[Federal Register: January 25, 2007 (Volume 72, Number 16)]
[Rules and Regulations]
[Page 3357-3359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja07-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25518; Directorate Identifier 2006-NM-092-AD;
Amendment 39-14881; AD 2007-01-09]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B,
747-300, 747-400, 747-400D, and 747SP 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 747-100B SUD, 747-200B, 747-300, 747-400, 747-
400D, and 747SP series airplanes. This AD requires repetitive
inspections for cracking of the crease beam and adjacent intercostals,
stringers, frames, and skin panels; and related investigative and
corrective actions if cracking is found. This AD results from a report
indicating that an operator discovered crease beam cracking on two
Model 747 airplanes. We are issuing this AD to detect and correct
cracking of the crease beam and adjacent structure, which could become
large and result in in-flight depressurization and inability of the
airframe structure to sustain flight loads.
DATES: This AD becomes effective March 1, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 1,
2007.
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 the 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 airworthiness directive (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 issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to Boeing Model 747-100B
SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SP series airplanes.
That NPRM was published in the Federal Register on August 8, 2006 (71
FR 44933). That NPRM proposed to require repetitive inspections for
cracking of the crease beam and adjacent intercostals, stringers,
frames, and skin panels; and related investigative and corrective
actions if cracking is found.
[[Page 3358]]
Comments
We provided the public the opportunity to participate in the
development of this AD.
Clarification of Submission of Comments to This AD
The Docket Management System has informed us that an error occurred
in the assignment of the docket number provided for this AD. DMS docket
number FAA-2006-22518 appeared in the published NPRM; in fact, the
correct docket number is FAA-2006-25518. The number 22518 refers to
docket NHTSA-2005-22518, which is a motor vehicle surface travel issue
having nothing to do with any aircraft. In case this confusion had
caused comments to NPRM 2006-NM-092-AD to be submitted either to the
incorrect docket or to both dockets, we checked both dockets FAA-2006-
25518 and NHTSA-2005-22518 for comments applicable to this AD. We found
one comment applicable to this AD in each docket. We determined that no
other comments have been submitted regarding this AD and have
considered the two comments received, both of which now correctly
appear only in docket FAA-2006-25518.
Support for the NPRM
Boeing states that it has reviewed the NPRM and concurs with the
contents of the NPRM.
Request for Posting of Service Information
One commenter, the Modification and Replacement Parts Association
(MARPA), requests that we revise our procedures for incorporation by
reference (IBR) of service information in ADs. MARPA states, ``This
proposed action requires work be accomplished pursuant to certain OEM
and/or manufacturer service documents. Typically airworthiness
directives are based upon service information originating with the type
certificate holder or its suppliers. Manufacturer service documents are
privately authored instruments generally enjoying copyright protection
against duplication and distribution. When a service document is
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51
into a public document such as an airworthiness directive, it loses its
private, protected status and becomes itself a public document. 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. Public laws by definition must be public which
means they cannot rely for compliance upon private writings. Since the
interpretation of a document is a question of law and not of fact, a
service document not incorporated by reference will not be considered
in a legal finding of the meaning of an airworthiness directive. We are
therefore concerned that failure to incorporate essential service
information could result in a court decision invalidating the
airworthiness directive.
``Incorporated by reference service documents should be made
available to the public by publication in the Document [sic]Management
System (DMS) keyed to the action that incorporates them. The stated
purpose of the incorporation by reference method of the Federal
Register is brevity; to keep from expanding the Federal Register
needlessly by publishing documents already in the hands of the affected
individuals. Traditionally, ``affected individuals'' has meant aircraft
owners and operators who are generally provided service information by
the manufacturer. However, 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. This new
class includes maintenance and repair organizations (MRO), component
servicing and repair shops, parts purveyors and distributors and
organizations manufacturing or servicing alternatively certified parts
under 14 CFR 21.303 (PMA). Further, the concept of brevity is now
nearly archaic as documents exist more frequently in electronic format
than on paper. We therefore request that the service documents deemed
essential to the accomplishment of this proposed action be (1)
Incorporated by reference into the regulatory instrument, and (2)
published in the DMS.''
The FAA acknowledges these requests. 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.
In regard to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. 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. No change to
the final rule is necessary in response to this comment.
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 as proposed.
Costs of Compliance
There are about 615 airplanes of the affected design in the
worldwide fleet. This AD affects about 65 airplanes of U.S. registry.
The required detailed inspection takes about 8 work hours per airplane,
per inspection cycle, at an average labor rate of $80 per work hour.
Based on these figures, the estimated cost of this AD for U.S.
operators is $41,600, or $640 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:
[[Page 3359]]
(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.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-01-09 Boeing: Amendment 39-14881. Docket No. FAA-2006-25518;
Directorate Identifier 2006-NM-092-AD.
Effective Date
(a) This AD becomes effective March 1, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 747-100B SUD, 747-200B, 747-
300, 747-400, 747-400D, and 747SP series airplanes, certificated in
any category; as identified in Boeing Alert Service Bulletin 747-
53A2591, dated April 6, 2006.
Unsafe Condition
(d) This AD results from a report indicating that an operator
discovered crease beam cracking on two Model 747 airplanes. We are
issuing this AD to detect and correct cracking of the crease beam
and adjacent structure, which could become large and result in in-
flight depressurization and inability of the airframe structure to
sustain flight loads.
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 Detailed Inspections and Related Investigative and
Corrective Actions
(f) Perform a detailed inspection for cracking of the crease
beam and adjacent intercostals, stringers, frames, and skin panels
at the applicable initial and repetitive compliance times specified
in Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2591, dated April 6, 2006; except, where the
alert service bulletin specifies an initial compliance time after
the date on the alert service bulletin, this AD requires compliance
within the specified compliance time after the effective date of
this AD. Do all applicable related investigative and corrective
actions before further flight if any cracking is found. Do all
applicable actions in accordance with the Accomplishment
Instructions of the alert service bulletin, except as provided by
paragraphs (f)(1) and (f)(2) of this AD.
(1) Where the alert service bulletin specifies to contact the
manufacturer for instructions on how to repair certain conditions,
before further flight, repair those conditions using a method
approved in accordance with paragraph (g) of this AD.
(2) Where the alert service bulletin specifies to report certain
information to the manufacturer, this AD does not include that
requirement.
Alternative Methods of Compliance (AMOCs)
(g)(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, and the approval must specifically refer to this
AD.
Material Incorporated by Reference
(h) You must use Boeing Alert Service Bulletin 747-53A2591,
dated April 6, 2006, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
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/[fxsp0]federal--
register/[fxsp0]code--of--federal--regulations/[fxsp0]ibr--
locations.html.
Issued in Renton, Washington, on December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-910 Filed 1-24-07; 8:45 am]
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