[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Proposed Rules]               
[Page 54680-54682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-16]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 54680]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-279-AD]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 747 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Boeing Model 747 series 
airplanes. This proposal would require repetitive inspections of the 
nacelle strut-to-wing attachment structure, and repetitive overhaul of 
the diagonal brace and spring beam load paths, to maintain damage 
tolerance requirements and ensure long-term structural integrity; and 
follow-on and corrective actions if necessary. This action is necessary 
to ensure the structural integrity of the strut-to-wing load path and 
prevent separation of the strut and engine from the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by November 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-279-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-279-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-279-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-279-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Related Rulemaking

    This proposed AD is related to the following rulemaking actions, 
which require accomplishment of the actions in the concurrent service 
bulletins recommended in Boeing Alert Service Bulletin 747-54A2182, 
dated July 12, 2001:
    AD 95-13-06, amendment 39-9286 (60 FR 33338, June 28, 1995); 
correction to AD 95-13-06 (60 FR 37500, July 20, 1995). That AD 
references Boeing Alert Service Bulletin 747-54A2156, dated December 2, 
1994, for accomplishment of the specified actions. That AD is 
applicable to certain Boeing Model 747 series airplanes equipped with 
General Electric Model CF6-80C2 series engines or Pratt & Whitney Model 
PW4000 series engines, and requires modification of the nacelle strut 
and wing structure, inspections and checks to detect discrepancies, and 
correction of discrepancies.
    AD 95-13-05, amendment 39-9285 (60 FR 33333, June 28, 1995); 
correction to AD 95-13-05 (60 FR 35452, July 7, 1995). That AD 
references Boeing Alert Service Bulletin 747-54A2157, dated January 12, 
1995, for accomplishment of the specified actions. That AD is 
applicable to Boeing Model 747 series airplanes equipped with Rolls 
Royce Model RB211 series engines, and requires modification of the 
nacelle strut and wing structure, inspections and checks to detect 
discrepancies, and correction of discrepancies.
    AD 95-13-07, amendment 39-9287 (60 FR 33336, June 28, 1995). That 
AD references Boeing Alert Service Bulletin 747-54A2158, dated November 
23, 1994, for accomplishment of the specified actions. That AD is 
applicable to certain Boeing Model 747 series airplanes equipped with 
General Electric Model CF6-45/50 or Pratt &

[[Page 54681]]

Whitney Model JT9D-70 series engines, and requires modification of the 
nacelle strut and wing structure, inspections and checks to detect 
discrepancies, and correction of discrepancies.
    AD 95-10-16, amendment 39-9233 (60 FR 27008, May 22, 1995). That AD 
references Boeing Alert Service Bulletin 747-54A2159, dated November 3, 
1994, for accomplishment of the specified actions. That AD is 
applicable to Boeing Model 747 series airplanes equipped with Pratt & 
Whitney Model JT9D series engines (excluding Model JT9D-70 engines), 
and requires modification of the nacelle strut and wing structure, 
inspections and checks to detect discrepancies, and correction of 
discrepancies.

Actions Since Issuance of Previous Rulemaking

    Since issuance of the ADs specified previously, there have been 
equivalent production changes to airplanes having line numbers 1047 and 
subsequent. The strut and wing modifications required by those ADs, in 
addition to the equivalent production changes, increase the level of 
safety for damage tolerance and structural fail-safe capability of the 
new and modified structure. The actions specified in this proposed AD 
are intended to provide repetitive inspections and overhaul of the 
nacelle strut-to-wing attachment structure to maintain damage tolerance 
and ensure long-term structural integrity for all Model 747 series 
airplanes.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
747-54A2182, dated July 12, 2001, which describes procedures for 
repetitive baseline and supplemental inspections for discrepancies 
(including cracks, corrosion, or damage; and loose, missing, or broken 
fasteners) of the nacelle strut-to-wing attachment structure, and 
follow-on and corrective actions if necessary. The follow-on actions 
include a one-time visual inspection of all side link fuse pin 
installations to verify that the correct fuse pins are installed; a 
one-time detailed inspection of all strut-to-wing attachment joints to 
verify correct installation of hardware; and repetitive inspections, as 
applicable; and an inspection of the strut-to-wing attachment structure 
for damage and to verify structural integrity. The service bulletin 
recommends contacting the manufacturer if any damage is found or 
structural integrity of the strut-to-wing structure cannot be verified.
    The service bulletin also describes procedures for repetitive 
overhaul of the diagonal brace and spring beam load paths, and 
nondestructive testing of the fuse pin and secondary pin.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.
    The service bulletin also recommends prior accomplishment of Boeing 
Alert Service Bulletins 747-54A2156, 747-54A2157, 747-54A2158, and 747-
54A2159. Those service bulletins are referenced for accomplishment of 
the actions required by the related rulemaking described previously.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Difference Between Service Bulletin and This Proposed AD

    The service bulletin specifies that the manufacturer may be 
contacted for disposition of certain repair conditions; however, this 
proposed AD would require the repair of those conditions to be 
accomplished per a method approved by the FAA, or per data meeting the 
type certification basis of the airplane approved by a Boeing Company 
Designated Engineering Representative who has been authorized by the 
Manager, Seattle Aircraft Certification Office, to make such findings.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD; however, this AD 
identifies the office authorized to approve alternative methods of 
compliance.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 991 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 187 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 280 work hours per airplane to 
accomplish the repetitive baseline, supplemental, and fuse pin 
inspections at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the proposed inspections on U.S. 
operators is estimated to be $3,403,400, or $18,200 per airplane, per 
inspection cycle.
    It would take approximately 48 work hours per airplane to 
accomplish the repetitive overhaul of the diagonal brace at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the proposed overhaul on U.S. operators is estimated to be 
$583,440, or $3,120 per airplane, per overhaul.
    It would take approximately 40 work hours per airplane to 
accomplish the repetitive overhaul of the spring beam at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the proposed overhaul on U.S. operators is estimated to be 
$486,200, or $2,600 per airplane, per overhaul.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not

[[Page 54682]]

a ``significant rule'' under the DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979); and (3) if promulgated, 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. A copy of the draft regulatory evaluation prepared for 
this action is contained in the Rules Docket. A copy of it may be 
obtained by contacting the Rules Docket at the location provided under 
the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2001-NM-279-AD.

    Applicability: All Model 747 series airplanes, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure the structural integrity of the strut-to-wing load 
path and prevent separation of the strut and engine from the 
airplane, accomplish the following:

Compliance Times

    (a) Where the compliance times for the initial and repetitive 
baseline and supplemental inspections in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 747-54A2182, dated 
July 12, 2001, specify a compliance time interval calculated ``from 
the release of this service bulletin,'' this AD requires compliance 
within the interval specified in the service bulletin ``after the 
effective date of this AD.''

Inspections/Follow-on Actions

    (b) Do the initial and repetitive baseline and supplemental 
inspections of the nacelle strut-to-wing attachment structure for 
discrepancies (including cracks, corrosion, or damage; and loose, 
missing, or broken fasteners), and do the applicable follow-on 
actions; by doing all the actions in Part 1 through Part 9 of the 
Work Instructions of Boeing Alert Service Bulletin 747-54A2182, 
dated July 12, 2001. Do the inspections (including inspections for 
correct installation of hardware and part numbers) and follow-on 
actions at the applicable times specified in Figure 1 of the service 
bulletin.
    (c) Do the initial and repetitive overhauls of the diagonal 
brace and spring beam load paths by doing all the actions in Part 10 
and Part 11 of the Work Instructions of Boeing Alert Service 
Bulletin 747-54A2182, dated July 12, 2001. Do the initial and 
repetitive overhauls at the applicable times specified in Part 10 
and Part 11 of the service bulletin.
    (d) Do the initial and repetitive inspections of the fuse pins 
and secondary pins of the strut-to-wing attachment by doing all the 
actions in Part 12 of the Work Instructions of Boeing Alert Service 
Bulletin 747-54A2182, dated July 12, 2001. Do the inspections at the 
times specified in Part 12 of the service bulletin.

Corrective Actions

    (e) If any discrepancy is found during any inspection required 
by this AD: Before further flight, do all applicable corrective 
actions specified in Part 1 through Part 12 of the Work Instructions 
of Boeing Alert Service Bulletin 747-54A2182 dated July 12, 2001. Do 
the applicable corrective actions per the service bulletin. If the 
service bulletin specifies to contact the manufacturer for 
appropriate action: Before further flight, repair per a method 
approved by the Manager, Seattle Aircraft Certification Office 
(ACO), FAA, or per data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative (DER) who has been authorized by the Manager, Seattle 
ACO, to make such findings.

Alternative Methods of Compliance

    (f)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
ACO, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.
    (2) An AMOC that provides an acceptable level of safety may be 
used for a repair required by this AD, if it is approved by a Boeing 
Company DER who has been authorized by the Manager, Seattle ACO, to 
make such findings.

    Issued in Renton, Washington, on September 11, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23820 Filed 9-17-03; 8:45 am]

BILLING CODE 4910-13-P