AD 2014-04-09

This AD is effective May 2, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 2, 2014.

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

Chandraduth Ramdoss, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Blvd., Suite 100, Lakewood, CA 90712-4137, phone: 562-627-5329; fax: 562-627-5210; email: Chandraduth.Ramdoss@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 727 airplanes. The NPRM published in the Federal Register on August 27, 2013 (78 FR 52875). The NPRM proposed to require repetitive inspections for cracking of small repairs done on the vertical flange of the rib chord, repetitive inspections for cracking along the upper fillet radius of the rib chord, and a large repair or preventive modification if necessary. Accomplishment of a large repair or preventive modification would terminate the actions of the NPRM. We are issuing this AD to prevent cracks in the rib upper chord, which could result in the inability of the wing structure to support the limit load condition, and consequent loss of structural integrity of the wing.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (78 FR 52875, August 27, 2013) and the FAA's response to each comment.

Boeing requested that we revise “Differences Between the Proposed AD and the Service Information” in the NPRM (78 FR 52875, August 27, 2013) to instead state that there are no differences. Boeing stated that the NPRM specified the same type, location, and interval of the inspections specified in Boeing Service Bulletin 727-57-0112, Revision 5, dated July 31, 1997, for a small repair.

We find that clarification of the requirements of this final rule is necessary in light of the information provided in Boeing Service Bulletin 727-57-0112, Revision 5, dated July 31, 1997. The post-small-repair inspection is described in Part III of the service information; some of this information is provided in notes, and the description of the area to be inspected needed slight clarification. To ensure that operators understand that all actions specified in Part III are required for compliance, and to give more specific direction to the area of inspection, paragraph (g) in this final rule specifies these actions, including the information in the notes, with slightly different wording to describe the inspection area. Since the inspection is a direct requirement of this final rule, there is a difference between this AD and the service information. We have not changed this final rule regarding this issue.

Paragraph (g) of the NPRM (78 FR 52875, August 27, 2013) referred to actions specified in “Boeing 727 Service Bulletin 57-112; or Part III of the Accomplishment Instructions of Boeing Service Bulletin 727-57-0112.” Boeing stated that only one of these references is required. Boeing added that one of the references did not follow the standard format. Boeing therefore requested that we revise the NPRM to refer to only “Part III of the Accomplishment Instructions of Boeing Service Bulletin 727-57-0112.”

We disagree to revise the source of service information as cited in this final rule. We are required by OFR regulations to precisely specify all possible revisions of this service bulletin by their unique identities. Boeing Service Bulletin 727-57-0112 has actually been revised five times; some versions are old and were published in Boeing's older service bulletin format. The earlier version (“Boeing 727 Service Bulletin 57-112”) does not have a separate “Accomplishment Instructions” section. Two citations are therefore necessary to refer to the description of the small repair actions in the service information. However, we have added Note 1 to paragraph (g) of this final rule to clarify the use of the different document citations.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the change described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (78 FR 52875, August 27, 2013) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (78 FR 52875, August 27, 2013).

We estimate that this AD affects 106 airplanes of U.S. registry. We estimate the following costs 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),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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.

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 airworthiness directive (AD):