FR Doc 05-6251

[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Proposed Rules]
[Page 16177-16180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-28]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20725; Directorate Identifier 2003-NM-250-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 707-300B, -300C, and -400
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Boeing Model 707-300B, -300C, and -400 series airplanes. This
proposed AD would require repetitive inspections to detect cracked or
broken hinge fitting assemblies of the inboard leading edge slats, and
corrective action if necessary. This proposed AD would provide as an
option a preventive modification, which would defer the repetitive
inspections. This proposed AD also would provide an option of replacing
all hinge fitting assemblies with new, improved parts, which would
terminate the repetitive inspection requirements. This proposed AD is
prompted by results of a review to identify and implement procedures to
ensure the continued structural airworthiness of aging transport
category airplanes. We are proposing this AD to detect and correct
fatigue cracking of the hinge fitting assembly of the inboard leading
edge slats, which could result in reduced structural integrity of the
slat system. This condition could result in loss of the inboard leading
edge slat and could cause the flightcrew to lose control of the
airplane.

DATES: We must receive comments on this proposed AD by May 16, 2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
You can get the service information identified in this proposed AD
from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
You may examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.

Department of Transportation, 400 Seventh Street SW., room PL-401, on
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Candice Gerretsen, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (425)
917-6428; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-

[[Page 16178]]

999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20725;
Directorate Identifier 2003-NM-250-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket

You may examine the AD docket 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 DOT street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after the DMS
receives them.

Discussion

The Air Transport Association (ATA) of America and the Aerospace
Industries Association (AIA) of America agreed to undertake the task of
identifying and implementing procedures to ensure the continued
structural airworthiness of aging transport category airplanes. An
Airworthiness Assurance Working Group (AAWG) was established in August
1988, with members representing aircraft manufacturers, operators,
regulatory authorities, and other aviation industry representatives
worldwide. The objective of the AAWG was to sponsor ``Task Groups'' to:
1. Select service bulletins, applicable to each airplane model in
the transport fleet, to be recommended for mandatory modification of
aging airplanes;
2. Develop corrosion-directed inspections and prevention programs;
3. Review the adequacy of each operator's structural maintenance
program;
4. Review and update the Supplemental Inspection Documents (SID);
and
5. Assess repair quality.
Based on the results of this review, the task group for Boeing
Model 707 series airplanes recommended replacing all hinge fitting
assemblies on Boeing Model 707-300B, -300C, and -400 series airplanes
to prevent fatigue cracking of the hinge fitting assembly of the
inboard leading edge slats, which could result in reduced structural
integrity of the slat system. This condition could result in loss of
the inboard leading edge slat, which could cause the flightcrew to lose
control of the airplane.
We partially agree with the task group's recommendation. We agree
that corrective action is necessary to address the identified unsafe
condition. However, we do not agree with the recommendation to mandate
the replacement of all hinge fitting assemblies for the following
reasons:
1. Accessing the hinge fitting assemblies for inspection is easily
accomplished; and
2. Cracked or broken assemblies are easily detectable by means of a
visual inspection.

Relevant Service Information

We have reviewed Boeing Service Bulletin 2982, Revision 2, dated
October 7, 1977. This service bulletin describes procedures for doing
repetitive dye penetrant inspections to detect cracked or broken hinge
fitting assemblies of the inboard leading edge slats, and corrective
action if necessary. The corrective action replaces any cracked or
broken hinge fitting assembly with the following:
A like serviceable part;
A like serviceable part on which the preventative
modification (described below) has been done. This replacement defers
the repetitive inspections for 1.5 times the total flight hours at the
time of modification for that hinge fitting assembly; or
A new, improved part. This replacement ends the repetitive
inspections for that hinge fitting assembly.
As an option to the repetitive dye penetrant inspections, this
service bulletin also describes procedures for a preventive
modification, which consists of a magnetic particle inspection and
rework of the hinge fitting assembly. This preventive modification
provides a new threshold for doing the repetitive dye penetrant
inspections of the hinge fitting assemblies. This service bulletin also
describes procedures for replacing all hinge fitting assemblies with
new, improved parts, which ends the repetitive inspections. We have
determined that accomplishment of the actions specified in the service
bulletin will adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. Therefore, we are proposing this AD, which
would require repetitive dye penetrant inspections of the hinge fitting
assemblies of the inboard leading edge slats to detect cracks or broken
parts of the hinge fitting assemblies of the inboard leading edge, and
corrective action if necessary. This proposed AD would provide as an
option a preventive modification, which would defer the repetitive dye
penetrant inspections. This proposed AD also would provide an option of
replacing all hinge fitting assemblies with new, improved parts, which
would terminate the repetitive inspection requirements. The proposed AD
would require you to use the service information described previously
to perform these actions, except as discussed under ``Differences
Between the Proposed AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

The service bulletin gives a new inspection threshold following a
preventive modification that is ``equal to 1.5 times the accumulated
flight hours at the time of the modification.'' This preventive
modification is included in paragraph (i) of this proposed AD. Instead
of allowing a threshold that

[[Page 16179]]

multiplies the current number of flight hours, paragraph (i) proposes
to limit the inspection threshold to 15,000 flight hours following the
preventive modification. We have made this change to the inspection
threshold because, when the service bulletin was originally released in
1970, the affected airplanes had relatively few total flight hours. All
affected airplanes now have significantly more total flight hours--in
one case, more than 90,000. We find that allowing a threshold of 1.5
times the flight hours of any airplane in the current fleet would not
provide an adequate level of safety.
This proposed AD also differs from the service bulletin in that it
applies to Boeing Model 707-400 series airplanes as well as the Boeing
Model 707-300B and -300C series airplanes specified in the service
bulletin. As stated earlier in this proposed AD, the inboard leading
edge slats on the Model 707-400 series airplanes have the same
configuration as that on the affected Model 707-300B and -300C series
airplanes. Therefore, those Model 707-400 series airplanes may be
subject to the same unsafe condition as the Model -300B, and -300C
series airplanes. In addition, the procedures in the service bulletin
also address the unsafe condition on the Model 707-400 series
airplanes.
The service bulletin does not provide procedures for repairing any
crack found during the magnetic particle inspection (part of the
preventative modification). This proposed AD would require you to do
the corrective action specified in paragraph (h) of the proposed AD.
We have coordinated the differences discussed above with the
airplane manufacturer.

Clarification Between the Proposed AD and the Service Bulletin

The service bulletin allows operators to use a ``like serviceable
part.'' For this proposed AD, we have defined ``like serviceable part''
as a serviceable part listed in the ``Existing'' part number column of
Table II of the service bulletin that has been inspected and found to
be crack free in accordance with paragraph (g) of this AD before
installation. A ``new part'' is a part listed in the ``Replacement'' or
``Optional'' part number column of Table II of the service bulletin.

Costs of Compliance

This proposed AD would affect about 189 Boeing Model 707-300B, -
300C, and -400 series airplanes worldwide. The following table provides
the estimated costs for U.S. operators to comply with this proposed AD.

Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered
per hour airplanes
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Dye Penetrant Inspection........ 3 $65 None............ $195 (per 16
inspection cycle).
Preventive Modification 10 65 None............ 650 (per 16
(Optional). inspection).
Terminating Action (Optional)... 10 65 $8,220.......... 8,870............. 16
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Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated 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 AD.

Regulatory Findings

We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed 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, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20725; Directorate Identifier 2003-NM-
250-AD.

Comments Due Date

(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by May 16, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD was prompted by results of a review to identify and
implement procedures to ensure the continued structural
airworthiness of aging transport category airplanes. We are
proposing this AD to detect and correct fatigue cracking of the
hinge fitting assembly of the inboard leading edge slats, which
could result in reduced

[[Page 16180]]

structural integrity of the slat system. This condition could result
in loss of the inboard leading edge slat and could cause the
flightcrew to lose control 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.

Service Bulletin Reference

(f) In this AD, the term ``service bulletin'' means the
Accomplishment Instructions of Boeing Service Bulletin 2982,
Revision 2, dated October 7, 1977.

Repetitive Inspections

(g) Before the accumulation of 10,000 total flight hours, or
within 1,500 flight hours after the effective date of this AD,
whichever occurs later, do a dye penetrant inspection to detect
cracked or broken hinge fitting assemblies of the inboard leading
edge slats in accordance with Part I, ``Inspection Data,'' of the
service bulletin. Repeat the inspection at intervals not to exceed
1,500 flight hours, except as provided by paragraph (i) or (k) of
this AD.

Corrective Action

(h) If any crack or broken assembly is found during any
inspection required by paragraph (g) of this AD, before further
flight, do the action specified in paragraph (h)(1), (h)(2), or
(h)(3) of this AD.
(1) Replace the hinge fitting assembly with like serviceable
part in accordance with Part I of the service bulletin.
(2) Replace the hinge fitting assembly with like serviceable
part on which the preventative modification specified in paragraph
(i) of this AD has been done, in accordance with Part II of the
service bulletin. This replacement defers the repetitive inspection
requirements of paragraph (g) of this AD for 15,000 flight hours for
that hinge fitting assembly.
(3) Replace the hinge fitting assembly with a new, improved part
in accordance with Part III of the service bulletin. This
replacement terminates the repetitive inspection requirements of
paragraph (g) of this AD for that hinge fitting assembly.

Note 1: For this AD, a ``like serviceable part'' is a
serviceable part listed in the ``Existing'' part number column of
Table II of the service bulletin that has been inspected and found
to be crack free in accordance with paragraph (g) of this AD before
installation. A ``new part'' is a part listed in the ``Replacement''
or ``Optional'' part number column of Table II of the service
bulletin.

Optional Preventative Modification (Defers Repetitive Inspections)

(i) Do a preventative modification by accomplishing all the
procedures in Part II of the service bulletin, except as required by
paragraph (j) of this AD. Within 15,000 flight hours after the
preventive modification, do the repetitive inspections in paragraph
(g) of this AD at intervals not to exceed 1,500 flight hours.
(j) If any crack is found during the preventative modification
specified in paragraph (i) of this AD, before further flight, do the
action specified in paragraph (h) of this AD.

Optional Terminating Action

(k) Replacement of a hinge fitting assembly with a new, improved
part terminates the repetitive inspection requirements of paragraph
(g) of this AD for that assembly. Replacement of all hinge fitting
assemblies with new, improved parts terminates the repetitive
inspection requirements of this AD. The replacement must be done in
accordance with Part III of the service bulletin.

Actions Accomplished Using a Previous Issue of the Service Bulletin

(l) Actions accomplished before the effective date of this AD
using Boeing Service Bulletin 2982, Revision 1, dated June 29, 1970,
are considered acceptable for compliance with the corresponding
action in this AD.

Alternative Methods of Compliance (AMOCs)

(m)(1) The Manager, Seattle Aircraft Certification Office (ACO)
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable level of safety may be
used for a preventive modification of hinge fitting assemblies of
the inboard leading edge slat 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.

Issued in Renton, Washington, on March 17, 2005.
Jeffery E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6251 Filed 3-29-05; 8:45 am]

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