[Federal Register: December 7, 2006 (Volume 71, Number 235)]
[Rules and Regulations]
[Page 70857-70859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de06-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25327; Directorate Identifier 2006-NM-116-AD;
Amendment 39-14842; AD 2006-09-06 R1]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD)
that applies to certain Boeing Model 747-100, 747-100B, 747-100B SUD,
747-200B, 747-300, 747-400, 747-400D, and 747SR series airplanes. That
AD currently requires repetitive inspections to detect cracking of
certain lower lobe fuselage frames, and repair if necessary. This new
AD specifies appropriate service information for certain corrective
actions. This AD results from reports indicating that fatigue cracks
were found in lower lobe frames on the left side of the fuselage. We
are issuing this AD to detect and correct fatigue cracking of certain
lower lobe fuselage frames, which could lead to fatigue cracks in the
fuselage skin, and consequent rapid decompression of the airplane.
DATES: The effective date of this AD is June 7, 2006.
On June 7, 2006 (71 FR 25926, May 3, 2006), the Director of the
Federal Register approved the incorporation by reference of Boeing
Alert Service Bulletin 747-53A2408, Revision 1, dated April 4, 2002.
On May 5, 1999 (64 FR 15298, March 31, 1999), the Director of the
Federal Register approved the incorporation by reference of Boeing
Alert Service Bulletin 747-53A2408, dated April 25, 1996.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437;
fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may 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 street address stated in the
ADDRESSES section.
Discussion
The FAA proposed to amend part 39 of the Federal Aviation
Regulations (14 CFR part 39) with an airworthiness directive (AD) to
revise AD 2006-09-06, amendment 39-14576 (71 FR 25926, May 3, 2006).
The existing AD applies to certain Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR series
airplanes. The proposed AD was published in the Federal Register on
July 13, 2006 (71 FR 39600) to require repetitive inspections to detect
cracking of certain lower lobe fuselage frames, and repair if
necessary, and to specify appropriate service information for certain
corrective actions.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the Proposed AD
Boeing supports the proposed AD.
Request To Change Incorporation of Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, airworthiness directives are based on service
information originating with the type certificate holder or its
suppliers. MARPA adds that manufacturer service documents are
[[Page 70858]]
privately authored instruments generally having copyright protection
against duplication and distribution. MARPA notes that when a service
document is incorporated by reference into a public document, such as
an airworthiness directive, it loses its private, protected status and
becomes a public document. MARPA adds that if a service document is
used as a mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document; by
definition, public laws must be public, which means they cannot rely
upon private writings. MARPA is concerned that the failure to
incorporate essential service information could result in a court
decision invalidating the AD.
MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under 14 CFR 21.303 (parts manufacturer approval (PMA)). MARPA
adds that the concept of brevity is now nearly archaic as documents
exist more frequently in electronic format than on paper. Therefore,
MARPA asks that the service documents deemed essential to the
accomplishment of the NPRM be incorporated by reference into the
regulatory instrument, and published in the DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
Additionally, we do not publish service documents in DMS. We are
currently reviewing our practice of publishing proprietary service
information. Once we have thoroughly examined all aspects of this
issue, and have made a final determination, we will consider whether
our current practice needs to be revised. However, we consider that to
delay this AD action for that reason would be inappropriate, since we
have determined that an unsafe condition exists and that the
requirements in this AD must be accomplished to ensure continued
safety. Therefore, we have not changed the AD in this regard.
Explanation of Change to Heading
We have revised the heading, ``RESTATEMENT OF THE REQUIREMENTS OF
AD 99-07-12, WITH ADDITIONAL INFORMATION FOR GROUP 2 AIRPLANES,'' to
state, ``* * * WITH COMPLIANCE TIMES FOR GROUP 2 AIRPLANES.'' This
change provides more information about the new requirements of this AD.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 681 airplanes of the affected design in the
worldwide fleet. This AD affects about 99 airplanes of U.S. registry.
The new requirements of this AD add no additional economic burden. The
current costs for this AD are repeated for the convenience of affected
operators, as follows:
The actions in this AD take about 2 work hours per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of both the retained and new actions for U.S. operators
is $15,840, or $160 per airplane, per inspection cycle.
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 and placed it in the AD docket. 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.
[[Page 70859]]
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14576 (71 FR 25926, May 3, 2006) and adding the
following new airworthiness directive (AD):
2006-09-06 R1 Boeing: Amendment 39-14842. Docket No. FAA-2006-25327;
Directorate Identifier 2006-NM-116-AD.
Effective Date
(a) The effective date of this AD is June 7, 2006.
Affected ADs
(b) This AD revises AD 2006-09-06.
Applicability
(c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SR series
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin 747-53A2408, Revision 1, dated April 4, 2002.
Unsafe Condition
(d) This AD results from reports indicating that fatigue cracks
were found in lower lobe frames on the left side of the fuselage. We
are issuing this AD to detect and correct fatigue cracking of
certain lower lobe fuselage frames, which could lead to fatigue
cracks in the fuselage skin, and consequent rapid decompression 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.
Restatement of the Requirements of AD 99-07-12, With Compliance Times
for Group 2 Airplanes
Initial Inspections
(f) For airplanes on which the initial detailed internal
inspection of the Section 46 lower lobe frames required by paragraph
(f)(2) or (i)(2) of AD 2005-20-30, amendment 39-14327, has not been
accomplished: Perform a detailed visual inspection to detect
cracking of the lower lobe fuselage frames from Body Station 1820 to
Body Station 2100, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2408, dated
April 25, 1996; or Boeing Alert Service Bulletin 747-53A2408,
Revision 1, dated April 4, 2002; as applicable; at the later of the
applicable times specified in paragraph (f)(1), (f)(2), or (f)(3) of
this AD.
(1) For all airplanes: Prior to the accumulation of 15,000 total
flight cycles; or
(2) For Group 1 airplanes identified in Revision 1 of the
service bulletin: Within 1,500 flight cycles or 18 months after May
5, 1999 (the effective date of AD 99-07-12, amendment 39-11097),
whichever occurs first.
(3) For Group 2 airplanes identified in Revision 1 of the
service bulletin: Within 1,500 flight cycles or 18 months after June
7, 2006, whichever occurs first.
Note 1: Paragraphs (f)(2) and (i)(2) of AD 2005-20-30 require a
detailed inspection to detect cracks in the Section 46 lower lobe
frames, in accordance with Boeing Service Bulletin 747-53A2349,
Revision 2, dated April 3, 2003. The initial inspection is required
prior to the accumulation of 22,000 total flight cycles; or within
1,000 flight cycles after June 11, 1993 (the effective date of AD
93-08-12, amendment 39-8559), or November 16, 2005 (the effective
date of AD 2005-20-30), depending on previous inspections
accomplished; whichever occurs later.
Note 2: 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.''
Repetitive Inspections
(g) If no cracking is detected during the inspection required by
paragraph (f) of this AD, repeat the inspection thereafter at
intervals not to exceed 3,000 flight cycles.
Corrective Actions
(h) If any cracking is detected during any inspection required
by paragraph (f) of this AD, prior to further flight, accomplish
paragraphs (h)(1) and (h)(2) of this AD:
(1) Within 20 inches of the crack location on the frame, perform
a detailed inspection of the adjacent structure to detect cracking.
As of June 7, 2006, the detailed inspection must be done in
accordance with Boeing Alert Service Bulletin 747-53A2408, Revision
1, dated April 4, 2002. If any cracking is detected during any
detailed inspection done in accordance with paragraph (f) or (h)(1)
of this AD, prior to further flight, repair in accordance with
paragraph (h)(1)(i) or (h)(1)(ii) of this AD, as applicable.
(i) For Group 1 airplanes: Using a method approved in accordance
with the procedures specified in paragraph (j) of this AD. The
Boeing 747 Structural Repair Manual, Subject 53-10-04, Figure 67 or
90, is one approved method.
(ii) For Group 2 airplanes: Using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD. The Boeing 747-400 Structural Repair Manual, Subject 53-60-07,
Repair 1 or 2, is one approved method.
(2) Repeat the inspection required by paragraph (f) of this AD
thereafter at intervals not to exceed 3,000 flight cycles.
Optional Terminating Inspection
(i) Accomplishment of the initial detailed inspection of the
Section 46 lower lobe frames required by paragraph (f)(2) or (i)(2)
of AD 2005-20-30 constitutes terminating action for the requirements
of this AD only for airplanes identified in Boeing Alert Service
Bulletin 747-53A2408, Revision 1, dated April 4, 2002, as Group 1
airplanes. Accomplishment of the initial detailed inspection of the
Section 46 lower lobe frames required by paragraph (f) of AD 2006-
05-02 constitutes terminating action for the requirements of this AD
only for airplanes identified in Boeing Alert Service Bulletin 747-
53A2408, Revision 1, dated April 4, 2002, as Group 2 airplanes.
Alternative Methods of Compliance (AMOCs)
(j)(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) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
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 an
Authorized Representative for the Boeing Commercial Airplanes
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.
(4) AMOCs approved previously in accordance with AD 99-07-12,
are approved as AMOCs for the corresponding provisions of this AD.
Material Incorporated by Reference
(k) You must use Boeing Alert Service Bulletin 747-53A2408,
dated April 25, 1996; or Boeing Alert Service Bulletin 747-53A2408,
Revision 1, dated April 4, 2002; as applicable; to perform the
actions that are required by this AD, unless the AD specifies
otherwise.
(1) On June 7, 2006 (71 FR 25926, May 3, 2006), the Director of
the Federal Register approved the incorporation by reference of
Boeing Alert Service Bulletin 747-53A2408, Revision 1, dated April
4, 2002.
(2) On May 5, 1999 (64 FR 15298, March 31, 1999), the Director
of the Federal Register approved the incorporation by reference of
Boeing Alert Service Bulletin 747-53A2408, dated April 25, 1996.
(3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the Docket Management Facility, U.S. Department
of Transportation, 400 Seventh Street SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20618 Filed 12-6-06; 8:45 am]
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