
commenters justified the request by stating that the dimensioning of 
the allowable blendout in Figure 11 of Boeing Special Attention 
Bulletin 757-57-0068, dated September 15, 2009, is unclear.
    We partially agree. We agree with the commenters that the figure in 
Boeing Special Attention Bulletin 757-57-0068, dated September 15, 
2009, is unclear. We disagree with revising this SNPRM, because Boeing 
has provided corrected service instructions in Boeing Special Attention 
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011. As 
stated previously, we have changed the SNPRM to refer to this revision 
of the service information.

Clarification of Inspection Requirements

    We have revised paragraph (g) of the SNPRM to clarify that the 
purpose of the detailed inspection of the inboard and outboard main 
track downstop assemblies of slat numbers 1 through 10, excluding the 
outboard main track downstop assemblies of slat numbers 1 and 10, is to 
determine the assembly order and to detect missing or damaged parts.

FAA's Determination

    We are proposing this SNPRM 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. 
Certain changes described above expand the scope of the original NPRM 
(75 FR 31327, June 3, 2010). As a result, we have determined that it is 
necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Proposed Requirements of the SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Between the SNPRM and the Service Information.'' This 
SNPRM also requires sending the inspection results to Boeing.

Differences Between the SNPRM and the Service Information

    Boeing Special Attention Bulletin 757-57-0068, Revision 1, dated 
July 19, 2011, specifies to contact the manufacturer for instructions 
on how to repair certain conditions, but this SNPRM would require 
repairing those conditions in one of the following ways:
     Using 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) that we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 645 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
----------------------------------------------------------------------------------------------------------------
Inspection.........................  20 work-hours x $85 per                  $0          $1,700      $1,096,500
                                      hour = $1,700.
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[[Page 32436]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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

    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 adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2010-0547; Directorate Identifier 
2009-NM-234-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2012.

(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 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fuel leaking from the front 
spar of the wing through the slat track housing. We are issuing this 
AD to detect and correct incorrectly installed main track downstop 
assemblies, which, when the slat is retracted, could cause a 
puncture in the slat track housing and lead to a fuel leak and 
potential fire.

(f) Compliance

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

(g) Inspection and Torque Application

    Except as required by paragraph (h)(1) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1, 
dated July 19, 2011: Do the actions in paragraphs (g)(1) and (g)(2) 
of this AD.
    (1) Perform a detailed inspection of the inboard and outboard 
main track downstop assemblies of slat numbers 1 through 10, 
excluding the outboard main track downstop assemblies of slat 
numbers 1 and 10, for correct assembly order and missing or damaged 
parts; perform a detailed inspection of all slat track housings for 
foreign object debris, visible damage, and missing parts; and do all 
applicable corrective actions; in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, except as required by 
paragraph (h)(2) of this AD. Do all applicable corrective actions 
before further flight.
    (2) Apply torque to the main track down stop assembly nuts to 
make sure they have been correctly installed, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-57-0068, Revision 1, dated July 19, 2011.

(h) Exceptions to the Service Bulletin

    (1) Where Boeing Special Attention Service Bulletin 757-57-0068, 
Revision 1, dated July 19, 2011, specifies a compliance time ``after 
the date on this service bulletin,'' this AD requires compliance at 
the specified time after the effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 757-57-0068, 
Revision 1, dated July 19, 2011, 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 (l)(1) of this AD.

(i) Reporting Requirement

    If any of the conditions specified in paragraph B.3., ``Part 3--
Appendix A: Inspection Results Report,'' of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, are found during the 
inspection required by paragraph (g) of this AD, submit a report of 
the inspection findings at the applicable time specified in 
paragraph (i)(1) or (i)(2) of this AD, as specified in Appendix A of 
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1, 
dated July 19, 2011, to Boeing through the Boeing Communication 
System (BCS). The report must include a description of any 
discrepancies found, the airplane serial number, and the number of 
landings and flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for inspections and corrective 
actions required by paragraph (g) of this AD, if the inspections and 
corrective actions were performed before the effective date of this 
AD using Boeing Special Attention Bulletin 757-57-0068, dated 
September 15, 2009, provided the inspection results were reported as 
specified in Boeing Special Attention Bulletin 757-57-0068, dated 
September 15, 2009.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing, and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the

[[Page 32437]]

burden should be directed to the FAA at: 800 Independence Ave. SW., 
Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(l) 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.

(m) 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, 
Washington 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, Washington 98124-2207; phone: 206-
544-5000, extension 1; fax: 206-766-5680; email: 
me.boecom@boeing.com; 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, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 18, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13055 Filed 5-31-12; 8:45 am]
BILLING CODE 4910-13-P
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