[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3660-3662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0030; Directorate Identifier 2009-NM-135-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Model 757 airplanes. This proposed AD would require repetitive 
inspections for corrosion and cracking in the front spar lower chord at 
the four fastener locations common to the side link support fitting at 
wing station (WS) 292, and corrective actions if necessary. This 
proposed AD results from reports that several operators have found 
cracking in the front spar lower chord at the four fastener locations 
common to the side link support fitting at WS 292. We are proposing 
this AD to detect and correct such corrosion and cracking, which, if 
not corrected, could grow and result in structural failure of the spar.

DATES: We must receive comments on this proposed AD by March 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#117c743f737e74727e7c51737e74787f763f727e7c"><span class="__cf_email__" data-cfemail="8fe2eaa1ede0eaece0e2cfede0eae6e1e8a1ece0e2">[email protected]</span></a>; 
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: Chris Hartman, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6432; 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-2010-0030; 
Directorate Identifier 2009-NM-135-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

[[Page 3661]]

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 that, over the past 7 years, several 
operators have found cracking in the front spar lower chord at the four 
fastener locations common to the side link support fitting at WS 292. 
This area is not covered by the normal maintenance activities. The 
length of the cracks ranged from 0.025 inch to 0.080 inch on airplanes 
that had accumulated from 13,100 to 29,209 total flight cycles. The 
cracks were repaired by oversizing the holes and installing freeze 
plugs. Such cracking, if not detected and corrected, could grow and 
result in structural failure of the spar.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 757-57-
0065, dated May 14, 2009. This service bulletin describes procedures 
for repetitive ultrasonic and general visual inspections for cracking 
and corrosion of the front spar lower chord at the four fastener 
locations common to the side link support fitting at WS 292. For 
airplanes on which any cracking or corrosion is found, Boeing Special 
Attention Service Bulletin 757-57-0065, dated May 14, 2009, specifies 
contacting Boeing for additional repair instructions and doing the 
repair.
    The compliance time for doing the inspections is at the latest of 
the following times, as applicable:
    <bullet> Before 37,500 total flight cycles or 20 years since the 
date of issuance of the original standard certificate of airworthiness, 
whichever occurs first.
    <bullet> Within 3,000 flight cycles after the date of the service 
bulletin.
    <bullet> Within 12,000 flight cycles after the incorporation of the 
modification requirements of AD 2004-12-07, Amendment 39-13666 (69 FR 
33561, June 16, 2004), or AD 2003-18-05, Amendment 39-13296 (68 FR 
53496, September 11, 2003).

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 the same type design. 
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.''

Explanation of Compliance Times

    We have provided two compliance times in paragraph (g) of this AD. 
Paragraph (g)(1) of this AD requires a compliance time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 757-57-0065, dated May 14, 2009. Boeing Special Attention 
Service Bulletin 757-57-0065, dated May 14, 2009, contains a compliance 
time that refers to modifications required by AD 2003-18-05, Amendment 
39-13296 (68 FR 53496, September 11, 2003); and AD 2004-12-07, 
Amendment 39-13666 (69 FR 33561, June 16, 2004). We anticipate 
superseding these ADs. As a result, we have provided an additional 
compliance time in paragraph (g)(2) of this AD which is contingent upon 
having done the modifications required by those two ADs.

Differences Between the Proposed AD and Service Bulletin

    Boeing Special Attention Service Bulletin 757-57-0065, dated May 
14, 2009, 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:
    <bullet> Using a method that we approve; or
    <bullet> Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) that we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 668 airplanes of 
U.S. registry. We also estimate that it would take about 6 work-hours 
per airplane to comply with this proposed AD. The average labor rate is 
$80 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $320,640 per inspection cycle, 
or $480 per airplane, per inspection cycle.

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0030; Directorate Identifier 
2009-NM-135-AD.

[[Page 3662]]

Comments Due Date

    (a) We must receive comments by March 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of cracking at the front spar 
lower chord at the four fastener locations common to the side link 
support fitting at wing station (WS) 292. The Federal Aviation 
Administration is issuing this AD to detect and correct such 
cracking and corrosion, which, if not corrected, could grow and 
result in structural failure of the spar.

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.

Inspect for Cracking and Corrosion

    (g) At the later of the times in paragraphs (g)(1) and (g)(2) of 
this AD, do ultrasonic and general visual inspections for cracking 
and corrosion of the front spar lower chord at the four fastener 
locations common to the side link support fitting at WS 292, in 
accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 757-57-0065, dated May 14, 2009. Where 
Boeing Special Attention Service Bulletin 757-57-0065, dated May 14, 
2009, 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. Repeat the inspection thereafter at 
intervals not to exceed 12,000 flight cycles.
    (1) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 757-57-
0065, dated May 14, 2009.
    (2) Within 12,000 flight cycles after doing the modification of 
the nacelle and wing structure in accordance with Boeing Service 
Bulletin 757-54-0034 or Boeing Service Bulletin 757-54-0035.
    (h) If any cracking or corrosion is found during any inspection 
required by this AD: Before further flight, repair the cracking or 
corrosion using a method approved in accordance with the procedures 
specified in paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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: Chris Hartman, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 917-6432; fax 
(425) 917-6590. Or, e-mail information to <a href="/cdn-cgi/l/email-protection#635a4e222d2e4e30060217170f064e22202c4e222e2c204e3106121606101710230502024d040c15"><span class="__cf_email__" data-cfemail="dbe2f69a9596f688bebaafafb7bef69a9894f69a969498f689beaaaebea8afa89bbdbabaf5bcb4ad">[email protected]</span></a>.
    (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.

    Issued in Renton, Washington, on January 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1137 Filed 1-21-10; 8:45 am]
BILLING CODE 4910-13-P


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