[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31327-31329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13306]


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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]
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 a detailed 
inspection of the inboard and outboard main 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, and related 
corrective actions if necessary. This proposed AD results from reports 
of fuel leaking from the front spar of the wing through the slat track 
housing. We are proposing 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 leading to 
a fuel leak and potential fire.

DATES: We must receive comments on this proposed AD by July 19, 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#3b565e1559545e5854567b59545e52555c15585456"><span class="__cf_email__" data-cfemail="b9d4dc97dbd6dcdad6d4f9dbd6dcd0d7de97dad6d4">[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.

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-2010-0547; 
Directorate Identifier 2009-NM-234-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 two reports of fuel leaking from the front spar of 
the wing through the slat track housing. In at least one case, the 
source of the fuel leak was from a puncture of the slat track housing 
caused by a roller that had fallen into the slat track housing. The 
roller, which was not a component of the slat installation or the slat 
track support rib, subsequently punctured the slat track housing when 
the slat was retracted. While fuel leaking from a punctured slat track 
housing could lead to a fire, in both cases, no fires were reported.

Relevant Service Information

    We have reviewed Boeing Special Attention Bulletin 757-57-0068, 
dated September 15, 2009. That service bulletin describes procedures 
for doing a detailed inspection of the inboard and outboard main track 
downstop assemblies and for applying torque to the main track downstop 
assembly nuts of slat numbers 1 through 10, excluding the outboard 
track of slats 1 and 10. That service bulletin also describes 
procedures for doing a detailed inspection of both inboard and outboard 
slat track housings of slat numbers 1 through 10 for foreign object 
debris or visible damage, and doing corrective actions if necessary. 
Boeing Special Attention Bulletin 757-57-0068, dated September 15, 
2009, specifies the following corrective actions:
    <bullet> Removing and reinstalling incorrectly installed main track 
downstop assemblies.
    <bullet> Replacing damaged or missing main track downstop assembly 
parts.
    <bullet> Removing foreign object debris.
    <bullet> Repairing or replacing damaged slat track housings.
    <bullet> Contacting Boeing for repair instructions.
    Boeing Special Attention Bulletin 757-57-0068, dated September 15, 
2009, specifies that the detailed inspections of the main track 
downstop assembles and the slat track housings be done before 24 months 
after the date on that service bulletin. That service bulletin also 
specifies that application of torque to the main track downstop 
assembly nuts be done before 24 months after the date on that service 
bulletin. That service bulletin also specifies that corrective actions 
be done before further flight.

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

[[Page 31328]]

the Proposed AD and the Service Bulletin.'' The proposed AD would also 
require sending the inspection results to Boeing.

Differences Between the Proposed AD and the Service Bulletin

    Boeing Special Attention Bulletin 757-57-0068, dated September 15, 
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 645 airplanes of 
U.S. registry. We also estimate that it would take about 19 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$85 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $1,041,675, or $1,615 per 
product.

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-2010-0547; Directorate Identifier 
2009-NM-234-AD.

Comments Due Date

    (a) We must receive comments by July 19, 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 fuel leaking from the front 
spar of the wing through the slat track housing. The Federal 
Aviation Administration is 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 leading to a fuel leak and potential fire.

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.

Inspection and Torque Application

    (g) Except as required by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-57-0068, dated 
September 15, 2009: 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 and perform a detailed inspection of all slat track 
housings for foreign object debris, visible damage, and missing 
parts, in accordance with the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 757-57-0068, dated September 15, 
2009. At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 757-57-
0068, dated September 15, 2009, 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, dated September 15, 2009. Do 
all applicable corrective actions before further flight, in 
accordance with Boeing Special Attention Service Bulletin 757-57-
0068, dated September 15, 2009.

Exceptions to the Service Bulletin

    (h) Where Boeing Special Attention Service Bulletin 757-57-0068, 
dated September 15, 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.
    (i) Where Boeing Special Attention Service Bulletin 757-57-0068, 
dated September 15, 2009, 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 (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, 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. Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#033a2e424d4e2e50666277776f662e42404c2e424e4c402e5166727666707770436562622d646c75"><span class="__cf_email__" data-cfemail="695044282724443a0c081d1d050c44282a26442824262a443b0c181c0c1a1d1a290f0808470e061f">[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

[[Page 31329]]

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 May 24, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13306 Filed 6-2-10; 8:45 am]
BILLING CODE 4910-13-P


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