AD 2010-03-05

This AD is effective March 11, 2010.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 11, 2010.

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com.

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.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to all Model 747-200C and -200F series airplanes. That NPRM was published in the Federal Register on July 6, 2009 (74 FR 31894). That NPRM proposed to require a high frequency eddy current inspection for cracks of certain fastener holes, and corrective action if necessary. That NPRM also proposed to require repetitive replacements of the upper chords, straps (or angles), and radius fillers of certain upper deck floor beams, and, for any replacement that is done, detailed and open-hole HFEC inspections for cracks of the modified upper deck floor beams, and corrective actions if necessary.

We gave the public the opportunity to participate in developing this AD. We considered the comments received from the commenters.

One commenter, Boeing, agrees with the contents of the NPRM.

One commenter, Northwest Airlines (NWA), requests that we clarify whether the modification that is mandated by paragraph (g) of AD 2005-07-21, Amendment 39-14046 (70 FR 18277, April 11, 2005), is required during the accomplishment of the initial 15,000-flight-cycle post-upper chord replacement inspection proposed by the NPRM. NWA notes that the NPRM would require replacing the upper deck floor beam upper chords before the accumulation of 21,000 total flight cycles, or within 1,500 flight cycles after the effective date of the AD, whichever is later. NWA also states that the proposed rule would mandate inspecting the upper deck floor beams within 15,000 flight cycles after replacement of the upper chords. NWA notes that the inspections are to be completed in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2429, Revision 2, dated October 16, 2008; and Boeing Alert Service Bulletin 747-53A2439, Revision 2, dated July 17, 2008. NWA notes that inspections per Boeing Alert Service Bulletins 747-53A2429 and 747-53A2439 were previously mandated. NWA points out that the Manager of the Seattle Aircraft Certification Office has previously approved the accomplishment of the applicable inspection, repair, and modification procedures contained in Boeing Alert Service Bulletin 747-53A2696, dated October 16, 2008, as an alternative method of compliance (AMOC) for paragraphs (f) and (g) of AD 2006-08-02, Amendment 39-14556 (71 FR 18618, April 12, 2006), and the inspection, repair, and modification requirements of paragraphs (a), (b), (c), (e), (g)(1), (h)(2), (i), (j), (k), and (l) of AD 2005-07-21.

We agree to provide clarification of the post-upper chord replacement actions. Paragraph (h) of this final rule requires detailed and HFEC inspections for cracks of the modified upper deck floor beams, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2696, dated October 16, 2008, within 15,000 flight cycles after the upper chord replacement, or within 1,500 flight cycles after the effective date of this AD, whichever occurs later. In addition, paragraph (h) of this final rule requires a repeat accomplishment of the upper chord replacement within 6,000 flight cycles after doing the initial post-upper chord replacement inspections. Boeing Alert Service Bulletin 747-53A2696 in turn refers to Boeing Alert Service Bulletins 747-53A2429, Revision 2; and 747-53A2439, Revision 2; for inspection procedures only. Therefore, the modification in accordance with Boeing Alert Service Bulletin 747-53A2429, dated March 22, 2001, as mandated by paragraph (g) of AD 2005-07-21, is not required by this final rule. Operators should note that accomplishment of the actions per this AD has been approved as an AMOC to the corresponding requirements of AD 2005-07-21 and AD 2006-08-02 as described above. We have not changed the final rule in regard to this issue.

We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models.

Boeing Commercial Airplanes has received an Organization Designation Authorization (ODA), which replaces their previous designation as a Delegation Option Authorization (DOA) holder. We have revised paragraph (j)(3) of this AD to delegate the authority to approve an alternative method of compliance for any repair required by this AD to the Boeing Commercial Airplanes ODA.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

We estimate that this AD affects 25 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD.

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.

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.

You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new AD: