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[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Proposed Rules]
[Pages 22435-22438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08904]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0328; Directorate Identifier 2012-NM-184-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 747-400 and -400D 
series airplanes. The existing AD currently requires repetitive 
inspections to detect cracks in the floor panel attachment fastener 
holes of the Section 41 upper deck floor beam upper chords, and 
corrective actions if necessary; and repetitive post-repair and post-
modification inspections, and corrective actions if necessary. Since we 
issued that AD, an evaluation by the design approval holder (DAH) 
indicated that certain upper chords of the upper deck floor beam are 
subject to widespread fatigue damage (WFD). A replacement was developed 
to support the airplane's limit of validity (LOV) of the engineering 
data that support the established structural maintenance program. This 
proposed AD would add repetitive inspections of Section 44 upper deck 
floor beam upper chords, and corrective actions if necessary; 
repetitive post-repair and post-modification inspections, and 
corrective actions if necessary; and replacing the upper deck floor 
beam upper chords. We are proposing this AD to detect and correct 
fatigue cracking in certain upper chords of the upper deck floor beam, 
which could become large and cause the floor beams to become severed 
and result in rapid decompression or reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by May 31, 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 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, 
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: Roger Caldwell, Aerospace Engineer, 
Technical Operations Center, ANM-100D, FAA, Denver Aircraft 
Certification Office (ACO), 26805 East 68th Avenue, Room 214, Denver, 
CO 80249; phone: 303-342-1086; fax: 303-342-1088; email: 
roger.caldwell@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-2013-0328; 
Directorate Identifier 2012-NM-184-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.

[[Page 22436]]

    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

    Structural fatigue damage is progressive. It begins as minute 
cracks, and those cracks grow under the action of repeated stresses. 
This can happen because of normal operational conditions and design 
attributes, or because of isolated situations or incidents such as 
material defects, poor fabrication quality, or corrosion pits, dings, 
or scratches. Fatigue damage can occur locally, in small areas or 
structural design details, or globally. Global fatigue damage is 
general degradation of large areas of structure with similar structural 
details and stress levels. Multiple-site damage is global damage that 
occurs in a large structural element such as a single rivet line of a 
lap splice joining two large skin panels. Global damage can also occur 
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small 
initially to be reliably detected with normal inspection methods. 
Without intervention, these cracks will grow, and eventually compromise 
the structural integrity of the airplane, in a condition known as 
widespread fatigue damage (WFD). As an airplane ages, WFD will likely 
occur, and will certainly occur if the airplane is operated long enough 
without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent structural failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that DAHs 
and applicants establish a LOV of the engineering data that support the 
structural maintenance program. Operators affected by the WFD rule may 
not fly an airplane beyond its LOV, unless an extended LOV is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    On May 1, 2009, we issued AD 2009-10-06, Amendment 39-15901 (74 FR 
22424, May 13, 2009), for certain Boeing Model 747-400 and 747-400D 
series airplanes. That AD requires repetitive inspections to detect 
cracks in the floor panel attachment fastener holes of the Section 41 
upper deck floor beam upper chords, and related investigative and 
corrective actions if necessary. That AD resulted from reports of 
cracks found in the Section 41 upper deck floor beam upper chords. We 
issued that AD to detect and correct cracks in these chords, which 
could become large and cause the floor beams to become severed and 
result in rapid decompression or reduced controllability of the 
airplane.

Actions Since Existing AD 2009-10-06, Amendment 39-15901 (74 FR 22424, 
May 13, 2009) Was Issued

    Since we issued AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 
13, 2009), an evaluation by the DAH indicating that certain upper 
chords of the upper deck floor beam are subject to WFD. The replacement 
was developed to support the airplane's LOV of the engineering data 
that support the established structural maintenance program.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2688, Revision 1, 
dated September 19, 2012. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0328.

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 2009-10-06, 
Amendment 39-15901 (74 FR 22424, May 13, 2009). This proposed AD would 
add repetitive inspections of Section 44 upper deck floor beam upper 
chords, and corrective actions if necessary; repetitive post-repair and 
post-modification inspections, and corrective actions if necessary; and 
replacing the upper deck floor beam upper chords.
    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.

Changes to Existing Language in Paragraph (g) of This AD

    We have revised paragraph (g) of this AD to clarify the terminology 
and repetitive inspections. We have removed the term ``related 
investigative actions'' from the paragraph and added a sentence 
describing the repetitive inspections for airplanes on which a repair 
or modification has been done.

Differences Between the Proposed AD and the Service Information

    Where Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012, specifies to contact Boeing for repair 
instructions, this AD requires repairing using a method approved in 
accordance with the procedures specified in paragraph (p) of this AD.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is replaced before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. We will not grant any extensions of the 
compliance time to complete any AD-mandated service bulletin related to 
WFD unless extensive new data are provided.

Costs of Compliance

    We estimate that this proposed AD affects 84 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 22437]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained actions from  Up to 50 work-hours              $0  Up to $4,250 per     Up to $357,000 per
 existing AD 2009-10-06,            x $85 per hour =                     inspection cycle.    inspection cycle
 Amendment 39-15901 (74 FR 22424,   Up to $4,250 per
 May 13, 2009)].                    inspection cycle.
Inspection [new proposed action].  259 work-hours x                  0  $22,015 per          $1,849,260 per
                                    $85 per hour =                       inspection cycle.    inspection cycle
                                    $22,015 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the repair or modification 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 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

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 removing airworthiness directive (AD) 
2009-10-06, Amendment 39-15901 (74 FR 22424, May 13, 2009), and adding 
the following new AD:

The Boeing Company: Docket No. FAA- 2013-0328; Directorate 
Identifier 2012-NM-184-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 31, 2013.

(b) Affected ADs

    This AD supersedes AD 2009-10-06, Amendment 39-15901 (74 FR 
22424, May 13, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400D 
series airplanes; certificated in any category; as identified in 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that certain upper chords of the upper deck 
floor beam are subject to widespread fatigue damage (WFD). A 
replacement was developed to support the airplane's limit of 
validity (LOV) of the engineering data that support the established 
structural maintenance program. We are issuing this AD to detect and 
correct fatigue cracking in certain upper chords of the upper deck 
floor beam, which could become large and cause the floor beams to 
become severed and result in rapid decompression or reduced 
controllability of the airplane.

(f) Compliance

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

(g) Retained Inspections and Corrective Actions With Revised Service 
Information and Compliance Times

    This paragraph restates the actions required by paragraph (g) of 
AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13, 2009) with 
revised service information and compliance times. Except as required 
by paragraphs (h)(1) and (h)(2) of this AD: At the applicable times 
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
747-53A2688, dated August 21, 2008, do an inspection (open-hole or 
surface high frequency eddy current (HFEC)) to detect cracks in the 
floor panel attachment fastener holes of the Section 41 upper deck 
floor beam upper chords, and do applicable corrective actions, by 
accomplishing all the applicable actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008; or Revision 1, dated September 19, 
2012. Repeat the inspections, including the post-modification and 
post-repair repetitive inspections, thereafter at the applicable 
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 747-53A2688, dated August 21, 2008, except as 
required by paragraph (i) of this AD. As of the effective date of 
this AD, use only Boeing Alert Service Bulletin 747-53A2688, 
Revision 1, dated September 19, 2012, to accomplish the actions in 
this paragraph.

(h) Retained Exceptions

    (1) This paragraph restates the exception stated in paragraph 
(h) of AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13, 
2009). If any crack is found during any inspection required by 
paragraph (g) of this AD, and Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008; or Revision 1, dated September 19, 
2012; specifies to contact Boeing for appropriate action: Before 
further flight, repair the crack using a method approved in 
accordance with the procedures specified in paragraph (p) of this 
AD.
    (2) This paragraph restates the exception stated in paragraph 
(i) of AD 2009-10-06, Amendment 39-15901 (74 FR 22424, May 13,

[[Page 22438]]

2009). Where Boeing Alert Service Bulletin 747-53A2688, dated August 
21, 2008, specifies a compliance time after the date on the service 
bulletin, this AD requires compliance within the specified 
compliance time after June 17, 2009 (the effective date of AD 2009-
10-06).

(i) New Compliance Time for Airplanes on Which a Repair or Modification 
Is Done

    For airplanes on which a repair or modification identified in 
Table 2 of 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
747-53A2688, Revision 1, dated September 19, 2012, has been done: At 
the times specified in Table 2 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012, except as required by paragraph (n)(3) of this 
AD, do open-hole and surface HFEC inspections, as applicable, for 
cracking, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012. Repeat at the applicable intervals specified in 
Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2688, Revision 1, dated September 19, 2012. If any 
cracking is found in the repaired or modified locations, before 
further flight, repair the crack using a method approved in 
accordance with the procedures specified in paragraph (p) of this 
AD.

(j) New Inspections and Repair

    For Group 1 airplanes identified in Boeing Alert Service 
Bulletin 747-53A2688, Revision 1, dated September 19, 2012: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012, except as specified in paragraph (n)(2) of this 
AD: Do an open-hole or surface HFEC inspection to detect cracking in 
the floor panel attachment fastener holes of the Section 44 upper 
deck floor beam upper chords, and all applicable corrective actions, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012, 
except as required by paragraph (n)(1) of this AD. Repeat the 
inspections thereafter at the applicable intervals specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
747-53A2688, Revision 1, dated September 19, 2012. Do all applicable 
corrective actions before further flight.

(k) New Optional Terminating Modification

    Doing a hole modification or repair as a hole modification, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012, 
terminates the repetitive inspections specified in paragraph (j) of 
this AD.

(l) New Inspection and Repair of Repaired or Modified Locations

    (1) For airplanes on which a repair or modification specified in 
the ``Condition'' column of Table 4 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688, 
Revision 1, dated September 19, 2012, has been done: At the times 
specified in Table 4 of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 747-53A2688, Revision 1, dated September 19, 
2012, except as required by paragraph (n)(3) of this AD, do open 
hole and surface HFEC inspections, as applicable, for cracking, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2688, Revision 1, dated September 19, 2012. 
Repeat at the applicable intervals specified in Table 4 of paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2688, 
Revision 1, dated September 19, 2012. If any cracking is found in 
the repaired or modified locations, before further flight, repair 
the crack using a method approved in accordance with the procedures 
specified in paragraph (p) of this AD.

(m) New Replacement

    At the time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012: Replace Section 41 and 44 upper deck floor beam 
upper chords, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012.

(n) New Exceptions

    (1) If any crack is found during any inspection required by 
paragraph (i) of this AD, and Boeing Alert Service Bulletin 747-
53A2688, Revision 1, dated September 19, 2012, specifies to contact 
Boeing for appropriate action: Before further flight, repair the 
crack using a method approved in accordance with the procedures 
specified in paragraph (p) of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2688, Revision 1, 
dated September 19, 2012, specifies a compliance time ``after the 
Revision 1 date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (3) Where Table 2 or Table 4 of paragraph 1.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 747-53A2688, Revision 1, dated 
September 19, 2012, specifies to contact Boeing for inspections and 
compliance times: Before further flight, contact the FAA for 
inspections and compliance times, and accomplish the inspections at 
the given times.

(o) New Credit for Previous Actions

    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 Alert Service Bulletin 747-
53A2688, dated August 21, 2008, which has not been incorporated by 
reference in this AD.

(p) 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 paragraph (q)(2) of the 
Related Information section of this AD.
    (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 2009-10-06, Amendment 39-15901 (74 FR 
22424, May 13, 2009) are approved as AMOCs for the corresponding 
actions of this AD.

(q) Related Information

    (1) For more information about this AD, contact Roger Caldwell, 
Aerospace Engineer, Technical Operations Center, ANM-100D, FAA, 
Denver Aircraft Certification Office (ACO), 26805 East 68th Avenue, 
Room 214, Denver, CO 80249; phone: 303-342-1086; fax: 303-342-1088; 
email: roger.caldwell@faa.gov.
    (2) For information about AMOCs, contact Bill Ashforth, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6432; 
fax: 425-917-6590; email: bill.ashforth@faa.gov.
    (3) 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, 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 April 5, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08904 Filed 4-15-13; 8:45 am]
BILLING CODE 4910-13-P
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