FR Doc 05-6259

[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Rules and Regulations]
[Page 16403-16406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18876; Directorate Identifier 2003-NM-254-AD;
Amendment 39-14032; AD 2005-07-08]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 757-200 and -200PF Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 757-200 and -200PF series airplanes. This AD
requires repetitive inspections and audible tap tests of the upper and
lower skins of the trailing edge wedges on certain slats, and related
investigative and corrective actions if necessary. This AD also
provides an optional terminating action for the repetitive inspections
and audible tap tests. This AD is prompted by a report of damage to the
No. 4 leading edge slat. We are issuing this AD to prevent delamination
of the leading edge slats, possible loss of pieces of the trailing edge
wedge assembly during flight, reduction of the reduced maneuver and
stall margins, and consequent reduced controllability of the airplane.

DATES: This AD becomes effective May 5, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of May 5,
2005.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207. You can examine this information 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

Docket: The AD docket contains the proposed AD, comments, and any
final disposition. You can examine the AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility

office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Washington, DC. This docket number is FAA-2004-18876; the directorate
identifier for this docket is 2003-NM-254-AD.

FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6450; fax (425) 914-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39
with an AD for certain Boeing Model 757-200 and -200PF series
airplanes. That action, published in the Federal Register on August 17,
2004 (69 FR 51015), proposed to require repetitive inspections and
audible tap tests of the upper and lower skins of the trailing edge
wedges on certain slats, and related investigative and corrective
actions if necessary. The proposed AD also provided an optional
terminating action for the repetitive inspections and audible tap
tests.

Comments

We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.

Supportive Comment

One commenter supports the proposed AD.

Request To Correct Typographical Error in Applicability

One commenter requests that the typographical error in paragraph
(c), Applicability, of the proposed AD, be corrected. The Applicability
in the proposed AD states that the AD applies to Boeing Model 737-200
and -200F series airplanes, as listed in Boeing Alert Service Bulletin
757-57A0063, dated June 26, 2003. The commenter states that the
reference to Model 737-200 and -200F series airplanes should be
corrected to avoid confusion between the referenced service bulletin
and proposed AD.
We agree and the Applicability section of this AD has been
corrected to reference ``Boeing Model 757-200 and -200PF series
airplanes identified in Boeing Alert Service Bulletin 757-57A0063. * *
*'' We discovered this error after the proposed AD was published. We
find that our intent in the proposed AD was clear, as all other
references throughout the proposed AD were correct, and the referenced
service

[[Page 16404]]

bulletin applies to Boeing Model 757-200 and -200PF series airplanes.
Thus, we find no reason to re-open the comment period.

Request To Clarify Applicability

The Air Transport Association (ATA) states that its member airlines
concur with the intent of the proposed AD, but that the applicability
of the proposed AD is unclear. The commenter notes that actions
specified in the proposed AD overlap or duplicate the requirements of
AD 90-23-06, amendment 39-6794. The commenter also states that several
slat wedge configurations exist in in-service airplanes as a result of
AD 91-22-51, amendment 39-8129, and several other service bulletins
that address trailing edge wedges. The commenter contends that the
applicability of the proposed AD is unclear with respect to these
configurations, and recommends that we revise the proposed AD to
clearly state the applicability with respect to the various
configurations resulting from the aforementioned airworthiness
directives and service bulletins.
We do not agree that the applicability of this AD requires
revision. The applicability of this AD states that the AD applies to
Boeing Model 757-200 and -200PF series airplanes, certificated in any
category, identified in Boeing Alert Service Bulletin 757-57A0063,
dated June 26, 2003. The effectivity in that service bulletin is all
Boeing Model 757 series airplanes with line numbers 1 through 139
inclusive. This AD addresses line numbers 1 through 139 inclusive,
regardless of configuration. Also, the airplane applicability for AD
91-22-51 has different line numbers from those in this AD. The
applicability for that AD is Boeing Model 757 series airplanes, line
numbers 140 through 335. We have not changed this AD regarding this
issue.

Request To Give Credit for Actions Accomplished Previously

One commenter requests that the proposed AD be revised to indicate
that actions accomplished previously in accordance with Boeing Service
Bulletin 757-57A0038 or 757-57A0045 are acceptable for compliance with
the requirements of the proposed AD. The commenter states that the
actions described in those service bulletins have the same results as
the actions described in Boeing Alert Service Bulletin 757-57A0063,
dated June 26, 2003.

Service Bulletins With Similar Actions
----------------------------------------------------------------------------------------------------------------
As the appropriate
Service Bulletin-- Dated-- Is cited in-- source of service
information for--
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 757- June 26, 2003.......... The proposed AD........ Inspecting, repairing,
57A0063. and replacing trailing
edge wedges.
Boeing Service Bulletin 757-57A0038, October 10, 1990....... AD 90-23-06, amendment Inspecting, repairing,
Revision 2. 39-6794. and replacing trailing
edge wedges.
Boeing Service Bulletin 757-57A0045.. October 16, 1991....... AD 91-22-51, amendment Repetitive detailed
39-8129. inspections of the
trailing edge wedges
of slats 1 through 4
and 7 through 10.
----------------------------------------------------------------------------------------------------------------

We agree that accomplishment of the actions specified in Boeing
Service Bulletin 757-57A0038, Revision 5, dated July 16, 1992, or
Revision 6, dated November 10, 1994, only, are acceptable for
compliance with the requirements of this AD. We do not agree that
accomplishment of the actions specified in Boeing Service Bulletin 757-
57A0045 is acceptable for compliance with the requirements of this AD.
As stated previously, the applicability of AD 91-22-51 is Boeing Model
757 series airplanes, line numbers 140 through 335 inclusive, and the
applicability of this AD is line numbers 1 through 139 inclusive.
We have included a new paragraph (h) in this AD, and reidentified
the subsequent paragraphs accordingly. Paragraph (h) specifies that
accomplishment of the actions in the Accomplishment Instructions of
Boeing Service Bulletin 757-57A0038, Revision 5 or Revision 6 only, in
conjunction with the use of BMS 5-137 adhesive, is acceptable for
compliance with the requirements of this AD.

Request To Revise Compliance Time for Repetitive Inspections and Tests

One commenter requests an extension of the compliance time from 18
months to 24 months for the repetitive detailed inspections and audible
tap tests of the upper and lower skins of the trailing edge wedges. The
commenter states that it performs maintenance checks (``C-checks'') on
its fleet every 24 months. The commenter also states that a compliance
time of 18 months would require special maintenance visits in addition
to the normally scheduled ``C-checks,'' and the associated costs and
downtime would be considerable. The commenter has reviewed its
maintenance program, and the subject slats are currently inspected
every 48 months. A review of the associated maintenance task cards did
not reveal any discrepancies. The commenter notes that this change to
the proposed AD would prevent operators from having to request approval
of an AMOC for the proposed AD.
We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
AD, we considered the urgency associated with the subject unsafe
condition, the manufacturer's recommended compliance time, and the
practical aspect of accomplishing the required inspections within a
period of time that corresponds to the normal scheduled maintenance
program for most affected operators. However, according to the
provisions of paragraph (k) of this AD, we may approve a request to
adjust the compliance time if the request includes data that prove that
the new compliance time would provide an acceptable level of safety.

Explanation of Additional Change to This AD

Since the publication of the proposed AD, Boeing has received a
Delegation Option Authorization (DOA). We have revised this AD to
delegate the authority to approve an AMOC for any repair required by
this AD to the Authorized Representative for the Boeing DOA
Organization rather than the Designated Engineering Representative.

Conclusion

We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the

[[Page 16405]]

public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

This AD affects about 139 airplanes worldwide. The following table
provides the estimated costs for U.S. operators to comply with this AD.

Estimated Costs
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Average Number of
labor U.S.-
Action Work hours rate per Parts Cost per airplane registered Fleet cost
hour airplanes
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Inspection test, per inspection 6 (1 work hour per $65 None................. $390, per inspection/ 97 $37,830, per
cycle. slat, 6 slats per test cycle. inspection/test
airplane.). cycle
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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

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); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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):

2005-07-08 Boeing: Amendment 39-14032. Docket No. FAA-2004-18876;
Directorate Identifier 2003-NM-254-AD.

Effective Date

(a) This AD becomes effective May 5, 2005.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Boeing Model 757-200 and -200PF series
airplanes, certificated in any category, identified in Boeing Alert
Service Bulletin 757-57A0063, dated June 26, 2003.

Unsafe Condition

(d) This AD was prompted by a report of damage to the No. 4
leading edge slat. We are issuing this AD to prevent delamination of
the leading edge slats, possible loss of pieces of the trailing edge
wedge assembly during flight, reduction of the reduced maneuver and
stall margins, and consequent reduced controllability of the
airplane.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Repetitive Inspections and Tests

(f) Within 18 months after the effective date of this AD: Do a
detailed inspection and an audible tap test of the upper and lower
skins of the trailing edge wedges on slats No. 2 through No. 4
inclusive and No. 7 through No. 9 inclusive, for evidence of damage
or cracking, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 757-57A0063, dated June 26, 2003.
Repeat the detailed inspection and audible tap test thereafter at
intervals not to exceed 18 months.

Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

Related Investigative and Corrective Actions

(g) If any damage or cracking is found during any inspection or
audible tap test required by paragraph (f) of this AD: Before
further flight, do the related investigative action, if applicable,
and replace the affected part with a new trailing edge wedge
assembly or repair the affected part, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0063, dated June 26, 2003. Accomplishing the replacement
terminates the repetitive inspections and audible tap tests required
by paragraph (f) of this AD for that wedge assembly only.

Actions Accomplished Previously

(h) Previous accomplishment of all of the actions specified in
the Accomplishment Instructions of Boeing Service Bulletin 757-
57A0038, Revision 5, dated July 16, 1992; or Revision 6, dated
November 10, 1994; in conjunction with the use of BMS 5-137
adhesive; is acceptable for compliance with the inspection
requirements of paragraph (f) of this AD.

[[Page 16406]]

Parts Installation

(i) As of the effective date of this AD, no trailing edge wedge
assembly having a part number listed in the ``Existing Part Number''
column of the table in paragraph 2.C.3. of Boeing Alert Service
Bulletin 757-57A0063, dated June 26, 2003, may be installed on any
airplane unless it has been inspected, tested, and had any necessary
corrective actions accomplished in accordance with this AD.

Optional Terminating Action

(j) Replacing all trailing edge wedge assemblies with new,
improved wedge assemblies in accordance with Part III of the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
57A0063, dated June 26, 2003, terminates the requirements of
paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

(k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Delegation Option
Authorization Organization who 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.

Material Incorporated by Reference

(l) You must use Boeing Alert Service Bulletin 757-57A0063,
dated June 26, 2003, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approves the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
copies of the service information, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. For
information on the availability of this material at the National
Archives and Records Administration (NARA), call (202) 741-6030, or
go to http://www.archives.gov/ federal--register/ code--of--

federal--regulations/ ibr--locations.html.
You may view the AD docket at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-
401, Nassif Building, Washington, DC.

Issued in Renton, Washington, on March 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6259 Filed 3-30-05; 8:45 am]

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