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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22172-22175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1094; Directorate Identifier 2011-NM-070-AD; 
Amendment 39-17412; AD 2013-07-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 757 airplanes. This AD was prompted by reports 
that inspections of the wing center section revealed defective, 
misapplied, or missing secondary fuel vapor barriers on the center fuel 
tank. This AD requires inspecting for discrepancies and insufficient 
coverage of the secondary fuel barrier, determining the thickness of 
the secondary fuel barrier, and corrective actions if necessary. We are 
issuing this AD to detect and correct defective surfaces and 
insufficient thickness of the secondary fuel barrier, which could allow 
fuel leaks or fumes into the pressurized cabin, and allow fuel or fuel 
vapors to come in contact with an ignition source, which could result 
in a fire or an explosion.

DATES: This AD is effective May 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 20, 2013.

ADDRESSES: 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; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6501; fax: (425) 917-6590; email: kevin.nguyen@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on October 26, 2011 (76 FR 
66200). That NPRM proposed to require inspecting for discrepancies and 
insufficient coverage of the secondary fuel barrier, determining the 
thickness of the secondary fuel barrier, and corrective actions if 
necessary.

Actions Since NPRM (76 FR 66200, October 26, 2011) Was Issued

    The NPRM (76 FR 66200, October 26, 2011) referred to Boeing Service 
Bulletin 757-57-0060, Revision 2, dated May 24, 2007; and Boeing 
Service Bulletin 757-57-0061, Revision 1, dated May 24, 2007; as the 
appropriate sources of service information for accomplishing the 
proposed actions.
    Since we issued the NPRM (76 FR 66200, October 26, 2011), we have 
reviewed Boeing Service Bulletin 757-57-0060, Revision 4, dated 
December 7, 2012; and Boeing Service Bulletin 757-57-0061, Revision 3, 
dated December 7, 2012. We also reviewed Boeing Service Bulletin 757-
57-0060, Revision 3, dated May 9, 2012; and Boeing Service Bulletin 
757-57-0061, Revision 2, dated May 4, 2012. Among other things, these 
service bulletins eliminate a reference to the ``upper panel'' from 
certain steps of the Accomplishment Instructions. Boeing Service 
Bulletin 757-57-0061, Revision 2, dated May 4, 2012, also removed 
references to Group 2 airplanes from certain parts of the 
Accomplishment Instructions.
    This final rule has been revised to reference the latest revisions 
of this service information. In addition, the reference to ``upper 
panel'' has been removed from paragraph (h) of this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 66200, October 26, 2011) and the FAA's response to each comment. 
Boeing supported the NPRM. FedEx had no technical objections to the 
NPRM.

Request To Extend the Compliance Time

    American Airlines (AA) requested that we revise the NPRM (76 FR 
66200, October 26, 2011) to extend the compliance time specified in 
paragraph (g) of the NPRM from 60 months to 72 months to align with the 
regular heavy check interval for Model 757 airplanes. AA added that, 
based on current findings and the design of the vapor barrier, safety 
of flight is not affected by extending the compliance time.
    We agree with extending the compliance time to 72 months. The 
purpose of the secondary fuel barrier on Model 757 airplanes is to 
contain leaks due to fastener failures, primary tank sealant failures, 
and/or structural cracking of the center fuel tank. Model 757 airplanes 
have not had a history of those failures, thus extending the compliance 
time from 60 months to 72 months is acceptable for operators to 
accomplish the inspections during a regularly scheduled heavy 
maintenance check. We revised paragraphs (g), (h), (i), and (j) of this 
AD accordingly.

Request To Provide Credit for Previous Actions

    British Airways PLc requested that we revise the NPRM (76 FR 66200, 
October 26, 2011) to provide credit for Groups 1, 2, and 3 airplanes 
for accomplishing the actions specified in Boeing Service

[[Page 22173]]

Bulletin 757-57-0060, dated January 9, 2003; or Boeing Service Bulletin 
757-57-0060, Revision 1, dated April 10, 2003. European Air Transport 
Leipzig GmbH/DHL Air Ltd. also requested that the NPRM be amended to 
provide credit for previous actions performed using Boeing Service 
Bulletin 757-57-0060, Revision 1, dated April 10, 2003. British Airways 
PLc indicated that not providing credit for previous actions would 
represent an unnecessary cost to the aviation industry that would 
provide no safety benefit. Both commenters stated that unless credit is 
provided, operators that choose to accomplish the actions proactively 
using those earlier revisions of this service bulletin would be 
penalized.
    We partially agree. We agree to provide credit for the actions for 
Model 757-200 airplanes identified as Group 3 airplanes. We have added 
paragraph (k)(1) of this AD to provide credit for Group 3 airplanes if 
those actions were performed using Boeing Service Bulletin 757-57-0060, 
Revision 1, dated April 10, 2003; or Boeing Service Bulletin 757-57-
0060, dated January 9, 2003.
    However, we disagree to provide credit for any Model 757-200 
airplane group other than Group 3. As discussed in the NPRM (76 FR 
66200, October 26, 2011), Boeing Service Bulletin 757-57-0060, Revision 
2, dated May 24, 2007, contains further detailed inspection 
requirements for the secondary fuel barrier for Model 757-200 airplanes 
identified as Group 1 and Group 4, Configuration 1; and for Model 757-
200CB and 757-200PF airplanes identified as Group 2. Boeing Service 
Bulletin 757-57-0060, Revision 2, dated May 24, 2007, had additional 
requirements that were not included in earlier revisions. These 
additional requirements are inspection for air bubbles or blister-like 
areas, solid metallic particles, and defective surfaces that are found 
in the secondary fuel barrier, not just found between the secondary 
fuel barrier and the structure. Also, Boeing Service Bulletin 757-57-
0060, Revision 2, dated May 24, 2007, provides procedures for thickness 
measurements for Model 757-200 airplanes identified as Group 4, 
Configuration 1; and Group 4, Configuration 2 airplanes.
    In addition, we have determined that it is also appropriate to 
provide credit for actions done for Model 757-300 airplanes identified 
as Group 2 airplanes. We have added paragraph (k)(4) of this AD to 
provide credit for Model 757-300 airplanes identified as Group 2 
airplanes if those actions were performed using Boeing Service Bulletin 
757-57-0061, dated February 6, 2003, before the effective date of this 
AD.

Additional Changes Made to This AD

    As previously explained, since the NPRM (76 FR 66200, October 26, 
2011) was issued, Boeing released Boeing Service Bulletin 757-57-0060, 
Revision 4, dated December 7, 2012; and Boeing Service Bulletin 757-57-
0061, Revision 3, dated December 7, 2012. Therefore, we find it 
appropriate to provide credit in paragraph (k) of this final rule for 
Boeing Service Bulletin 757-57-0060, Revision 3, dated May 9, 2012; 
Boeing Service Bulletin 757-57-0060, Revision 2, dated May 24, 2007; 
Boeing Service Bulletin 757-57-0061, Revision 2, dated May 4, 2012; and 
Boeing Service Bulletin 757-57-0061, Revision 1, dated May 24, 2007.
    Note 1 to paragraph (g) of the NPRM (76 FR 66200, October 26, 2011) 
defined a detailed inspection. We have removed that note in this final 
rule, since the appropriate service information contains the inspection 
definition.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (76 FR 66200, October 26, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 66200, October 26, 2011).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 619 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor Cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Access and inspect secondary fuel     42 work-hours x $85 per              $0           $3,570       $2,209,830
 barrier.                              hour = $3,570 per
                                       inspection.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                      Cost per
                Action                        Labor cost            Parts cost        product
-------------------------------------------------------------------------------------------------
Apply secondary fuel barrier.........  7 work-hours x $85 per                $0             $595
                                        hour = $595 per
                                        secondary fuel barrier
                                        application.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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.

[[Page 22174]]

    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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-07-08 The Boeing Company: Amendment 39-17412; Docket No. FAA-
2011-1094; Directorate Identifier 2011-NM-070-AD.

(a) Effective Date

    This AD is effective May 20, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, 757-200PF, 
and 757-200CB series airplanes, certificated in any category, as 
identified in Boeing Service Bulletin 757-57-0060, Revision 4, dated 
December 7, 2012; and Model 757-300 series airplanes, certificated 
in any category, as identified in Boeing Service Bulletin 757-57-
0061, Revision 3, dated December 7, 2012.

(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 that inspections of the wing 
center section revealed defective, misapplied, or missing secondary 
fuel vapor barriers on the center fuel tank. We are issuing this AD 
to detect and correct defective surfaces and insufficient thickness 
of the secondary fuel barrier, which could allow fuel leaks or fumes 
into the pressurized cabin, and allow fuel or fuel vapors to come in 
contact with an ignition source, which could result in a fire or an 
explosion.

(f) Compliance

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

(g) Detailed Inspection

    For Group 1, Group 2, and Group 4, Configuration 1 airplanes, as 
identified in Boeing Service Bulletin 757-57-0060, Revision 4, dated 
December 7, 2012; and Group 1 and Group 3, Configuration 1 
airplanes, as identified in Boeing Service Bulletin 757-57-0061, 
Revision 3, dated December 7, 2012: Within 72 months after the 
effective date of this AD, do a detailed inspection to detect 
discrepancies of the secondary fuel barrier at the front spar and 
the upper panel of the wing center section, and if any discrepancy 
exists, repair before further flight; in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 757-57-0060, 
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable.

(h) Inspection of Minimum Application Coverage Area

    For Group 3 airplanes, as identified in Boeing Service Bulletin 
757-57-0060, Revision 4, dated December 7, 2012; and Group 2 
airplanes, as identified in Boeing Service Bulletin 757-57-0061, 
Revision 3, dated December 7, 2012: Within 72 months after the 
effective date of this AD, do a detailed inspection of the front 
spar to ensure the secondary fuel barrier application covers the 
minimum area specified in Boeing Service Bulletin 757-57-0060, 
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable. If the 
secondary fuel barrier does not cover the minimum specified area, 
apply more secondary fuel barrier before further flight, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 757-57-0060, Revision 4, dated December 7, 2012; or Boeing 
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as 
applicable.

(i) Measurement of Thickness of Secondary Fuel Barrier

    For Group 1, Group 2, and Group 4, Configuration 1, airplanes, 
as identified in Boeing Service Bulletin 757-57-0060, Revision 4, 
dated December 7, 2012; and for Group 1 and Group 3, Configuration 
1, airplanes, as identified in Boeing Service Bulletin 757-57-0061, 
Revision 3, dated December 7, 2012: Within 72 months after the 
effective date of this AD, measure the thickness of the secondary 
fuel barrier. If the thickness is less than or more than the 
acceptable limits defined in Boeing Service Bulletin 757-57-0060, 
Revision 4, dated December 7, 2012; or Boeing Service Bulletin 757-
57-0061, Revision 3, dated December 7, 2012; as applicable; apply 
more secondary fuel barrier or repair before further flight, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 757-57-0060, Revision 4, dated December 7, 2012; or Boeing 
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as 
applicable.

(j) Records Review or Measurement of Thickness of Secondary Fuel 
Barrier

    For Group 4, Configuration 2, airplanes, as identified in Boeing 
Service Bulletin 757-57-0060, Revision 4, dated December 7, 2012; 
and Group 3, Configuration 2, airplanes, as identified in Boeing 
Service Bulletin 757-57-0061, Revision 3, dated December 7, 2012: 
Within 72 months, review the maintenance records to determine if 
there was a minimum of 0.005 inch of new secondary fuel barrier 
applied, or if the thickness of the secondary fuel barrier cannot be 
determined from the maintenance records, measure the thickness of 
the secondary fuel barrier. If the thickness is less than or more 
than the acceptable limits specified in Boeing Service Bulletin 757-
57-0060, Revision 4, dated December 7, 2012; or Boeing Service 
Bulletin 757-57-0061, Revision 3, dated December 7, 2012; as 
applicable; apply more secondary fuel barrier or repair before 
further flight, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 757-57-0060, Revision 4, dated December 
7, 2012; or Boeing Service Bulletin 757-57-0061, Revision 3, dated 
December 7, 2012; as applicable.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g), (h), (i), and (j) of this AD, if those actions were 
performed before the effective date of this AD using the applicable 
service information specified in paragraphs (k)(1) through (k)(4) of 
this AD, which are not incorporated by reference in this AD.
    (1) For Group 3 airplanes, as identified in Boeing Service 
Bulletin 757-57-0060, Revision 4, dated December 7, 2012: Boeing 
Service Bulletin 757-57-0060, Revision 1,

[[Page 22175]]

dated April 10, 2003; or Boeing Service Bulletin 757-57-0060, dated 
January 9, 2003.
    (2) For all airplanes, as identified in Boeing Service Bulletin 
757-57-0060, Revision 4, dated December 7, 2012: Boeing Service 
Bulletin 757-57-0060, Revision 2, dated May 24, 2007; or Boeing 
Service Bulletin 757-57-0060, Revision 3, dated May 9, 2012.
    (3) For all airplanes, as identified in Boeing Service Bulletin 
757-57-0061, Revision 3, dated December 7, 2012: Boeing Service 
Bulletin 757-57-0061, Revision 1, dated May 24, 2007; or Boeing 
Service Bulletin 757-57-0061, Revision 2, dated May 4, 2012.
    (4) For Group 2 airplanes, as identified in Boeing Service 
Bulletin 757-57-0061, Revision 3, dated December 7, 2012: Boeing 
Service Bulletin 757-57-0061, dated February 6, 2003.

(l) No Reporting Requirement

    Although Boeing Service Bulletin 757-57-0060, Revision 4, dated 
December 7, 2012; and Boeing Service Bulletin 757-57-0061, Revision 
3, dated December 7, 2012; specify to submit certain information to 
the manufacturer, this AD does not include that requirement.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: -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.

(n) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: (425) 917-6501; fax: (425) 917-6590; email: 
kevin.nguyen@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; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington. For information on the 
availability of this material at the FAA, call 425-227-1221.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 757-57-0060, Revision 4, dated 
December 7, 2012.
    (ii) Boeing Service Bulletin 757-57-0061, Revision 3, dated 
December 7, 2012.
    (3) 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; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this 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.
    (5) You may view copies of this service information that is 
incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 29, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08191 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P
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