### 38950 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

(j) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056.

Related Information

(k) Refer to MCAI EASA Airworthiness Directive 2010–0016R1, dated February 9, 2010, and the service information identified in Table 2 of this AD, for related information.



### TABLE 

### 2—R ELATED 

### S ERVICE 

### I NFORMATION

Document Revision Date

Airbus Mandatory Service Bulletin A330–34–3232 ............................................. Original ............................ ...................... January 20, 2010. Airbus Mandatory Service Bulletin A340–34–4239 ............................................. Original ............................ ...................... January 20, 2010. Airbus Mandatory Service Bulletin A340–34–5072 ............................................. Original ............................ ...................... January 20, 2010. Thales Service Bulletin C16291A–34–007 .......................................................... Revision 01 .................... ....................... December 3, 2009.

Issued in Renton, Washington, on June 25,
2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–16553 Filed 7–6–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–0677; Directorate Identifier 2010–NM–075–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Model 727 Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for certain Model 727 airplanes. This proposed AD would require inspections for scribe lines in the fuselage skin at skin lap joints and butt joints, the skin at certain external approved repairs, the skin around external features such as antennas, and the skin at decals and fairings; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe lines found at skin lap joints and butt joints, around external repairs and antennas, and at locations where external decals had been cut. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause rapid decompression of the airplane.

**DATES :**  We must receive comments on this proposed AD by August 23, 2010.

**ADDRESSES :**  You may send comments 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: 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 proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1; fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. 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 (telephone 800–647–5527) is in the

**ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.

**FOR FURTHER INFORMATION CONTACT :**  Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6577; fax (425) 917–6590.

**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–2010–0677; Directorate Identifier 2010–NM–075–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://


### 38951 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules

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 have received reports of scribeline-related cracking on 2 Model 727 airplanes. One report was on a 727–100 airplane with 44,171 flight cycles. The crack was near a repair and caused rapid decompression of the airplane. Another report was on a 727–100 airplane with 51,195 flight cycles. The crack was at station 1090–1110, stringer 4L lap joint. This crack also caused rapid decompression of the airplane. This condition, if not corrected, could result in fatigue cracks developing in the skin at scribe line locations. Fatigue cracks, if not corrected, could grow large and cause rapid decompression of the airplane.

Related ADs

This proposed AD is similar to four existing ADs. AD 2010–05–13, Amendment 39–16223 (75 FR 13225, March 19, 2010), applies to Boeing Model 737–100, –200, –200C, –300, –400, and, –500 series airplanes. AD 2007–19–07, Amendment 39–15198 (72 FR 60244, October 24, 2007), applies to certain Boeing Model 757–200, –200PF, and, –200CB series airplanes. AD 2009– 24–08, Amendment 39–16096 (74 FR 62217, November 27, 2009) applies to certain Boeing Model 777–200, –200LR, –300, and, –300ER series airplanes. AD 2010–06–16, Amendment 39–16241 (75 FR 12670, March 17, 2010) applies to certain Boeing Model 767 series airplanes. Those ADs require inspections to detect scribe lines in the fuselage skin at certain lap joints, around decal locations, external repair doublers, and other areas; and related investigative/corrective actions if necessary. Those actions resulted from reports of fuselage skin cracks adjacent to the skin lap joints on airplanes that had scribe lines.

Relevant Service Information

We have reviewed Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010. This service bulletin describes procedures for detailed inspections to detect scribe lines along applicable skin lap joints, skin butt joints, external approved repairs, external features, decals, and fairings. This service bulletin specifies removing paint and sealant from affected areas before the initial detailed inspection. The compliance times for the initial detailed inspections range for certain airplane configurations from 30,000 to 60,000 total accumulated flight cycles (depending on the inspection location), or within up to 36 months after the date of this service bulletin, whichever occurs later. For certain other airplane configurations, the initial detailed inspections range between 6 months and 24 months after the date of this service bulletin.

This service bulletin specifies related investigative actions that include performing low or high frequency eddy current or ultrasonic inspections of the scribe lines to detect cracks, and this service bulletin specifies corrective actions as either repairing scribe lines and cracks or contacting Boeing for repair instructions and doing the repair.

This service bulletin specifies repairing scribe lines before further flight, except when a limited return to service (LRTS) program for qualifying scribe lines would allow return to service for a limited period before scribe lines are repaired. The LRTS program includes repetitive inspections to detect cracks where scribe lines are found. To qualify for an LRTS program, scribe lines must meet certain criteria based on their depth and location. This service bulletin specifies contacting Boeing for final repair instructions, which would eliminate the need for the repetitive inspections of the LRTS program. The repetitive interval for the LRTS program ranges from 800 to 9,000 flight cycles, depending on the depth and location of the scribe lines and the configuration of the airplane.

Boeing Alert Service Bulletin 727– 53A0233, dated February 19, 2010, notes that certain inspections would not be required under any of the following conditions: • The airplane had never been stripped or repainted.

• The airplane had never beenstripped or repainted under the wing-tobody fairings.

• The airplane has never had any decals installed in inspection areas since delivery.

• The existing repairs on the airplane span at least 3 rows above/forward and 3 rows below/aft of potential scribe lines on lap joints and butt joints.

Boeing Alert Service Bulletin 727– 53A0233, dated February 19, 2010, specifies submitting the inspection results to Boeing. FAA’s Determination and Requirements of This Proposed AD

We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs. This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the Proposed AD and Service Bulletin. ’’ The proposed AD would also require sending the inspection results to the manufacturer. Differences Between the Proposed AD and Service Bulletin

The service bulletin 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:

• 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) whom we have authorized to make those findings. Costs of Compliance

We estimate that this proposed AD would affect 234 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this proposed AD.



### TABLE

### —E STIMATED 

### C OSTS

Action Work hours Average labor rate per hour Parts Cost per product Number of U.S.-registered airplanes Fleet cost

Inspection Up to 320 hours $85 $0 Up to $27,200 234 Up to $6,364,800.


### 38952 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules

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), and

3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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. **§ 39.13 [Amended]** 2. The FAA amends § 39.13 by adding the following new AD:
The Boeing Company: Docket No. FAA– 2010–0677; Directorate Identifier 2010– NM–075–AD.

Comments Due Date

(a) We must receive comments by August 23, 2010.

Affected ADs

(b) None.
Applicability

(c) This AD applies to The Boeing Company Model 727, 727C, 727–100, 727– 100C, 727–200, and 727–200F series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010.
Subject

(d) Air Transport Association (ATA) of America Code 53: Fuselage.

Unsafe Condition

(e) This AD results from reports of scribe lines found at skin lap joints, butt joints, around external repairs and antennas, and at locations where external decals had been cut. The Federal Aviation Administration is issuing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause rapid decompression of the airplane.
Compliance

(f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.
Inspection

(g) At the applicable times specified in paragraph 1.E., ‘‘ Compliance, ’’ of Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010 ( ‘‘the service bulletin’’ ), except as provided in paragraphs (h) and (i) Of this AD, do detailed inspections for scribe lines of skin lap joints, skin butt joints, around external approved repairs, external features, and fairings, and at locations where external decals may have been cut, and do all applicable related investigative and corrective actions at the times specified in the service bulletin, by accomplishing all actions specified in the Accomplishment Instructions of the service bulletin, except as provided by paragraph (j) of this AD.

Note 1: The inspection exemptions noted in paragraph 1.E. of Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010, apply to this AD.

Exceptions to Service Bulletin Specifications

(h) Where Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010, specifies a compliance time after ‘‘the original issue date on this service bulletin, ’’ this AD requires compliance within the specified compliance time after the effective date of this AD.

(i) Where Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010, specifies to calculate the flight-cycle time for an airplane ‘‘ as of the original issue date on this service bulletin, ’’ this AD requires the airplane flight-cycle time to be calculated as of the effective date of this AD.

(j) Where Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010, specifies to contact Boeing for appropriate action, accomplish applicable actions before further flight using a method approved in accordance with the procedures specified in paragraph (l) of this AD.
Report

(k) At the applicable time specified in paragraph (k)(1) or (k)(2) of this AD: Submit a report of positive crack findings of the inspections required by paragraph (g) of this AD. Operators may use the reporting form contained in Appendixes B and C, as applicable, of Boeing Alert Service Bulletin 727–53A0233, dated February 19, 2010. Send the report to Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124– 2207. The report must contain, at a minimum, the inspection results, a description of any discrepancies found, the airplane serial number, and the number of flight cycles and flight hours on the airplane. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120–0056.

(1) If the inspection was done on or 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.
Alternative Methods of Compliance (AMOCs)

(l)(1) The Manager, Seattle Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM– 120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6577; fax (425) 917–6590. Information may be e-mailed to: 9-ANMSeattle-ACO-MOC-Requests@faa.gov.

(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD.

(3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.


### 38953 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules

Issued in Renton, Washington, on June 29,
2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–16552 Filed 7–6–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–0673; Directorate Identifier 2009–NM–208–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; BAE Systems (OPERATIONS) LIMITED**  **Model BAe 146 and Avro 146–RJ Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: In June 2000, prompted by a crack found at the top of the NLG [nose landing gear] oleo, BAE Systems (Operations) Ltd issued Inspection Service Bulletin (SB) 32–158. This SB was classified mandatory by the UK [United Kingdom] Civil Aviation Authority under AD number 002–06–2000, requiring repetitive nondestructive testing (NDT) inspections for cracking on the upper end of the NLG oleo. The AD also provided an optional terminating action for the repetitiveinspections, by embodiment of MessierDowty SB.146–32–150. As part of a recent accident investigation, the examination of a fractured NLG main fitting showed that Messier-Dowty [M– D] SB.146–32–150 had not been accomplished, although the records indicated that it had been. BAE Systems has determined that more NLG units could be similarly affected. These NLG units have been overhauled at Messier Services in Sterling, Virginia, in the United States. This condition, if not corrected, could result in NLG failure. Subsequently, investigation and analysis by M–D has identified the need for a reduction of the inspection threshold and the repetitive inspection interval for the affected NLG units and has replaced M–D SB 146–32–149 with M–D SB 146–32–174. The unsafe condition is cracking of the NLG, which could adversely affect the airplane’s safe landing. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

**DATES :**  We must receive comments on this proposed AD by August 23, 2010.

**ADDRESSES :**  You may send comments 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: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For BAE SYSTEMS (Operations) Limited service information identified in this proposed AD, contact BAE Systems (Operations) Ltd, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675704; e-mail RApublications@baesystems.com; Internet http://www.baesystems.com/ Businesses/RegionalAircraft/index.htm. For Messier-Dowty, contact Messier Services Americas, Customer Support Center, 45360 Severn Way, Sterling, Virginia 20166–8910; telephone 703– 450–8233; fax 703–404–1621; Internethttps://techpubs.services.messierdowty.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 Operations office 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 Operations office (telephone (800) 647–5527) is in the **ADDRESSES** section. Comments will be available in the AD docket shortly after receipt. **FOR FURTHER INFORMATION CONTACT :**  Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; fax (425) 227–1149.

**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–2010–0673; Directorate Identifier 2009–NM–208–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 based on those comments.

We have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs.

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 February 6, 2002, we issued AD 2002–03–10, Amendment 39–12651 (67 FR 6855, February 14, 2002). That AD required actions intended to address an unsafe condition on the products listed above.

Since we issued AD 2002–03–10,investigation and analysis by MessierDowty has identified the need for a reduction of the inspection threshold and the repetitive inspection interval for the affected nose landing gear (NLG) units, and has replaced Messier-Dowty Service Bulletin 146–32–149, dated April 17, 2000, with Messier-Dowty Service Bulletin 146–32–174, Revision 1, dated September 2, 2009. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2010–0001–E, dated January 4, 2010 (referred to after this as ‘‘the MCAI ’’ ), to correct an unsafe condition for the specified products. The MCAI states: