AD 2009-06-10

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12241-12243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-5957]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1103; Directorate Identifier 2008-NM-048-AD; 
Amendment 39-15846; AD 2009-06-10]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727-100 and 727-200 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 727-100 and 727-200 series airplanes. This AD requires 
repetitive internal and external high frequency eddy current, mid 
frequency eddy current, low frequency eddy current, and magneto optic 
imaging inspections to detect cracks, corrosion, delamination, and 
materials loss in the lower fastener row of the lower skin and the 
upper fastener row of the upper skin, and corrective actions if 
necessary. This AD results from a report of decompression in a Boeing 
Model 737 airplane at flight level 290. We are issuing this AD to 
detect and correct scratches and excessive reduction in material 
thickness from excessive blend-out or corrosion, which could lead to 
premature cracking in the lap joint. Such cracking could adversely 
affect the structural integrity of the airplane.

DATES: This AD is effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 28, 
2009.

ADDRESSES: 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; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail <a href="/cdn-cgi/l/email-protection#cca1a9e2aea3a9afa3a18caea3a9a5a2abe2afa3a1"><span class="__cf_email__" data-cfemail="5d3038733f32383e32301d3f323834333a733e3230">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 (telephone 800-647-5527) is the 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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6577; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 727-100 and 727-200 series airplanes. That NPRM 
was published in the Federal Register on October 17, 2008 (73 FR 
61747). That NPRM proposed to require repetitive internal and external 
high frequency eddy current, mid frequency eddy

[[Page 12242]]

current, low frequency eddy current, and magneto optic imaging 
inspections to detect cracks, corrosion, delamination, and materials 
loss in the lower fastener row of the lower skin and the upper fastener 
row of the upper skin, and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter, Boeing, 
supports the NPRM.

Clarification of Paragraph (f)(1) of This AD

    We have revised paragraph (f)(1) of this AD to clarify the 
exception to the compliance times in Boeing Alert Service Bulletin 727-
53A0223, dated March 28, 2002.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 73 airplanes of U.S. registry. We 
also estimate that it would take 56 work hours per product to comply 
with this AD. The average labor rate is $80 per work hour. Based on 
these figures, we estimate the cost of this AD to the U.S. operators to 
be $327,040, or $4,480 per product, 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

    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.
    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), 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.

Adoption of the Amendment

0
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 AD:

2009-06-10 Boeing: Amendment 39-15846. Docket No. FAA-2008-1103; 
Directorate Identifier 2008-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 28, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 727-100 and 727-200 series 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 727-53A0223, dated March 28, 2002.

Unsafe Condition

    (d) This AD results from a report of decompression in a Boeing 
Model 737 airplane at flight level 290. We are issuing this AD to 
detect and correct scratches and excessive reduction in material 
thickness from excessive blend-out or corrosion, which could lead to 
premature cracking in the lap joint. Such cracking could adversely 
affect the structural integrity of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Inspections and Corrective Actions

    (f) Except as provided by paragraphs (f)(1), (f)(2), and (f)(3) 
of this AD: At the applicable compliance times and repeat intervals 
listed in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 727-53A0223, dated March 28, 2002 (``the service 
bulletin''), do repetitive internal and external high frequency eddy 
current, mid frequency eddy current, low frequency eddy current, and 
magneto optic imaging inspections to detect cracks, corrosion, 
delamination, and materials loss in the lower fastener row of the 
lower skin and the upper fastener row of the upper skin, and 
corrective actions by accomplishing all the applicable actions 
specified in the Accomplishment Instructions of the service 
bulletin. The applicable corrective actions must be done before 
further flight.
    (1) Paragraph 1.E. of Boeing Alert Service Bulletin 727-53A0223, 
dated March 28, 2002, has the table column titled, ``Airplane Flight 
Cycles at time of SB release.'' While the service bulletin refers to 
the flight cycles accumulated on the airplane at the ``time of SB 
release,'' this AD specifies the flight cycles accumulated on the 
airplane ``as of the effective date of this AD.''
    (2) Where paragraph 1.E., ``Compliance,'' of the service 
bulletin specifies ``Initial Inspection Threshold From SB Rel Upper 
and Lower Skin,'' this AD requires compliance within the specified 
compliance times after the effective date of this AD.
    (3) Where paragraph 1.E., ``Compliance,'' of the service 
bulletin specifies ``Repeat every * * *,'' this AD requires 
compliance at intervals not to exceed the specified flight cycles or 
years.

No Reporting

    (g) Although Boeing Alert Service Bulletin 727-53A0223, dated 
March 28, 2002, specifies to submit information to the manufacturer, 
this AD does not include that requirement.

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: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6577; 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, in the FAA 
Flight Standards District Office (FSDO), or lacking a principal 
inspector, your local FSDO. The AMOC

[[Page 12243]]

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 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.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin 727-53A0223, 
dated March 28, 2002, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
<a href="/cdn-cgi/l/email-protection#28454d064a474d4b4745684a474d41464f064b4745"><span class="__cf_email__" data-cfemail="8de0e8a3efe2e8eee2e0cdefe2e8e4e3eaa3eee2e0">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-5957 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P