[Federal Register: September 22, 2003 (Volume 68, Number 183)]
[Rules and Regulations]
[Page 54990-54992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-324-AD; Amendment 39-13311; AD 2003-19-08]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 747 series airplanes, that requires
repetitive inspections for discrepancies of certain areas of the
forward and aft sides of the body station 2598 bulkhead, and repair if
necessary. This action is necessary to find and fix such discrepancies
of the bulkhead structure, which could result in failure of the
structure to carry flight loads of the horizontal stabilizer, and
consequent loss of controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Effective October 27, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 27, 2003.
ADDRESSES: The service information referenced in this AD 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, Rules Docket, 1601 Lind Avenue, SW.,
Renton, Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Rick Kawaguchi, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6434; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD)
[[Page 54991]]
that is applicable to certain Boeing Model 747 series airplanes was
published in the Federal Register on April 17, 2003 (68 FR 18908). That
action proposed to require repetitive inspections for discrepancies of
certain areas of the forward and aft sides of the body station 2598
bulkhead, and repair if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Agreement with the Notice of Proposed Rulemaking (NPRM)
One commenter states that it agrees with the NPRM and has no
further comments.
Request To Specify Approval of Certain Previous Repairs
One commenter requests that additional verbiage be added to
paragraph (b) of the NPRM stating that FAA 8110-3 forms that were
approved before the issuance of the final rule by a Boeing Company
Designated Engineering Representative (DER) who has been authorized by
the Manager, Seattle Aircraft Certification Office (ACO) to make such
findings, meet the requirements of paragraph (b). The commenter states
that it is unnecessary for additional approval to be required for such
FAA 8110-3 forms. The commenter notes that the NPRM, as written, would
require the operator to resubmit the FAA Form 8110-3 forms for FAA
approval, simply because there was no way for a Boeing DER to reference
a final rule that has not been issued yet. The commenter points out
that previously approved repair and follow-on inspections are no
different than the actions specified in the NPRM for the repair and
follow-on inspections.
The FAA does not agree. We have determined that such repairs
previously approved may not automatically be considered to be approved
as alternate methods of compliance (AMOC) for the requirements of this
final rule. We, or one of our authorized Boeing DERs, must make a
separate determination to confirm that any existing repairs and/or
follow-on inspections provide for an acceptable AMOC with the final
rule. Such requests for AMOCs should be made in accordance with
paragraph (c) of this final rule. No change is necessary to the final
rule in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Changes to 14 CFR part 39/Effect on the 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. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
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 1,147 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 280 airplanes of U.S.
registry will be affected by this AD, that it will take approximately 4
work hours per airplane to accomplish the required actions, and that
the average labor rate is $65 per work hour. Based on these figures,
the cost impact of the AD on U.S. operators is estimated to be $72,800,
or $260 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this 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 adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2003-19-08 Boeing: Amendment 39-13311. Docket 2001-NM-324-AD.
Applicability: Model 747 series airplanes, line numbers 1
through 1307 inclusive, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of
[[Page 54992]]
the effect of the modification, alteration, or repair on the unsafe
condition addressed by this AD; and, if the unsafe condition has not
been eliminated, the request should include specific proposed
actions to address it.
Compliance: Required as indicated, unless accomplished
previously.
To find and fix discrepancies of the bulkhead structure, which
could result in failure of the structure to carry flight loads of
the horizontal stabilizer, and consequent loss of controllability of
the airplane, accomplish the following:
Repetitive Inspections
(a) Before the accumulation of 10,000 total flight cycles, or
within 1,000 flight cycles after the effective date of this AD,
whichever is later: Do a detailed inspection of the body station
2598 bulkhead for discrepancies (cracking, elongated fastener holes)
of the lower aft inner chords; upper aft outer chords; and diagonal
brace attachment fittings, flanges, and rods; per Boeing Alert
Service Bulletin 747-53A2467, dated July 26, 2001. Repeat the
inspection after that at intervals not to exceed 3,000 flight
cycles.
Note 2: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Repair
(b) If any discrepancy is found during any inspection required
by paragraph (a) of this AD: Before further flight, repair per
Boeing Alert Service Bulletin 747-53A2467, dated July 26, 2001. If
any discrepancy is found and the service bulletin specifies to
contact Boeing 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 who has been authorized by the Manager, Seattle ACO,
to make such findings. For a repair method to be approved, the
approval must specifically reference this AD.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Seattle ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permit
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(e) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Alert Service Bulletin 747-53A2467,
dated July 26, 2001. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Boeing
Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Effective Date
(f) This amendment becomes effective on October 27, 2003.
Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-23829 Filed 9-18-03; 12:01 pm]
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