[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24712-24715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12111]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed 
Rules

[[Page 24712]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0477; Directorate Identifier 2008-NM-191-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD, 
-200B, and -300 Series Airplanes; and Model 747SP and 747SR Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Boeing Model 747 series 
airplanes. The existing AD currently requires repetitive inspections to 
detect cracks in various areas of the fuselage internal structure, and 
related investigative/corrective actions if necessary. This proposed AD 
would require additional repetitive inspections for cracking of certain 
fuselage structure, and related investigative/corrective actions if 
necessary. This proposed AD results from fatigue tests and analysis by 
Boeing that identified areas of the fuselage where fatigue cracks can 
occur. We are proposing this AD to prevent the loss of the structural 
integrity of the fuselage, which could result in rapid depressurization 
of the airplane.

DATES: We must receive comments on this proposed AD by July 10, 2009.

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#0a676f2468656f6965674a68656f63646d24696567"><span class="__cf_email__" data-cfemail="365b531854595355595b765459535f58511855595b">[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: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; 
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-2009-0477; 
Directorate Identifier 2008-NM-191-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

    On September 26, 2005, we issued AD 2005-20-30, amendment 39-14327 
(70 FR 59252, October 12, 2005), for certain Boeing Model 747 series 
airplanes. That AD requires repetitive inspections to detect cracks in 
various areas of the fuselage internal structure, and related 
investigative/corrective actions if necessary. That AD resulted from 
fatigue tests and analysis by Boeing that identified areas of the 
fuselage where fatigue cracks can occur. We issued that AD to prevent 
the loss of the structural integrity of the fuselage, which could 
result in rapid depressurization of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-20-30, Boeing has conducted an additional 
analysis that shows that Section 41 fuselage frames in the areas 
attached to the upper deck floor beams are also prone to fatigue 
cracking. Cracking of the frames was found on the fatigue test airplane 
at about 40,000 total pressure cycles. As a result, we have determined 
that additional inspections are necessary, as specified in the service 
information described below.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2349, 
Revision 3, dated October 2, 2008 (``the service bulletin''). In AD 
2005-20-30, we referred to Boeing Alert Service Bulletin 747-53A2349, 
Revision 1, dated October 12, 2000; and Boeing Service Bulletin 747-
53A2349, Revision 2, dated April 3, 2003; as the appropriate sources of 
service information for doing the actions required by that AD. Revision 
3 of the service bulletin retains the procedures from Revision 2, 
revises some airplane groups, and adds the repetitive inspections 
listed in the table titled ``New Service Bulletin Procedures.''

[[Page 24713]]



                                         New Service Bulletin Procedures
----------------------------------------------------------------------------------------------------------------
   Revision 3 of the service bulletin adds procedures for
repetitive detailed inspections for cracking of these areas      For airplanes identified as these groups in
            specified in the service bulletin--                      Revision 3 of the service bulletin--
----------------------------------------------------------------------------------------------------------------
Additional inspections in Area 1: Fuselage frames at body    1 through 7 inclusive.
 stations 260-520 in areas where the upper deck floor beams
 are attached (Figure 11 of the Accomplishments
 Instructions of the service bulletin).
Additional inspections in Area 6: Fuselage frames at body    6 and 7.
 stations 400-500 in areas above the Main Entry Door 1
 cutouts, from the upper chord of the upper deck floor
 beams to Stringer 8 (Figure 12 of the Accomplishment
 Instructions of the service bulletin).
----------------------------------------------------------------------------------------------------------------

    The service bulletin specifies that the compliance time for the 
inspections of additional areas is before 22,000 total flight cycles or 
within 1,000 flight cycles after the date on the service bulletin, 
whichever occurs later. The service bulletin also specifies repeating 
the inspections at intervals not to exceed 3,000 flight cycles. The 
service bulletin specifies to repair any crack or to contact Boeing for 
repair instructions.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2005-20-30 and would retain the requirements of the 
existing AD. This proposed AD would also require accomplishing the 
additional actions specified in Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2005-20-30. 
Since AD 2005-20-30 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD 2005-20-30               this proposed AD
------------------------------------------------------------------------
paragraph (f).............................  paragraph (g).
paragraph (g).............................  paragraph (h).
paragraph (h).............................  paragraph (i).
paragraph (i).............................  paragraph (j).
paragraph (j).............................  paragraph (k).
paragraph (k).............................  paragraph (l).
------------------------------------------------------------------------

Costs of Compliance

    There are about 209 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The average labor rate 
is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                     Cost per
                                                          Work     airplane, per  Number of U.S.-
                        Action                           hours      inspection      registered      Fleet cost
                                                                       cycle         airplanes
----------------------------------------------------------------------------------------------------------------
Inspections (required by AD 2005-20-30)..............        130         $10,400              69        $717,600
Additional inspections in Area 1 (new proposed                 6             480              69          33,120
 action).............................................
Additional inspections in Area 6 (new proposed                 1              80              69           5,520
 action).............................................
----------------------------------------------------------------------------------------------------------------

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 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 that the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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:

[[Page 24714]]

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 removing amendment 39-14327 (70 FR 
59252, October 12, 2005) and adding the following new AD:

Boeing: Docket No. FAA-2009-0477; Directorate Identifier 2008-NM-
191-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 10, 
2009.

Affected ADs

    (b) This AD supersedes AD 2005-20-30.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B 
SUD, 747-200B, 747-300, 747SP, and 747SR series airplanes; 
certificated in any category; identified in Boeing Service Bulletin 
747-53A2349, Revision 3, dated October 2, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from fatigue tests and analysis by Boeing 
that identified areas of the fuselage where fatigue cracks can 
occur. We are issuing this AD to prevent the loss of the structural 
integrity of the fuselage, which could result in rapid 
depressurization of the airplane.

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.

Restatement of Requirements of AD 2002-10-10

(Excluding Upper Deck Floor Beams)

Repetitive Inspections

    (g) Prior to the accumulation of 22,000 total flight cycles, or 
within 1,000 flight cycles after June 11, 1993 (the effective date 
of AD 93-08-12, amendment 39-8559, which was superseded by AD 2002-
10-10), whichever occurs later, unless accomplished previously 
within the last 2,000 flight cycles; and thereafter at intervals not 
to exceed 3,000 flight cycles: Perform an internal detailed 
inspection to detect cracks in the areas of the fuselage internal 
structure specified in paragraphs (g)(1) through (g)(6) of this AD; 
in accordance with Boeing Service Bulletin 747-53-2349, dated June 
27, 1991; Boeing Alert Service Bulletin 747-53A2349, Revision 1, 
dated October 12, 2000; Boeing Service Bulletin 747-53A2349, 
Revision 2, dated April 3, 2003; or Boeing Alert Service Bulletin 
747-53A2349, Revision 3, dated October 2, 2008. After the effective 
date of this AD, only Revision 3 of Boeing Alert Service Bulletin 
747-53A2349 may be used. Continue doing the inspections until the 
inspections required by paragraph (j) of this AD are done.
    (1) Section 42 upper lobe frames.
    (2) Section 46 lower lobe frames.
    (3) Section 42 lower lobe frames.
    (4) Main entry door cutouts.
    (5) Section 41 body station 260, 340, and 400 bulkheads.
    (6) Main entry doors.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (h) Prior to the accumulation of 25,000 total flight cycles, or 
within 1,000 flight cycles after June 11, 1993, whichever is later, 
unless already done within the last 2,000 flight cycles; and 
thereafter at intervals not to exceed 3,000 flight cycles: Do an 
internal detailed inspection to detect cracks in the Section 46 
upper lobe frames, in accordance with Boeing Service Bulletin 747-
53-2349, dated June 27, 1991; Boeing Alert Service Bulletin 747-
53A2349, Revision 1, dated October 12, 2000; Boeing Service Bulletin 
747-53A2349, Revision 2, dated April 3, 2003; or Boeing Alert 
Service Bulletin 747-53A2349, Revision 3, dated October 2, 2008. 
After the effective date of this AD, only Revision 3 of Boeing Alert 
Service Bulletin 747-53A2349 may be used.

Repair of Cracks Detected During Paragraph (g) or (h) Inspections

    (i) Before further flight, repair any cracks detected during the 
inspections done per paragraph (g) or (h) of this AD by doing the 
actions specified in paragraph (i)(1) or (i)(2) of this AD, as 
applicable.
    (1) Repair in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA; or using a method 
approved in accordance with paragraph (p) of this AD.
    (2) Repair in accordance with Boeing Service Bulletin 747-
53A2349, Revision 2, dated April 3, 2003; or Boeing Alert Service 
Bulletin 747-53A2349, Revision 3, dated October 2, 2008. After the 
effective date of this AD, only Revision 3 of Boeing Alert Service 
Bulletin 747-53A2349 may be used. Where either revision of the 
service bulletin specifies to contact Boeing for repair 
instructions, repair in accordance with a method approved by the 
Manager, Seattle ACO; or using a method approved in accordance with 
paragraph (p) of this AD.

Restatement of Requirements of AD 2005-20-30

Repetitive Inspections

    (j) Do an internal detailed inspection to detect cracking in the 
areas of the fuselage internal structure specified in paragraphs 
(j)(1), (j)(2), and (j)(3) of this AD, and internal and external 
detailed inspections of the areas specified in paragraphs (j)(4), 
(j)(5), (j)(6), and (j)(7) of this AD. Do the inspections in 
accordance with Boeing Service Bulletin 747-53A2349, Revision 2, 
dated April 3, 2003; or Boeing Alert Service Bulletin 747-53A2349, 
Revision 3, dated October 2, 2008. After the effective date of this 
AD, only Revision 3 of Boeing Alert Service Bulletin 747-53A2349 may 
be used. Do the inspections at the applicable time specified in 
paragraph (k) of this AD. Accomplishment of these inspections 
terminates the requirements of paragraph (g) of this AD.
    (1) Section 42 upper lobe frames.
    (2) Section 46 lower lobe frames.
    (3) Section 42 lower lobe frames.
    (4) Main entry door cutouts.
    (5) Nose wheel well bulkheads, sidewall panels, and Station 
(STA) 360 and 380 floor beams. These areas include Section 41 body 
station 260, 340, and 400 bulkheads.
    (6) Main entry doors.
    (7) Main electronics bay access door cutout.
    (k) Do the inspections required by paragraph (j) of this AD at 
the applicable time specified in paragraph (k)(1), (k)(2), or (k)(3) 
of this AD. Repeat the inspections thereafter at intervals not to 
exceed 3,000 flight cycles.
    (1) For airplanes on which the inspections required by 
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD 
have been done before November 16, 2005 (the effective date of AD 
2005-20-30), but the inspections required by paragraphs (j)(5) and 
(j)(7) of this AD have not been done: Within 3,000 flight cycles 
since accomplishment of the most recent inspection required by 
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD, 
except that the inspections specified in paragraphs (j)(5) and 
(j)(7) of this AD may be done within 3,000 flight cycles since 
accomplishment of the most recent inspection required by paragraphs 
(g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD, or within 
1,000 flight cycles after November 16, 2005, whichever is later.
    (2) For airplanes on which the inspections required by 
paragraphs (j)(5) and (j)(7) have been done before November 16, 
2005: Within 3,000 flight cycles since accomplishment of the most 
recent inspection required by paragraphs (j)(5) and (j)(7) of this 
AD, or within 1,000 flight cycles after November 16, 2005, whichever 
is later.
    (3) For airplanes on which the inspections required by paragraph 
(g) of this AD have not been done before November 16, 2005: Prior to 
the accumulation of 22,000 total flight cycles, or within 1,000 
flight cycles after November 16, 2005, whichever is later.

Repair of Cracks Detected During Paragraph (j) Inspection

    (l) Before further flight, repair any cracking found during any 
inspection required by paragraph (j) of this AD in accordance with 
Boeing Service Bulletin 747-53A2349, Revision 2, dated April 3, 
2003; or Boeing Alert Service Bulletin 747-53A2349, Revision 3, 
dated October 2, 2008. After the effective date of this AD, only 
Revision 3 of Boeing Alert Service Bulletin 747-53A2349 may be used. 
Where any revision of the service bulletin specifies to contact 
Boeing for repair instructions, repair in accordance

[[Page 24715]]

with a method approved by the Manager, Seattle ACO; or using a 
method approved in accordance with paragraph (p) of this AD.

New Requirements of This AD

Inspections and Repair

    (m) Do initial and repetitive detailed inspections for cracking 
in the areas specified in Table 1 of this AD using applicable 
internal and external detailed inspection methods; and repair all 
cracks, by doing all the applicable actions in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, except as required by 
paragraph (n) of this AD. Do the initial and repetitive inspections 
at the times specified in paragraph 1.E., ``Compliance,'' of the 
service bulletin, except as required by paragraph (o) of this AD. 
Repair all cracks before further flight after detection.

                     Table 1--Additional Inspections
------------------------------------------------------------------------
 Inspect the addition portion of area 1 and area       For airplanes
 6 as specified in Boeing Alert Service Bulletin    identified as these
 747-53A2349, Revision 3, dated October 2, 2008    groups in the service
          (``the service bulletin'')--                  bulletin--
------------------------------------------------------------------------
In Area 1: Fuselage frames at body stations 260-  1 through 7 inclusive.
 520 in areas where the upper deck floor beams
 are attached (Figure 11 of the Accomplishments
 Instructions of the service bulletin).
In Area 6: Fuselage frames at body stations 400-  6 and 7.
 500 in areas above the Main Entry Door 1
 cutouts, from the upper chord of the upper deck
 floor beams to Stringer 8 (Figure 12 of the
 Accomplishment Instructions of the service
 bulletin).
------------------------------------------------------------------------

Exceptions to Certain Procedures

    (n) If any crack is found during any inspection required by 
paragraph (m) of this AD, and Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, specifies to contact 
Boeing for appropriate action: Before further flight, repair the 
crack using a method approved in accordance with the procedures 
specified in paragraph (p) of this AD.
    (o) Where Boeing Alert Service Bulletin 747-53A2349, Revision 3, 
dated October 2, 2008, specifies a compliance time after the date on 
Boeing Alert Service Bulletin 747-53A2349, Revision 3, dated October 
2, 2008, this AD requires compliance within the specified compliance 
time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Seattle 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: Ivan Li, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6437; fax (425) 917-6590. Or, e-mail 
information to <a href="/cdn-cgi/l/email-protection#cef7e38f8083e39dabafbabaa2abe38f8d81e38f83818de39cabbfbbabbdbabd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="b0899df1fefd9de3d5d1c4c4dcd59df1f3ff9df1fdfff39de2d5c1c5d5c3c4c3f0d6d1d19ed7dfc6">[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) AMOCs approved previously in accordance with AD 2005-20-30 
are approved as AMOCs with the corresponding provisions of this AD.
    (4) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who 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 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-12111 Filed 5-22-09; 8:45 am]
BILLING CODE 4910-13-P


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