AD 2013-19-15

[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60670-60673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-24029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0211; Directorate Identifier 2012-NM-230-AD; 
Amendment 39-17597; AD 2013-19-15]
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 certain 
The Boeing Company Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, and 747SR series airplanes. This AD was 
prompted by reports of cracking at the aft upper corner of the main 
entry door (MED) 5 cutout. This AD requires inspecting for the presence 
of repairs and measuring the edge margin at certain fastener locations 
around the upper aft corner of the door cutout, inspecting for any 
cracking of the fuselage skin assembly and bear strap in the aft upper 
corner area of the door cutout, and repairing or modifying the fuselage 
skin assembly and bear strap if necessary. We are issuing this AD to 
detect and correct cracking of the skin and bear straps at the aft 
upper corner of the MED 5 cutout, which could result in in-flight 
depressurization.

DATES: This final rule is effective November 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 6, 
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

[[Page 60671]]

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: Bill Ashforth, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-6432; 
fax: (425) 917-6590; email: <a href="/cdn-cgi/l/email-protection#1a78737676347b69727c75686e725a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="53313a3f3f7d32203b353c21273b133532327d343c25">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to the specified products. The 
NPRM published in the Federal Register on March 28, 2013 (78 FR 18917). 
The NPRM proposed to require inspecting for the presence of repairs and 
measuring the edge margin at certain fastener locations around the 
upper aft corner of the door cutout, inspecting for any cracking of the 
fuselage skin assembly and bear strap in the aft upper corner area of 
the door cutout, and repairing or modifying the fuselage skin assembly 
and bear strap if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 18917, March 28, 2013) and the FAA's response to each comment.

Request To Provide Clarification or Revision of Corrective Actions 
Phrase in Paragraph (g)(2) of the NPRM (78 FR 18917, March 28, 2013)

    UPS requested that the phrase ``applicable corrective or additional 
actions'' be used in place of ``applicable corrective actions'' in 
paragraph (g)(2) of the NPRM (78 FR 18917, March 28, 2013). UPS found 
the use of ``applicable corrective actions'' to be confusing in the 
case when no cracks are found during the inspection and stated the 
phrase could lead to problems with interpretation. UPS stated that for 
airplanes on which no cracks are found, Boeing Alert Service Bulletin 
747-53A2839, dated November 6, 2012, specifies the installation of a 
preventative modification, with the option of doing the repetitive 
inspections until installation of the preventative modification. UPS 
added that it is not intuitively clear that corrective action is 
required for the case where no cracks are found.
    We agree that clarification is necessary. We have revised the 
phrasing and paragraph structure of paragraph (g)(2) of this final rule 
to clarify what is required or acceptable in the case of no crack 
findings. However, we have not used the phrase ``applicable corrective 
or additional actions'' as suggested by UPS.

Request To Add Option To Do Certain Actions by Using Service 
Information

    Boeing requested that paragraph (g)(1) of the NPRM (78 FR 18917, 
March 28, 2013) be revised to refer to Boeing Alert Service Bulletin 
747-53A2839, dated November 6, 2012, for instructions instead of 
referencing the alternative method of compliance (AMOC) process. Boeing 
referred to similar language in the last sentence of paragraph (g)(2) 
of the NPRM and suggested adding that language to paragraph (g)(1) of 
the NPRM would clarify the required actions.
    We disagree. For the condition addressed by paragraph (g)(1) of 
this final rule, Boeing Alert Service Bulletin 747-53A2839, dated 
November 6, 2012, states to ``Do inspections or change the repair, as 
described by Boeing.'' To require operators to contact Boeing for these 
actions would be delegating our rulemaking authority to the 
manufacturer. Paragraph (h)(2) of this final rule also requires using 
the AMOC process instead where Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, specifies to contact Boeing. We have 
not changed this final rule in this regard.

Request To Approve an Alternate Generic Repair Scheme as an AMOC

    British Airways requested that an alternate generic repair scheme 
be approved as an AMOC to this final rule. British Airways stated that 
it is in favor of doing the detailed inspections for the presence of 
repairs and measuring the edge margin, as it has had several findings 
during the accomplishment of Boeing Alert Service Bulletin 747-53A2839, 
dated November 6, 2012. However, due to insufficient availability of 
the modification kit (due to the service bulletin validation process), 
Boeing had provided an alternate generic repair scheme to British 
Airways which allowed British Airways to manufacture certain repair 
parts. British Airways stated it has requested that Boeing include the 
alternate generic repair scheme in the next revision of Boeing Alert 
Service Bulletin 747-53A2839, dated November 6, 2012.
    We disagree. An AMOC is issued only after an AD has been issued and 
only after data are provided to show that the proposed solution is 
complete and addresses the unsafe condition. The alternate generic 
repair scheme that British Airways attached to its comment states that 
the ``repair is generic, and may need to be modified to account for the 
existing configuration and reported conditions.'' Therefore, each 
repair will need to be evaluated on a case-by-case basis. Once we issue 
this final rule, anyone may submit an AMOC request to use an alternate 
generic repair scheme under the provisions of paragraph (j) of this 
final rule. Sufficient data must be submitted to substantiate the 
generic repair and show that it would provide an acceptable level of 
safety. 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> [Agr]re consistent with the intent that was proposed in 
the NPRM (78 FR 18917, March 28, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 18917, March 28, 2013).
    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 246 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 60672]]



                                                 Estimated Costs
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                                                                                                Cost on U.S.
            Action                Labor cost         Parts cost         Cost per product          operators
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Inspect for repair and         1 work-hour x    None................  Up to $170..........  Up to $41,820.
 measure edge margin.           $85 per hour =
                                $85 per door
                                (up to 2 doors
                                per airplane).
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    We estimate the following costs to do any necessary repetitive 
inspections, repairs or modifications that would be required based on 
the results of the inspection. We have no way of determining the number 
of aircraft that might need these inspections, repairs or modification:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repetitive inspections of un-repaired  6 work-hours x $85 per   None...................  $510 per door, per
 area.                                  hour = $510 per door,                             inspection cycle.
                                        per inspection cycle.
Repair or modification...............  10 work-hours x $85 per  Between $7,654 and       Between $8,504 and
                                        hour = $850 per door.    $17,426 per door.        $18,276 per door.
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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):

2013-19-15 The Boeing Company: Amendment 39-17597; Docket No. FAA-
2013-0211; Directorate Identifier 2012-NM-230-AD.

(a) Effective Date

    This AD is effective November 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, -100B, -
100B SUD, -200B, -200C, -200F, -300, -400, -400D, -400F, and 747SR 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 747-53A2839, dated November 6, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking at the aft upper 
corner of the main entry door (MED) 5 cutout. We are issuing this AD 
to detect and correct cracking of the skin and bear straps at the 
aft upper corner of the MED 5 cutout, which could result in in-
flight depressurization.

(f) Compliance

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

(g) Inspections and Measurement

    Except as specified in paragraph (h)(1) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 747-53A2839, dated November 6, 2012: 
Do a detailed inspection for the presence of repairs at the aft 
upper corner of the MED 5 cutout, and measure the edge margin at 
certain fastener locations around the corner of the door cutout, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2839, dated November 6, 2012.
    (1) If a repair is found: Before further flight, inspect or 
change the repair, using a method approved in accordance with the 
procedures specified in paragraph (j) of this AD.
    (2) If no repair is found, except as specified in paragraph 
(h)(1) of this AD, at the applicable time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2839, 
dated November 6, 2012: Do detailed and high frequency eddy current 
(HFEC) inspections for any cracking of the fuselage skin assembly 
and bear strap in the aft upper corner area of the door cutout, as 
applicable, and do all applicable corrective actions, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 747-53A2839, dated November 6, 2012, except as required by 
paragraph (h)(2) of this AD. Do all applicable

[[Page 60673]]

corrective actions before further flight. If no cracking is found: 
Before further flight, install a preventative modification, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2839, dated November 6, 2012, except as 
required by paragraph (h)(2) of this AD.
    (i) Options provided in Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, for accomplishing the applicable 
corrective action are acceptable for the corresponding requirements 
of paragraph (g)(2) of this AD, provided that the inspections and 
preventative modification are done at the applicable times in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
747-53A2839, dated November 6, 2012.
    (ii) Options provided in Boeing Alert Service Bulletin 747-
53A2839, dated November 6, 2012, for accomplishing the preventative 
modification when no cracking is found are acceptable for the 
corresponding requirements of paragraph (g)(2) of this AD, provided 
that the inspections and preventative modification are done at the 
applicable times in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 747-53A2839, dated November 6, 2012.

(h) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 747-53A2839, dated 
November 6, 2012, specifies compliance times ``after the original 
issue date of this service bulletin,'' this AD requires compliance 
within the specified compliance times ``after the effective date of 
this AD.''
    (2) Where Boeing Alert Service Bulletin 747-53A2839, dated 
November 6, 2012, specifies to contact Boeing for appropriate 
action: Before further flight, do the action using a method approved 
in accordance with the procedures specified in paragraph (j) of this 
AD.

(i) Post-Repair/Post-Modification Inspections

    The post-repair or post-modification inspections specified in 
table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2839, dated November 6, 2012, are not required by 
this AD.

    Note 1 to paragraph (i) of this AD: The post-repair or post-
modification inspection specified in table 3 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2839, dated 
November 6, 2012, may be used in support of compliance with section 
121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation Regulations 
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The corresponding 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2839, dated November 6, 2012, are not 
required by this AD.

(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. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (k) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4d74600c0300601e282c39392128600c0e02600c00020e601f283c38283e393e0d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="98a1b5d9d6d5b5cbfdf9ececf4fdb5d9dbd7b5d9d5d7dbb5cafde9edfdebecebd8fef9f9b6fff7ee">[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.

(k) Related Information

    For more information about this AD, contact Bill Ashforth, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6432; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#a2c0cbcece8cc3d1cac4cdd0d6cae2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="32505b5e5e1c53415a545d40465a725453531c555d44">[email&#160;protected]</span></a>.

(l) 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) Boeing Alert Service Bulletin 747-53A2839, dated November 6, 
2012.
    (ii) Reserved.
    (3) 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>.
    (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 September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24029 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P