AD 2013-16-17

[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52419-52422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-19460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0931; Directorate Identifier 2011-NM-128-AD; 
Amendment 39-17555; AD 2013-16-17]
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 The 
Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, and 727-
200F series airplanes. This AD was prompted by a structural re-
evaluation by the manufacturer, which identified elements within the 
wing trailing edge flap area that qualify as structural significant 
items (SSIs). This AD requires revising the maintenance inspection 
program to include inspections that will give no less than the required 
damage tolerance rating (DTR) for certain SSIs, and repairing any 
cracked structure. We are issuing this AD to detect and correct fatigue 
cracking of the wing trailing edge structure, which could result in 
compromised structural integrity of the airplane.

DATES: This AD is effective September 27, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 27, 
2013.

ADDRESSES: 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; 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, WA. 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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6577; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#febc9b8c969f909bd0bf929f849f8cbe989f9fd0999188"><span class="__cf_email__" data-cfemail="551730273d343b307b1439342f3427153334347b323a23">[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 AD that would apply to the specified products. 
That NPRM published in the Federal Register on September 6, 2012 (77 FR 
54856). That NPRM proposed to require revising the maintenance 
inspection program to include inspections that will give no less than 
the required damage tolerance rating for certain SSIs, and repairing 
cracked structure.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 54856, September 6, 2012) and the FAA's response to each 
comment.

Request To Add Compliance Time Allowance

    Boeing requested that we add a compliance time allowance to 
paragraph (c)(2) of the NPRM (77 FR 54856, September 6, 2012) for the 
determination of the alternative inspection requirements for each SSI 
affected by a repair or alteration that prohibits the ability to 
accomplish the inspections required by paragraph (g) of the NPRM. 
Boeing requested that we add to paragraph (c) of this AD a compliance 
period of 12 months and associated language similar to that in 
paragraph (j) of AD 2008-11-03, Amendment 39-15525 (73 FR 29407, May 
21, 2008). Boeing justified its request by stating that the following 
ADs allow up to 12 months to determine the alternative inspection 
requirements should a repair or alteration prohibit the required 
inspection, and that including similar language in the NPRM will assist 
the operator.
    <bullet> Paragraph (e) of AD 98-11-03 Rl, Amendment 39-10983 (64 FR 
989, January 7, 1999).
    <bullet> Paragraph (j) of AD 2008-11-03, Amendment 39-15525 (73 FR 
29407, May 21, 2008).
    <bullet> Paragraph (i) of AD 2008-09-13, Amendment 39-15494 (73 FR 
24164, May 2, 2008).
    We partially agree with the commenter's request. We agree with 
adding an allowance similar to that requested by the commenter because 
operators might have existing repairs that affect the ability to 
accomplish the SSI inspections. We disagree with adding that allowance 
to paragraph (c)(2) of this AD. That paragraph is an applicability 
provision. We have added a new paragraph (h) to this AD to address SSIs 
that have been repaired or altered before the effective date of this AD 
such that the repair or design change affects the ability to accomplish 
the actions required by paragraph (g) of this AD. We have reidentified 
subsequent paragraphs accordingly.

Request To Add Repetitive Inspection Wording

    Boeing requested that we revise paragraph (g)(2) of the NPRM (77 FR 
54856, September 6, 2012) to add the following wording:

    Repeat the applicable inspection thereafter at the intervals 
necessary to obtain the required DTR specified in Boeing Document 
D6-48040-2, Supplemental Structural Inspection Document For Model 
727 Airplanes, Appendix A, dated December 2010.

    Boeing stated that the NPRM does not address the repetitive 
inspection requirements after the initial inspections are accomplished. 
Boeing requested the wording revision in order to maintain consistency 
with the wording contained in paragraph (i) of AD 2008-11-03, Amendment 
39-15525 (73 FR 29407, May 21, 2008); and paragraph (h) of AD 2008-09-
13, Amendment 39-15494 (73 FR 24164, May 2, 2008).
    We do not agree with the commenter's request because the repetitive 
inspection and methodology requirements are specified in the DTR forms 
of Boeing Document D6-48040-2, Supplemental Structural Inspection 
Document for Model 727 Airplanes, Appendix A, dated December 2010. By

[[Page 52420]]

requiring incorporation of inspections into the maintenance program 
that provide no less than the required DTR, we are ensuring that the 
appropriate repetitive inspections will be accomplished. We have not 
changed this final rule in this regard.

Request To Address Transferred Airplanes

    Boeing requested that we add a new section to the NPRM (77 FR 
54856, September 6, 2012) titled ``Inspection Program for Transferred 
Airplanes,'' and the associated language similar to that in paragraph 
(l) of AD 2008-11-03, Amendment 39-15525 (73 FR 29407, May 21, 2008); 
and paragraph (k) of AD 2008-09-13, Amendment 39-15494 (73 FR 24164, 
May 2, 2008); in order to maintain consistent language throughout these 
ADs.
    The AD paragraphs referenced by the commenter refer to the 
establishment of a maintenance program for accomplishing the required 
inspections before a transferred airplane can be added to an air 
carrier's operation. We disagree with the commenter's request because 
this is not necessary. This AD is a threshold-based program for all 
airplanes referenced in the AD applicability. This AD mandates a 
maintenance program, and new operators would be required to comply with 
paragraph (g) of this AD, which requires revising the maintenance 
program. Operators may request approval of an alternative method of 
compliance (AMOC) for transferred airplanes under the provisions of 
paragraph (k) of this AD. We have not changed this final rule in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this 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 (77 FR 54856, September 6, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 54856, September 6, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 206 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per    Cost on U.S.
                 Action                             Labor cost            Parts cost     product      operators
----------------------------------------------------------------------------------------------------------------
Revise maintenance program.............  1 work-hour x $85 per hour =            $0           $85       $17,510
                                          $85.
----------------------------------------------------------------------------------------------------------------

    Compliance with this AD is a method of compliance with the FAA 
aging airplane safety final rule (AASFR) (70 FR 5518, February 2, 2005) 
(<a href="http://www.faa.gov/aircraft/air_cert/design_approvals/transport/Aging_Aircraft/media/AgingAirplaneSafetyFinalRule.pdf">http://www.faa.gov/aircraft/air_cert/design_approvals/transport/Aging_Aircraft/media/AgingAirplaneSafetyFinalRule.pdf</a>) for certain 
baseline structure of Model 727, 727C, 727-100, 727-100C, 727-200, and 
727-200F series airplanes. The AASFR requires certain operators to 
incorporate damage tolerance inspections into their maintenance 
inspection programs. These requirements are described in paragraph 
(c)(1) of section 121.1109 of the Federal Aviation Regulations (14 CFR 
121.1109 (c)(1)) and paragraph (b)(1) of section 129.109 of the Federal 
Aviation Regulations (14 CFR 129.109(b)(1)). Accomplishment of the 
actions required by this AD will meet the requirements of these 
regulations for certain baseline structure. The costs for accomplishing 
the inspection portion of this AD were accounted for in the regulatory 
evaluation of the AASFR.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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):

2013-16-17 The Boeing Company: Amendment 39-17555 ; Docket No.

[[Page 52421]]

FAA-2012-0931; Directorate Identifier 2011-NM-128-AD.

(a) Effective Date

    This AD is effective September 27, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 727, 727C, 
727-100, 727-100C, 727-200, and 727-200F series airplanes, 
certificated in any category.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections, methods, and 
compliance times). Compliance with these actions is required by 14 
CFR 91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by these inspections, 
the operator may not be able to accomplish the inspections described 
in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative 
method of compliance (AMOC) according to paragraph (k) of this AD. 
The request should include a description of changes to the required 
actions that will ensure the continued operational safety of the 
airplane.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a structural re-evaluation by the 
manufacturer, which identified elements within the wing trailing 
edge flap area that qualify as structural significant items (SSI). 
We are issuing this AD to detect and correct fatigue cracking of the 
wing trailing edge structure, which could result in compromised 
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance Program Revision

    (1) Before the accumulation of 55,000 total flight cycles, or 
within 12 months after the effective date of this AD, whichever 
occurs later: Revise the maintenance program to incorporate 
inspections that provide no less than the required damage tolerance 
rating (DTR) for each SSI listed in Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010. The required DTR value for each SSI 
is identified in Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010. The revision to the maintenance inspection program 
must include and must be implemented in accordance with the 
procedures in Section 3.0, ``Flap and Support Structure (Flap 
Structure) SSI Information,'' of Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010; and in accordance with the 
procedures in Section 5.0, ``Damage Tolerance Rating (DTR) System 
Application,'' and Section 6.0, ``SSI Discrepancy Reporting,'' of 
Boeing Document D6-48040-1, Supplemental Structural Inspection 
Document (SSID), Volume 1, Revision H, dated June 1994.
    (2) The initial compliance time for the inspections is before 
the accumulation of 55,000 total flight cycles, or within 3,000 
flight cycles after 12 months from the effective date of this AD, 
whichever occurs later.

(h) Actions for SSI Items Repaired or Altered Before the Effective Date 
of This AD

    For any SSI that has been repaired or altered before the 
effective date of this AD such that the repair or design change 
affects the ability to accomplish the actions required by paragraph 
(g) of this AD: Before further flight, obtain FAA approval of an 
alternate inspection, in accordance with the procedures specified in 
paragraph (k) of this AD, or do the actions specified in paragraphs 
(h)(1) and (h)(2) of this AD as an approved method of compliance for 
the requirements of paragraph (g) of this AD.
    (1) At the initial compliance time specified in paragraph (g) of 
this AD, identify each repair or design change to that SSI.
    (2) Within 12 months after the identification of a repair or 
design change required by paragraph (h)(1) of this AD, assess the 
damage tolerance characteristics of each SSI affected by each repair 
or design change to determine the effectiveness of the applicable 
SSID inspection for that SSI and, if not effective, incorporate a 
revision into the maintenance inspection program to include a 
damage-tolerance-based alternative inspection program for each 
affected SSI. Thereafter, inspect the affected structure in 
accordance with the alternative inspection program. The inspection 
method and compliance times (i.e., threshold and repetitive 
intervals) of the alternative inspection program must be approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Repair

    If any cracked structure is found during any inspection 
specified in Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010, before further flight, repair the cracked structure 
using a method approved in accordance with the procedures specified 
in paragraph (k) of this AD.

(j) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used other than those specified in Boeing Document D6-48040-2, 
Supplemental Structural Inspection Document For Model 727 Airplanes, 
Appendix A, dated December 2010, unless the actions or intervals are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (k) of this AD.

(k) 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. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4e77630f0003631d2b2f3a3a222b630f0d01630f03010d631c2b3f3b2b3d3a3d0e282f2f60292138"><span class="__cf_email__" data-cfemail="5e67731f1013730d3b3f2a2a323b731f1d11731f13111d730c3b2f2b3b2d2a2d1e383f3f70393128">[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 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.

(l) Related Information

    For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6577; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#c684a3b4aea7a8a3e887aaa7bca7b486a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="a2e0c7d0cac3ccc78ce3cec3d8c3d0e2c4c3c38cc5cdd4">[email&#160;protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Section 5.0, ``Damage Tolerance Rating (DTR) System 
Application,'' of Boeing Document D6-48040-1, Supplemental 
Structural Inspection Document for Model 727 Airplanes, Volume 1, 
Revision H, dated June 1994. The revision date of this document is 
identified on only the title page of this document.
    (ii) Section 6.0, ``SSI Discrepancy Reporting,'' of Boeing 
Document D6-48040-1, Supplemental Structural Inspection Document for 
Model 727 Airplanes, Volume 1, Revision H, dated June 1994. The 
revision date of this document is identified on only the title page 
of this document.
    (iii) Boeing Document D6-48040-2, Supplemental Structural 
Inspection Document For Model 727 Airplanes, Appendix A, dated 
December 2010. The date appears only on the title page of this 
document.
    (3) For Boeing 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

[[Page 52422]]

206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on August 1, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19460 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-13-P