AD 2009-19-05

[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Rules and Regulations]
[Pages 48138-48141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-21922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0136; Directorate Identifier 2008-NM-171-AD; 
Amendment 39-16022; AD 2009-19-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 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 747 airplanes. This AD requires repetitive inspections for 
cracking of the fuselage frames in section 41, and corrective actions 
if necessary. This AD results from reports of cracking in fuselage 
frames made of 2024 aluminum alloy that were installed during previous 
modification of the frames in section 41 and during production. We are 
issuing this AD to detect and correct frame cracks, which could result 
in cracking of the adjacent fuselage skin and consequent rapid 
decompression of the airplane.

DATES: This AD is effective October 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 27, 
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#49242c672b262c2a2624092b262c20272e672a2624"><span class="__cf_email__" data-cfemail="dcb1b9f2beb3b9bfb3b19cbeb3b9b5b2bbf2bfb3b1">[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

[[Page 48139]]

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: 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:

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 747 airplanes. That NPRM was published in the 
Federal Register on February 23, 2009 (74 FR 8034). That NPRM proposed 
to require repetitive inspections for cracking of the fuselage frames 
in section 41, and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Requests To Delay or Withdraw NPRM

    Japan Airlines (JAL) asks that we delay issuing the AD until Boeing 
revises the referenced service information. JAL states that Boeing 
Alert Service Bulletin 747-53A2753, dated August 28, 2008, does not 
include access and restoration information for the frame structure 
inspection. JAL adds that without this information operators are caused 
an undue burden such as engineering costs and validation. JAL notes 
that it asked Boeing to develop access and restoration procedures and 
Boeing agreed to revise the service information to include those 
procedures.
    We do not agree to delay issuing the AD to wait for revised service 
information, nor has Boeing informed us of its intent to issue revised 
service information to include the procedures discussed by the 
commenter. We have determined that although Boeing Alert Service 
Bulletin 747-53A2753, dated August 28, 2008, does not include access 
information for the frame inspection, the majority of operators have 
their own acceptable access and closing procedures. Although this AD 
does not mandate a particular method of doing the access and closing 
procedures, operators can obtain those procedures directly from Boeing 
if necessary. We have not changed the AD in this regard.
    Northwest Airlines (NWA) would like the NPRM to be withdrawn. NWA 
states that, in view of the reported damage findings and service 
information specified in the preamble of the NPRM, there is no 
justification to support issuing an NPRM which covers a much broader 
area than where the crack damage was found. NWA states that the 
inspection for cracking of certain critical regions of the body section 
41 structure is also addressed in the supplemental structural 
inspection document (SSID) inspection program. NWA notes that the SSID 
inspection program is mandated in previously issued rulemaking and 
should be used to determine if mandated inspections of the entire body 
section 41 structure are necessary. NWA adds that additional 
justification is needed to support mandating those inspections.
    Although we understand NWA's concern, we do not agree to withdraw 
the NPRM. We have received several reports of significant cracking of 
certain fuselage frames in section 41; the cracked frames were found 
when the airplanes had accumulated relatively low flight cycles. As the 
fuselage frames on the airplanes affected by this AD are of similar 
type design, we have determined that all fuselage frames in section 41 
are susceptible to the same unsafe condition.
    We are aware that the Boeing Model 747 SSID inspection program, as 
mandated by AD 2004-07-22 R1, amendment 39-15326 (73 FR 1052, January 
7, 2008), requires repetitive inspections of the fuselage frames in 
section 41. However, analysis by the manufacturer shows that a 
repetitive inspection interval significantly reduced from the interval 
specified in the SSID inspection program is required to ensure safety. 
Rather than revising AD 2004-07-22 R1, which is complex and includes 
numerous inspections, we have determined that this new AD is 
appropriate and must be issued without further delay.

Request To Correct Paragraph Identifiers

    Boeing requests a correction to the paragraph identifiers specified 
in paragraph (g) of this AD--i.e., to specify paragraphs (h) and (i) 
instead of paragraphs (g) and (h).
    We agree with the Boeing comment. The paragraph identifiers were 
incorrectly identified in the NPRM; therefore, we have changed those 
identifiers in paragraph (g) of this AD accordingly.

Change to AD Preamble

    The Costs of Compliance paragraph has been revised to note that for 
certain airplanes, it may be necessary to accomplish more than one Part 
of Boeing Alert Service Bulletin 747-53A2732, dated August 28, 2008, 
depending on airplane configuration.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this proposed AD would affect 165 airplanes of 
U.S. registry. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. For airplanes on which 
Boeing Alert Service Bulletin 747-53A2732, dated August 28, 2008, must 
be done, accomplishment of more than one Part of the alert service 
bulletin may be required, depending on airplane configuration.

                                             Table--Estimated Costs
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                                                Average                          Number of
                                       Work      labor                             U.S-
            Inspection                hours     rate per    Cost per product    registered       Fleet cost
                                                  hour                           airplanes
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 747-         50        $80  Up to $4,000, per             94  Up to $376,000, per
 53A2732, Part 1.                                          inspection cycle.                 inspection cycle.

[[Page 48140]]

 
Boeing Alert Service Bulletin 747-        650         80  Up to $52,000, per            94  Up to $4,888,000,
 53A2732, Part 2.                                          inspection cycle.                 per inspection
                                                                                             cycle.
Boeing Alert Service Bulletin 747-          6         80  $480, per inspection          94  Up to $45,120, per
 53A2732, Part 3.                                          cycle.                            inspection cycle.
Boeing Alert Service Bulletin 747-         51         80  Up to $4,080, per             94  Up to $383,520, per
 53A2732, Part 4.                                          inspection cycle.                 inspection cycle.
Boeing Alert Service Bulletin 747-         11         80  Up to $880, per               94  Up to $82,720, per
 53A2732, Part 5.                                          inspection cycle.                 inspection cycle.
Boeing Alert Service Bulletin 747-         52         80  Up to $4,160, per             94  Up to $391,040, per
 53A2732, Part 6.                                          inspection cycle.                 inspection cycle.
Boeing Alert Service Bulletin 747-         13         80  Up to $1,040, per             94  Up to $97,760, per
 53A2732, Part 7.                                          inspection cycle.                 inspection cycle.
Boeing Alert Service Bulletin 747-         54         80  Up to $4,320, per             94  Up to $406,080, per
 53A2732, Part 8.                                          inspection cycle.                 inspection cycle.
Boeing Alert Service Bulletin 747-        244         80  Up to $19,520, per            71  Up to $1,385,920,
 53A2753.                                                  inspection cycle.                 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:

2009-19-05 Boeing: Amendment 39-16022. Docket No. FAA-2009-0136; 
Directorate Identifier 2008-NM-171-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 27, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747 airplanes, certificated 
in any category, as specified in paragraph (c)(1) or (c)(2) of this 
AD, as applicable.
    (1) Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes, as 
identified in Boeing Alert Service Bulletin 747-53A2732, dated 
August 28, 2008.
    (2) Boeing Model 747-400, 747-400D, and 747-400F series 
airplanes, as identified in Boeing Alert Service Bulletin 747-
53A2753, dated August 28, 2008.

Subject

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

Unsafe Condition

    (e) This AD results from reports of cracking in fuselage frames 
made of 2024 aluminum alloy that were installed during previous 
modification of the frames in section 41 and during production. We 
are issuing this AD to detect and correct frame cracks, which could 
result in cracking of the adjacent fuselage skin and consequent 
rapid decompression of the airplane.

Compliance

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

Repetitive Inspections and Corrective Actions

    (g) At the applicable compliance time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2732 
or 747-53A2753, both dated August 28, 2008, as applicable, do the 
detailed inspection for cracking of the fuselage frames in section 
41, and do all applicable corrective actions, by accomplishing all 
the actions specified in the Accomplishment Instructions of Boeing 
Alert Service Bulletin 747-53A2732 or 747-53A2753, both dated August 
28, 2008, as applicable; except as provided by paragraphs (h) and 
(i) of this AD. Repeat the inspection at intervals not to exceed 
those specified in paragraph 1.E. of Boeing Alert Service Bulletin 
747-53A2732 or 747-53A2753, both dated August 28, 2008, as 
applicable. If any crack is found, do all corrective actions before 
further flight.

    Note 1: As specified in Boeing Alert Service Bulletins 747-
53A2732 and 747-53A2753, both dated August 28, 2008, an optional 
special detailed inspection behind

[[Page 48141]]

the P14 and P15 electrical terminal panels using the borescope may 
be done.

    (h) Where Boeing Alert Service Bulletins 747-53A2732 and 747-
53A2753, both dated August 28, 2008, recommend an initial inspection 
threshold relative to the date on Boeing Alert Service Bulletins 
747-53A2732 and 747-53A2753, both dated August 28, 2008; this AD 
requires the initial inspection threshold relative to the effective 
date of this AD.
    (i) If any crack is found during any inspection required by this 
AD, and Boeing Alert Service Bulletins 747-53A2732 and 747-53A2753, 
both dated August 28, 2008, specify to contact Boeing for 
appropriate action: Before further flight, repair the cracking 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 (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 ACO, 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#497064080704641a2c283d3d252c64080a06640804060a641b2c383c2c3a3d3a092f2828672e263f"><span class="__cf_email__" data-cfemail="0c35214d4241215f696d78786069214d4f43214d41434f215e697d79697f787f4c6a6d6d226b637a">[email&#160;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 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

    (k) You must use Boeing Alert Service Bulletin 747-53A2732 dated 
August 28, 2008; or Boeing Alert Service Bulletin 747-53A2753, dated 
August 28, 2008; as applicable; 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#80ede5aee2efe5e3efedc0e2efe5e9eee7aee3efed"><span class="__cf_email__" data-cfemail="711c145f131e14121e1c31131e14181f165f121e1c">[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 September 1, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21922 Filed 9-21-09; 8:45 am]
BILLING CODE 4910-13-P