AD 2013-22-06

[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65166-65169]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-25307]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0625; Directorate Identifier 2013-NM-013-AD; 
Amendment 39-17638; AD 2013-22-06]
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 superseding Airworthiness Directive (AD) 94-13-06 for 
certain The Boeing Company Model 747 series airplanes. AD 94-13-06 
required repetitive detailed inspections to detect cracking in certain 
fuselage upper deck tension ties, repair or modification of any cracked 
tension ties, and repetitive inspections of repaired and modified 
tension ties and repair or modification if necessary. AD 94-13-06 also 
provided for optional terminating action for the repetitive detailed 
inspections of tension ties that had not been repaired or modified. 
This new AD retains the repetitive inspections, mandates the previously 
optional terminating modification, and adds, for tension ties that have 
not been repaired or modified, repetitive inspections that must be done 
concurrently with the existing repetitive inspections. This AD was 
prompted by an evaluation by the design approval holder indicating that 
the upper deck tension ties of the fuselage are subject to widespread 
fatigue damage. We are issuing this AD to prevent widespread fatigue 
damage of certain fuselage upper deck tension ties, which could result 
in reduced structural integrity of the airplane.

DATES: This AD is effective December 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 5, 
2013.

ADDRESSES: For service information identified in this AD, contact, 
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 view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Ave. SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221.

[[Page 65167]]

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: Nathan Weigand, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6428; fax: (425) 917-6590; email: <a href="/cdn-cgi/l/email-protection#b6d8d7c2ded7d898c698c1d3dfd1d7d8d2f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="2c424d58444d42025c025b49454b4d42486c4a4d4d024b435a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 94-13-06, Amendment 39-8946 (59 FR 32879, June 
27, 1994). AD 94-13-06 applied to the specified products. The NPRM 
published in the Federal Register on July 22, 2013 (78 FR 43839). The 
NPRM proposed to continue to require repetitive detailed inspections to 
detect cracking in certain fuselage upper deck tension ties, repair or 
modification of any cracked tension ties, and repetitive inspections of 
repaired and modified tension ties and repair or modification if 
necessary. The NPRM also proposed to mandate the previously optional 
terminating modification, and add, for tension ties that have not been 
repaired or modified, repetitive inspections that must be done 
concurrently with the existing repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. Boeing supported the 
NPRM (78 FR 43839, July 22, 2013).

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 113 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed inspections [retained     5 work-hours x $85               $0  $425 per inspection  $48,025 per
 action from AD 94-13-06,           per hour = $425.                     cycle.               inspection cycle.
 Amendment 39-8946 (59 FR 32879,
 June 27, 1994)].
Post-mod/repair inspections [new   1 work-hour x $85                 0  $85................  $9,605.
 proposed action].                  per hour = $85.
Modification [new proposed         Up to 112                         0  Up to $9,520.......  Up to $1,075,760.
 action].                           work[dash]hours x
                                    $85 per hour = up
                                    to $9,520.
----------------------------------------------------------------------------------------------------------------

    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

    We have determined that 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 removing Airworthiness Directive (AD) 
94-13-06, Amendment 39-8946 (59 FR 32879, June 27, 1994), and adding 
the following new AD:

2013-22-06 The Boeing Company: Amendment 39-17638; Docket No. FAA-
2013-0625; Directorate Identifier 2013-NM-013-AD.

(a) Effective Date

    This AD is effective December 5, 2013.

(b) Affected ADs

    This AD supersedes AD 94-13-06, Amendment 39-8946 (59 FR 32879, 
June 27, 1994).

[[Page 65168]]

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-200B, 
and 747-200F series airplanes, certificated in any category, as 
listed in Boeing Alert Service Bulletin 747-53A2371, Revision 2, 
dated December 11, 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 an evaluation by the design approval 
holder indicating that the upper deck tension ties of the fuselage 
are subject to widespread fatigue damage. We are issuing this AD to 
prevent widespread fatigue damage of certain fuselage upper deck 
tension ties, which could result in reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Inspections and Repair/Modification

    Except as required by paragraph (k)(3) of this AD, at the 
applicable time specified in Tables 1 and 3 of paragraph 1.E., 
``Compliance'' of Boeing Alert Service Bulletin 747-53A2371, 
Revision 2, dated December 11, 2012: Do detailed and surface high 
frequency eddy current (HFEC) inspections for cracks in the tension 
ties, as applicable, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2371, Revision 2, dated December 11, 2012, 
except as required by paragraph (k)(2) of this AD. The effective 
date of AD 94-13-06, Amendment 39-8946 (59 FR 32879, June 27, 1994) 
is July 27, 1994. Do all applicable corrective actions before 
further flight. Repeat the detailed and HFEC inspections thereafter 
at the time specified in paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 747-53A2371, Revision 2, dated December 11, 
2012, except as specified in paragraph (k)(1) of this AD. Repair of 
a tension tie, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-53A2371, Revision 2, dated 
December 11, 2012, except as required by paragraph (k)(2) of this 
AD, terminates the requirements of this paragraph for that tension 
tie only.

(h) Modification

    Except as provided by paragraph (k)(3) of this AD, at the 
applicable time specified in Table 3 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371, 
Revision 2, dated December 11, 2012: Modify the tension ties, 
including doing an open-hole HFEC inspection for cracks before 
enlarging the hole, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-53A2371, Revision 
2, dated December 11, 2012. Modification of the tension ties 
terminates the requirements of paragraph (g) of this AD. If any 
cracking is found, before further flight, do the repair using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.

(i) Post-Repair/Modification Inspections

    At the applicable time specified in Table 2 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371, 
Revision 2, dated December 11, 2012: Do a detailed inspection of all 
repaired and modified tension ties, and do all applicable corrective 
actions, except as required by paragraph (k)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2371, Revision 2, dated December 11, 2012, 
except as required by paragraph (k)(2) of this AD. Repeat the 
inspection thereafter at the times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371, 
Revision 2, dated December 11, 2012. Do all applicable corrective 
actions before further flight.

(j) Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraphs (g) and (h) of this AD if that modification was done 
before the effective date of this AD using Boeing Service Bulletin 
747-53-2371, dated July 29, 1993; or Boeing Service Bulletin 747-53-
2371, Revision 1, dated April 27, 1995; which are not incorporated 
by reference in this AD. Boeing Service Bulletin 747-53-2371, dated 
July 29, 1993, was incorporated by reference in AD 94-13-06, 
Amendment 39-8946 (59 FR 32879, June 27, 1994).

(k) Exception to Service Information

    (1) Where Row 2 of Table 3 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 747-53A2371, Revision 2, dated 
December 11, 2012, specifies repeating a ``detailed'' inspection, 
``as given in Part 4'' of this service information, the repetitive 
inspections required by this AD are ``HFEC'' inspections, done in 
accordance with Part 4 and Figure 8 of Boeing Alert Service Bulletin 
747-53A2371, Revision 2, dated December 11, 2012.
    (2) Where Boeing Alert Service Bulletin 747-53A2371, Revision 2, 
dated December 11, 2012, specifies contacting Boeing for repair 
instructions, or does not include repair instructions for a crack 
found in an area other than the aft tension tie area: Before further 
flight, do the repair using a method approved in accordance with the 
procedures specified in paragraph (l) of this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2371, Revision 2, 
dated December 11, 2012, specifies a compliance time of ``after the 
Revision 2 date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 (m)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#80b9adc1cecdadd3e5e1f4f4ece5adc1c3cfadc1cdcfc3add2e5f1f5e5f3f4f3c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="7c45513d3231512f191d08081019513d3f33513d31333f512e190d09190f080f3c1a1d1d521b130a">[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 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.
    (4) AMOCs approved for AD 94-13-06, Amendment 39-8946 (59 FR 
32879, June 27, 1994), are approved as AMOCs for the corresponding 
actions required by paragraphs (g), (h), and (i) of this AD.

(m) Related Information

    (1) For more information about this AD, contact Nathan Weigand, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: (425) 917-6428; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#eb858a9f838a85c59bc59c8e828c8a858fab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="0e606f7a666f60207e20796b67696f606a4e686f6f20696178">[email&#160;protected]</span></a>.
    (2) Service information in this AD that is not incorporated by 
reference may be obtained at the addresses specified in paragraphs 
(n)(3) and (n)(4) of this AD.

(n) 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 747-53A2371, Revision 2, dated 
December 11, 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, Washington. 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>.


[[Page 65169]]


    Issued in Renton, Washington, on October 15, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-25307 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P