AD 2012-02-17

[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12170-12173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-4429]


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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; 
Amendment 39-16940; AD 2012-02-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Model 757 airplanes. This AD was prompted reports that several 
operators have found cracking in the front spar lower chord at the 
fastener locations common to the side link support fitting at wing 
station (WS) 292. This AD requires repetitive inspections for corrosion 
and cracking in this area, and corrective actions if necessary. We are 
issuing 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: This AD is effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 4, 
2012.

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; email <a href="/cdn-cgi/l/email-protection#eb868ec589848e888486ab89848e82858cc5888486"><span class="__cf_email__" data-cfemail="2c4149024e43494f43416c4e434945424b024f4341">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <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 (phone: 800-647-5527) is 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: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6440; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#0b656a65687225666a7978634b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="d9b7b8b7baa0f7b4b8abaab199bfb8b8f7beb6af">[email&#160;protected]</span></a>.

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 
the specified products. That NPRM published in the Federal Register on 
January 22, 2010 (75 FR 3660). That NPRM proposed to require repetitive 
inspections for corrosion and cracking in the front spar lower chord at 
the fastener locations common to the side link support fitting at wing 
station (WS) 292, and corrective actions if necessary.

Actions Since Issuance of NPRM (75 FR 3660, January 22, 2010)

    The NPRM (75 FR 3660, January 22, 2010) referred to Boeing Special 
Attention Service Bulletin 757-57-0065, dated May 14, 2009, as the 
appropriate source of service information for accomplishing the 
actions. Since issuance of the NPRM, Boeing has issued Special 
Attention Service Bulletin 757-57-0065, Revision 1, dated August 1, 
2011. No more work is necessary for airplanes on which the original 
issue was used to accomplish the actions. Certain procedures specified 
in Revision 1 of this service bulletin have been clarified to provide 
additional instructions.
    We have revised this AD to refer to Boeing Special Attention 
Service Bulletin 757-57-0065, Revision 1, dated August 1, 2011, as the 
appropriate source of service information for accomplishing the 
actions. In addition, we added a new paragraph (i) to this AD (and 
reidentified subsequent paragraphs accordingly) to give credit for 
using Boeing Special Attention Service Bulletin 757-57-0065, dated May 
14, 2009, for accomplishing the actions.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Supportive Comment

    Boeing concurred with the content of the NPRM (75 FR 3660, January 
22, 2010).

Request To Include Instructions for Airplanes With Unmodified 
Configurations at the Side Link Fitting

    FedEx stated that Figures 2 and 3 of the Boeing Special Attention 
Service Bulletin 757-57-0065, dated May 14, 2009, show a configuration 
of the airplane with the modification of the side link fitting 
accomplished. FedEx added that the procedures in that service 
information replace the side link

[[Page 12171]]

fitting and install additional fasteners attaching the fitting to the 
lower chord. FedEx noted that it is possible to perform the proposed 
inspections prior to incorporation of the service information; however, 
for airplanes on which the configuration may not match that provided in 
the service information, and on which the inspection has not been 
accomplished, the inspection steps provided may not match the 
configuration.
    We agree that Figures 2 and 3 of Boeing Special Attention Service 
Bulletin 757-57-0065, dated May 14, 2009, do not include diagrams of 
different configurations of the side link fitting for airplanes that 
may currently be in service. However, as specified under ``Actions 
Since Issuance of NPRM,'' (75 FR 3660, January 22, 2010) Boeing has 
issued Special Attention Service Bulletin 757-57-0065, Revision 1, 
dated August 1, 2011, which clarifies the steps in those figures. In 
addition, the number of fastener locations specified in the figures was 
incorrect and they now identify either three or four fastener 
locations; therefore, we have removed the number ``four'' preceding the 
phrase ``fastener locations'' throughout this AD.

Request To Include FAA-Approved Repair Data

    Continental Airlines (CAL) asked that the NPRM (75 FR 3660, January 
22, 2010) include a requirement that any repairs must be approved 
either by the aircraft certification office (ACO) or an FAA-authorized 
Boeing Organization Designation Authority (ODA) using data that meets 
the certification basis of the airplane. FedEx stated that if cracks 
and corrosion are found, the airplane must be repaired prior to further 
flight; however, the NPRM and the referenced service information do not 
give repair instructions. FedEx asked that repair instructions be 
included in or referred to in the proposed AD requirements. FedEx also 
noted that in the event of findings, Boeing must be contacted for a 
repair prior to further flight. CAL also stated that if any corrosion 
or cracking is found, it is required to submit damage data to Boeing 
and await disposition and proper approval before accomplishing the 
repair and releasing the airplane. CAL added that this has the 
possibility of grounding airplanes beyond an acceptable time for 
operational requirements while the repair parts are obtained.
    We agree that if repair data were available as part of the service 
information, it would allow a quicker return to service for airplanes 
on which damage is found during the inspections. However, at this time 
the repair data are not currently available; therefore, the data cannot 
be included in the AD. We have made no change to the AD in this regard.

Request To Include Repair and Corrosion Limitations

    CAL stated that the referenced service information does not include 
any specified limits for the repair, and added that corrosion 
limitations and related actions should be included for existing 
approved crack repairs. CAL noted that Boeing Special Attention Service 
Bulletin 757-57-0065, dated May 14, 2009, states that several repairs 
have been accomplished addressing crack lengths to 0.080 inch, and the 
service history table in the Background section of this service 
information lists six instances of cracking with pre-existing, pre-
approved repairs from Boeing. CAL added that all but one reported 
instance included oversizing of the discrepant holes and freeze plug 
installation. CAL believes that these existing repairs should be 
included either in the service information or the structural repair 
manual, and subsequently added as repair actions in the proposed AD 
prior to issuance.
    We do not agree that the corrosion limitations and related actions 
should be included in this AD for existing approved crack repairs. 
Boeing maintains information related to pre-existing, pre-approved 
repairs. We have delegated authority to make findings concerning 
repairs related to this AD to the Boeing Commercial Airplanes ODA. 
Under the provisions of paragraph (j) of this AD, we will consider 
requests to accept the use of standard repairs developed by Boeing or 
the operator if sufficient data are submitted to substantiate that the 
repair would provide an acceptable level of safety. We have made no 
change to the AD in this regard.

Request To Extend Compliance Time

    European Air Transport and DHL asked that we extend the interval 
for the repetitive inspections in the NPRM (75 FR 3660, January 22, 
2010) to the next 4C check or 12,000 flight cycles from the date of the 
referenced service information, whichever occurs first. These 
commenters stated that they are already performing the inspection at 
the next 4C check and at intervals of 12,000 flight cycles. These 
commenters added that the fuel tanks are only purged during a 4C check, 
which has an interval of 12,000 flight cycles, 24,000 flight hours, and 
72 months, whichever occurs first. The commenters noted that, if the 
proposed interval is maintained, the fuel tanks will need to be purged 
during a 1C or 2C check, and this will create additional downtime and 
costs for the inspection.
    We do not agree with the commenters' request. The repetitive 
inspection interval was determined using a damage tolerance analysis 
and is appropriate to adequately address the unsafe condition. Under 
the provisions of paragraph (j) of this AD, operators may request 
approval of an alternative method of compliance (AMOC) if sufficient 
data are submitted to substantiate that the request would provide an 
acceptable level of safety. We have not changed the AD in this regard.

Request To Supersede Related ADs

    FedEx asked that we supersede related 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). FedEx stated that the NPRM (75 
FR 3660, January 22, 2010) should be approved as ancillary inspections 
to these ADs. FedEx added that this would maintain current AD 
maintenance documents and prevent future misinterpretation of the AD 
modification and inspection requirements.
    We agree that the subject inspections are in the same area as the 
modifications required by AD 2003-18-05 (68 FR 53496, September 11, 
2003) and AD 2004-12-07 (69 FR 33561, June 16, 2004). We also agree 
that accomplishing the inspections required by this AD could be cited 
as related actions to the actions included in AD 2003-18-05 and AD 
2004-12-07. In the event that those ADs are superseded, this AD could 
be included as related rulemaking.
    The actions required by those ADs (mandating strut modifications) 
are complex and require compliance times which would not correlate with 
the compliance times in this AD. Therefore, we do not agree that this 
AD should supersede AD 2003-18-05 (68 FR 53496, September 11, 2003) and 
AD 2004-12-07 (69 FR 33561, June 16, 2004). We have not changed the AD 
in this regard.

Additional Change Made to This Final Rule

    We have revised the heading for and wording in paragraph (i) of 
this AD; this change has not changed the intent of that paragraph.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the

[[Page 12172]]

public interest require adopting the AD with the changes described 
previously--and minor editorial changes. We have determined that these 
minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (75 FR 3660, January 22, 2010) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (75 FR 3660, January 22, 2010).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM (75 FR 3660, January 22, 2010), we have 
increased the labor rate used in the Costs of Compliance from $80 per 
work-hour to $85 per work-hour. The Costs of Compliance information, 
below, reflects this increase in the specified labor rate.

Costs of Compliance

    We estimate that this AD affects 668 airplanes of U.S. registry. We 
also estimate that it will take about 6 work-hours per airplane to 
comply with this AD. The average labor rate is $85 per work-hour. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $340,680 per inspection cycle, or $510 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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2012-02-17 The Boeing Company: Amendment 39-16940; Docket No. FAA-
2010-0030; Directorate Identifier 2009-NM-135-AD.

(a) Effective Date

    This AD is effective April 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

    This AD results from reports of cracking at the front spar lower 
chord at the 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.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspect for Cracking and Corrosion

    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 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, Revision 1, dated August 1, 
2011. Where Boeing Special Attention Service Bulletin 757-57-0065, 
Revision 1, dated August 1, 2011, 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, Revision 1, dated August 1, 2011.
    (2) Within 12,000 flight cycles after doing the modification of 
the nacelle and wing structure specified in Boeing Service Bulletin 
757-54-0034 or Boeing Service Bulletin 757-54-0035.

(h) Corrective Action

    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 (j) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by this AD 
if those actions were performed before the effective date of this AD 
using Boeing Special Attention Service Bulletin 757-57-0065, dated 
May 14, 2009.

(j) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. Send information 
to ATTN: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., 
Renton, Washington 98057-3356; phone: 425-917-6440; fax: 425-917-
6590; email: <a href="/cdn-cgi/l/email-protection#fe909f909d87d0939f8c8d96be989f9fd0999188"><span class="__cf_email__" data-cfemail="315f505f52481f5c50434259715750501f565e47">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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

[[Page 12173]]

ACO, to make those findings. For a repair method to be approved, the 
repair must meet the certification basis of the airplane.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information
    (i) You must use Boeing Special Attention Service Bulletin 757-
57-0065, Revision 1, dated August 1, 2011; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email <a href="/cdn-cgi/l/email-protection#177a723975787274787a577578727e79703974787a"><span class="__cf_email__" data-cfemail="6a070f4408050f0905072a08050f03040d44090507">[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 98057-3356. For information on the availability of this 
material at the FAA, call 425-227-1221.
    (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 an NARA facility, 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 January 24, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-4429 Filed 2-28-12; 8:45 am]
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