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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2009-0293; Directorate Identifier 2008-NM-221-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes identified above. This proposed AD would require replacing the inboard trailing edge (TE) flap transmission carbon disk no-back brakes with skewed roller no-back brakes at the TE flap transmission, positions 4 and 5. This proposed AD results from reports of the inboard TE flaps blowing back due to the failure of a transmission carbon disk no-back brake. The no-back brake did not hold the TE flaps in the commanded position. We are proposing this AD to prevent a decrease of the aerodynamic controllability of the airplane, which could adversely affect the airplane's continued safe flight and landing.
 DATES: We must receive comments on this proposed AD by May 18, 2009.
 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 or 425-227-1152. 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: Douglas Tsuji, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6487; 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-2009-0293; Directorate Identifier 2008-NM-221-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to 
                    *http://www.regulations.gov*, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received reports of the inboard trailing edge (TE) flaps blowing back due to the failure of a transmission carbon disk no-back brake. The no-back brake did not hold the TE flaps in the commanded position. On approach, with landing flaps 25 or 30 selected, the inboard TE flaps failed to hold the commanded position and blew back to approximately flaps 10/15. This failure can cause an asymmetric flap blow-back if a torque tube becomes disconnected in combination with a failed no-back brake, or cause a symmetric flap blow-back if the hydraulic motor torque is lost in combination with two failed no-back brakes. This condition, if not corrected, could result in a decrease of the aerodynamic controllability of the airplane, which could adversely affect the airplane's continued safe flight and landing. Relevant Service Information We have reviewed Boeing Special Attention Service Bulletin 747-27-2422, dated October 30, 2008. The service bulletin describes procedures to replace the inboard TE flap transmission carbon disk no-back brakes with skewed roller no-back brakes at the TE flap transmission, positions 4 and 5. 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. Costs of Compliance We estimate that this proposed AD would affect 249 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this proposed AD.
                    ( print page 14751) Table—Estimated costs
Action
Work hours
Average labor rate per hour
Parts
Cost
Number of U.S.-registered airplanes
Fleet costReplacement
25
$80
$60,670
$62,670
249
$15,604,830
 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
  2. The FAA amends § 39.13 by adding the following new AD: **Boeing:**
                                 Docket No. FAA-2009-0293; Directorate Identifier 2008-NM-221-AD. Comments Due Date (a) We must receive comments by May 18, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747-100, -100B, -100B SUD, -200B,  -200C, -200F, -300, -400, -400D, -400F, and 747SR series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 747-27-2422, dated October 30, 2008. Subject (d) Air Transport Association (ATA) of America Code 27: Flight controls. Unsafe Condition (e) This AD results from reports of the inboard trailing edge (TE) flaps blowing back due to the failure of a transmission carbon disk no-back brake. The no-back brake did not hold the flaps in the commanded position. The Federal Aviation Administration is issuing this AD to prevent a decrease of the aerodynamic controllability of the airplane, which could adversely affect the airplane's continued safe flight and landing. 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. Corrective Action (g) Within 5 years after the effective date of this AD, replace the trailing edge flap transmission no-back brakes with skewed roller no-back brakes at the trailing edge flap transmission, positions 4 and 5, in accordance with Boeing Special Attention Service Bulletin 747-27-2422, dated October 30, 2008. Alternative Methods of Compliance (AMOCs) (h)(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. Send information to ATTN: Douglas Tsuji, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6487; fax (425) 917-6590. (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.
 Issued in Renton, Washington, on March 18, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. E9-7273 Filed 3-31-09; 8:45 am] BILLING CODE 4910-13-P