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[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11569-11572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03268]

[[Page 11569]]

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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; 
Amendment 39-17354; AD 2013-03-20]
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 all The 
Boeing Company Model 757 airplanes. This AD was prompted by reports of 
fuel leaking from the front spar of the wing through the slat track 
housing. This AD requires 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. We are issuing this AD 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.

DATES: This AD is effective March 26, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 26, 
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, WA 98124-2207; phone: 206-544-5000, 
extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this 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: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO), 
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6440; 
fax: 425-917-6590; email: Nancy.Marsh@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) on 
May 18, 2012, to amend 14 CFR part 39 to include an airworthiness 
directive that would apply to the specified products. That SNPRM 
published in the Federal Register on June 1, 2012 (77 FR 32433). The 
original NPRM (75 FR 31327, June 3, 2010) 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. The SNPRM proposed to require inspection results reporting.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (77 
FR 32433, June 1, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 32433, June 1, 2012)

    American Airlines (AAL) stated that it has reviewed the SNPRM (77 
FR 32433, June 1, 2012) and agrees with the intent.
    UPS stated that it concurs with the technical reasons for the 
inspections and has been accomplishing those inspections since February 
2011.

Requests To Revise Cost Estimate

    AAL and Boeing requested that we revise the ``Costs of Compliance'' 
section of the SNPRM (77 FR 32433, June 1, 2012) to account for more 
hours necessary to accomplish the inspections.
    AAL stated that it has completed a representative sample of 
affected airplanes, and, contrary to the 20 estimated work-hours to 
accomplish the inspection as specified in the SNPRM (77 FR 32433, June 
1, 2012), it has been taking between 100 and 300 work-hours.
    Boeing stated that it has received input from an operator that 
additional time is necessary to clean the grease from inside the slat 
can in order to complete the required inspection. Boeing stated that 
the work-hours required to accomplish the inspection are approximately 
80 hours (not 20 hours, as specified in Boeing Special Attention 
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011 (which 
was referred to as the appropriate source of service information in the 
SNPRM (77 FR 32433, June 1, 2012)).
    We agree to change the work-hours specified in this AD, but not to 
the extent requested by AAL. We have changed the estimated costs 
specified in the AD preamble to 80 work-hours.

Request To Include Borescope Procedures

    AAL stated that it has found that a borescope inserted through the 
drain hole located in the front spar below each slat track housing 
opening provides easier access and a better view of the slat housing 
interior than the proposed detailed inspection. AAL stated that it 
might be of benefit to operators to specifically include a borescope 
inspection in the service information work instructions.
    We do not agree to change the AD to include borescope procedures. 
Boeing Special Attention Service Bulletin 757-57-0068, Revision 1, 
dated July 19, 2011, does not recommend a specific procedure for use of 
the borescope. We have determined that the current detailed inspection 
is adequate to address the identified unsafe condition and that 
delaying this action until after the release of a revised service 
bulletin is not warranted. However, under the provisions of paragraph 
(l) of this AD, we will consider requests for an alternate inspection 
procedure if sufficient data are submitted to substantiate that the 
alternate inspection procedure would satisfactorily address the 
identified unsafe condition. We have not changed the AD in this regard.

Request To Allow Simultaneous Inspection Steps

    AAL requested that we include the text of General Note 1 that 
appeared in Boeing Special Attention Service Bulletin 757-57-0068, 
dated September 15, 2009, which was referenced in the original NPRM (75 
FR 31327, June 3, 2010) as the appropriate source of

[[Page 11570]]

service information for the proposed actions. AAL stated that this note 
allowed operators to accomplish the inspections on both wings 
simultaneously, or on multiple slat can locations on the same wing 
simultaneously, instead of performing the inspections on each slat can 
sequentially.
    We partially agree. We agree with revising the AD to allow for 
inspections of multiple slat can locations, on both wings, to be 
performed simultaneously, because there is no effect on the 
accomplishment of the service information. We have added new paragraph 
(h)(3) to this AD to include this provision. However, we disagree with 
adding the full text of General Note 1 to the AD, because the note 
could be interpreted as allowing the inspection steps at a specific 
slat can to be performed out of sequence, which could detrimentally 
affect the results of the inspection and/or corrective actions.

Request To Extend Compliance Time

    AAL requested that we extend the compliance time from 24 months to 
72 months after issuance of the AD to accomplish the required actions. 
AAL stated that ``extending the inspection threshold to 72 months 
enables operators who have extended their maintenance program in 
accordance with Boeing Maintenance Planning Data to accomplish this 
modification at the first heavy maintenance visit after the effective 
date of the AD, thus precluding the addition of unnecessary out-of-
service days.''
    We do not agree to extend the compliance time to accomplish the 
required actions. In developing an appropriate compliance time for this 
AD, we considered not only the safety implications, but the 
manufacturer's recommendations and the practical aspect of 
accomplishing the actions within an interval of time that corresponds 
to typical scheduled maintenance for affected operators. Also, the 
Boeing service information cited in the original NPRM (75 FR 31327, 
June 3, 2010) has been available to operators since September 2009; 
therefore, U.S. operators have had ample time to consider initiating 
those actions, which this AD ultimately requires. Under the provisions 
of paragraph (l) of this AD, however, we might consider requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety. We have not changed the AD in this regard.

Request To Change Reporting Method

    UPS requested that we revise paragraph (i) of the SNPRM (77 FR 
32433, June 1, 2012) to allow reporting of results of inspections 
performed prior to the effective date of the AD to be in a different 
format than that specified in Appendix A of Boeing Special Attention 
Service Bulletin 757-57-0068, Revision 1, dated July 19, 2011. UPS 
stated that the reporting format provided in Appendix A of Boeing 
Special Attention Service Bulletin 757-57-0068, Revision 1, dated July 
19, 2011, is detailed, and that some of the details of inspections 
performed prior to the issuance of the SNPRM were not recorded in such 
detail. UPS noted that such detailed reporting was not part of the 
original NPRM (75 FR 31327, June 3, 2010).
    We do not agree to change the reporting requirement in this AD. The 
AD requires the use of Appendix A of Boeing Special Attention Service 
Bulletin 757-57-0068, Revision 1, dated July 19, 2011, as a means of 
gathering the details of the inspection findings. These additional 
details, which are not included in Appendix A of Boeing Special 
Attention Service Bulletin 757-57-0068, dated September 15, 2009, are 
necessary in order to evaluate whether further rulemaking to address 
this safety issue is warranted. However, under the provisions of 
paragraph (l) of this final rule, we might consider requests for 
approval of alternative reporting methods if sufficient data are 
submitted to substantiate that such an alternative method would provide 
an acceptable level of information gathering. We have not changed the 
final rule in this regard.

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:
     Are consistent with the intent that was proposed in the 
SNPRM (77 FR 32433, June 1, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 32433, June 1, 2012).
    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 645 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
----------------------------------------------------------------------------------------------------------------
Inspection.......................  80 work-hours x $85 per hour =                $0       $6,800      $4,386,000
                                    $6,800.
----------------------------------------------------------------------------------------------------------------

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

[[Page 11571]]

    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):

2013-03-20 The Boeing Company: Amendment 39-17354; Docket No. FAA-
2010-0547; Directorate Identifier 2009-NM-234-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 26, 2013.

(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 specified 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 
paragraphs (h)(1), (h)(2), and (h)(3) 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 Information

    (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.
    (3) Although Boeing Special Attention Service Bulletin 757-57-
0068, Revision 1, dated July 19, 2011, specifies the slat can 
inspections are to occur on the slat cans sequentially, this AD 
allows for the inspections of the slat cans at locations 1 through 
10 to be accomplished in any order, including multiple slat can 
locations simultaneously, provided that all the instructions of each 
applicable figure of Boeing Special Attention Service Bulletin 757-
57-0068, Revision 1, dated July 19, 2011, are completed in sequence 
on each slat can.

(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 actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Boeing Special Attention Bulletin 757-57-0068, 
dated September 15, 2009, which is not incorporated by reference in 
this AD, provided the inspection results are reported as specified 
in paragraph (i)(2) of this AD.

(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 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 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 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

[[Page 11572]]

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 Boeing 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; Internet: 
https://www.myboeingfleet.com.

(n) 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 Special Attention Service Bulletin 757-57-0068, 
Revision 1, dated July 19, 2011.
    (ii) Reserved.
    (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; phone: 
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view 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 February 6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-03268 Filed 2-15-13; 8:45 am]
BILLING CODE 4910-13-P
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