AD 2013-23-16

[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70211-70214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-27843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0334; Directorate Identifier 2013-NM-027-AD; 
Amendment 39-17671; AD 2013-23-16]
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 757 airplanes. This AD was prompted by a report of 
a broken forward support fitting at the inboard track of the inboard 
flap. This AD requires repetitive inspections of the forward support 
fitting assemblies of the inboard track of the left and right inboard 
flaps for cracking, and corrective actions if necessary. We are issuing 
this AD to detect and correct cracking of the forward support fitting 
assembly, which could result in loss of inboard flap control and 
subsequent loss of airplane control.

DATES: This AD is effective December 30, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
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 view this 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

[[Page 70212]]

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, WA 98057-3356; phone: (425) 917-6440; 
fax: (425) 917-6590; email: <a href="/cdn-cgi/l/email-protection#46282728253f682b2734352e0620272768212930"><span class="__cf_email__" data-cfemail="98f6f9f6fbe1b6f5f9eaebf0d8fef9f9b6fff7ee">[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 April 22, 2013 (78 FR 23694). 
The NPRM proposed to require repetitive inspections of the forward 
support fitting assemblies of the inboard track of the left and right 
inboard flaps for cracking, and corrective actions 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 23964, April 22, 2013) and the FAA's response to each comment.

Supportive Comment

    Boeing stated that it concurs with the NPRM (78 FR 23964, April 22, 
2013).

Request To Provide Justification for AD Action

    FedEx requested further data and justification for this AD action. 
FedEx stated that it expected a single data point (i.e., the one 
failure of a forward support fitting assembly) would represent an 
anomaly. FedEx asked if a root cause analysis was done to determine 
whether the single failure was an anomaly induced during manufacture or 
operator maintenance before proceeding with service information and 
NPRM development.
    We find that clarification is necessary. Boeing Special Attention 
Service Bulletin 757-57-0071, dated September 12, 2012, states that the 
cracking occurred at a compound radius in the part. This design detail, 
which occurs on each part having the part number identified in that 
service bulletin, has been identified as an area of high stress 
concentration and a likely location for fatigue cracking to initiate at 
a relatively low number of flight cycles. The airplane event, as 
detailed in that service bulletin, occurred at 22,328 flight cycles and 
both components of the forward support fitting assembly were found to 
be completely cracked through. Therefore, the occurrence of cracking in 
this part at this location is likely to occur on other airplanes, and 
cannot be considered an anomaly. Since these cracked fittings result in 
an unsafe condition and we determined that this unsafe condition is 
likely to exist or develop in other products of the same type design, 
we determined that this AD rulemaking is necessary. We have not changed 
this final rule in this regard.

Request for Procedures To Apply a Chemical Conversion Coating

    American Airlines (AAL) recommended that a step be added between 
steps 10 and 11 in sheet 3 of 6 of the Forward Support Fitting Assembly 
Replacement figures of Boeing Special Attention Service Bulletin 757-
57-0071, dated September 12, 2012. The additional step would specify 
applying a chemical conversion coating after match drilling holes as 
part of the fitting assembly replacement process. AAL noted that in the 
Material Information of Boeing Special Attention Service Bulletin 757-
57-0071, dated September 12, 2012, chemical conversion coating is 
identified in the parts lists, but the Accomplishment Instructions 
section of that service bulletin omits the coating.
    We agree that Boeing Special Attention Service Bulletin 757-57-
0071, dated September 12, 2012, does not specify applying a chemical 
conversion coating after match drilling holes. Boeing specified that 
the installation of the fasteners with sealant, as specified in the 
instructions in the service information, provides corrosion protection 
at the fastener locations and that application of the chemical 
conversion coating is not required. Once we issue this AD, any person 
may request approval of an alternative method of compliance (AMOC) to 
apply alternative corrosion protection coatings under the provisions of 
paragraph (i) of this final rule. We have not changed this final rule 
in this regard.

Request To Delay AD To Address Parts Availability

    AAL requested that the FAA ensure ample parts availability before 
releasing the AD. AAL stated that there is a lead time of 160 days for 
the fitting assembly and suggested that the NPRM (78 FR 23964, April 
22, 2013) be revised to allow for manufacture of parts and provide 
material specifications and part dimensions. FedEx stated that about 
seven fitting assemblies are due to be in stock in July 2013.
    We disagree to revise or delay this final rule. In developing this 
final rule, we coordinated with the manufacturer an appropriate 
compliance time to address the unsafe condition in a timely manner and 
take parts availability into consideration. 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 as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 23964, April 22, 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 23964, April 22, 2013).

Costs of Compliance

    We estimate that this AD affects 690 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
High-frequency eddy current       11 work-hours x     None..............  $935, per           $645,150, per
 inspection.                       $85 per hour =                          inspection cycle.   inspection cycle.
                                   $935, per
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need this 
replacement:

[[Page 70213]]



                                               On-Condition Costs
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                 Action                          Labor cost             Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement............................  7 work-hours x $85 per             $10,000   $10,595, per assembly.
                                          hour = $595, per assembly.
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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):

2013-23-16 The Boeing Company: Amendment 39-17671; Docket No. FAA-
2013-0334; Directorate Identifier 2013-NM-027-AD.

(a) Effective Date

    This AD is effective December 30, 2013.

(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

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 5753, Trailing edge flaps.

(e) Unsafe Condition

    This AD was prompted by a report of a broken forward support 
fitting at the inboard track of the inboard flap. We are issuing 
this AD to detect and correct cracking of the forward support 
fitting assembly, which could result in loss of inboard flap control 
and subsequent loss of airplane control.

(f) Compliance

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

(g) Inspection and Corrective Action

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-57-0071, dated 
September 12, 2012: Do a high frequency eddy current (HFEC) 
inspection for cracking in the forward support fitting assemblies of 
the inboard track of the left and right inboard flaps, and do all 
applicable corrective actions, in accordance with paragraph 3.B.2. 
of the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 757-57-0071, dated September 12, 2012. Do all 
applicable corrective actions before further flight. Thereafter, 
repeat the inspections at intervals not to exceed 6,000 flight 
cycles, except as required by paragraphs (g)(1) and (g)(2) of this 
AD.
    (1) For Group 1 airplanes, as identified in Boeing Special 
Attention Service Bulletin 757-57-0071, dated September 12, 2012, on 
which any forward support fitting assembly is replaced: Do the next 
inspection before 15,000 flight cycles have accumulated on that 
assembly.
    (2) For Group 2 airplanes, as identified in Boeing Special 
Attention Service Bulletin 757-57-0071, dated September 12, 2012, on 
which any forward support fitting assembly is replaced: Do the next 
inspection before 18,000 flight cycles have accumulated on that 
assembly.

(h) Exceptions to the Service Information

    (1) Where Boeing Special Attention Service Bulletin 757-57-0071, 
dated September 12, 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) Paragraphs 3.B.1. and 3.B.3. of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-57-
0071, dated September 12, 2012, are not required by this AD.

(i) 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 (j) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#556c78141b1878063034212139307814161a7814181a16780730242030262126153334347b323a23"><span class="__cf_email__" data-cfemail="31081c707f7c1c62545045455d541c70727e1c707c7e721c6354404454424542715750501f565e47">[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.

(j) Related Information

    For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6440; fax: (425) 917-6590; email: 
<a href="/cdn-cgi/l/email-protection#4e202f202d3760232f3c3d260e282f2f60292138"><span class="__cf_email__" data-cfemail="bdd3dcd3dec493d0dccfced5fddbdcdc93dad2cb">[email&#160;protected]</span></a>.

[[Page 70214]]

(k) 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 Special Attention Service Bulletin 757-57-0071, dated 
September 12, 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 Ave 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 November 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-27843 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P