AD 2014-09-08

This AD is effective June 13, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 13, 2014

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 12, 2012 (77 FR 47267, August 8, 2012).

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.

Bill Ashforth, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6432; fax: 425-917-6590; email: bill.ashforth@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2007-16-19, Amendment 39-15158 (72 FR 45151, August 13, 2007). AD 2007-16-19 applied to certain The Boeing Company Model 747-200B, 747-300, and 747-400 series airplanes. The NPRM published in the Federal Register on August 12, 2013 (78 FR 48835). The NPRM was prompted by an analysis that indicated the need to mandate the previously optional modification. The NPRM proposed to continue to require repetitive detailed inspections for cracking of the aft tension tie channels from body station (BS) 1120 to BS 1220 and from BS 880 to BS 1100, and corrective actions if necessary. The NPRM also proposed to provide optional terminating action for the repetitive detailed inspections at BS 1120 to 1220. The NPRM also proposed to limit the area of the detailed inspection, add repetitive surface high-frequency eddy current inspections, and mandate the previously optional terminating action for BS 880 to 1100. We are issuing this AD to prevent fatigue cracking of the tension ties, which could result in reduced structural integrity of the airplane and rapid depressurization of the airplane.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (78 FR 48835, August 12, 2013) and the FAA's response to each comment.

Paragraph (h) of the NPRM (78 FR 48835, August 12, 2013) specified a modification and related investigative and corrective actions, in accordance with Boeing Alert Service Bulletin 747-53A2610, Revision 1, dated December 4, 2012. Paragraph (h) of the NPRM included the following provision:

Modification of a tension tie at STA 1120 to 1220, as required by paragraph (p) of AD 2012-15-13..., is acceptable for compliance with the requirements of paragraph (h) of this AD for that tension tie location only.

Boeing requested that we revise that sentence to specify that the modification is terminating action if done in accordance with Boeing Service Bulletin 747-53A2559, Revision 1, dated August 4, 2011—instead of AD 2012-15-13, Amendment 39-17142 (77 FR 47267, August 8, 2012), which could be superseded in the future.

We agree with the request, for the reasons provided by the commenter, and have revised this terminating action provision accordingly in this final rule. We have also revised paragraph (b) of this final rule to remove the reference to AD 2012-15-13, Amendment 39-17142 (77 FR 47267, August 8, 2012). In addition, we have moved the terminating action provisions from paragraph (h) of this final rule to a new paragraph (i) in this final rule, and redesignated subsequent paragraphs accordingly.

Boeing requested that we revise paragraphs (g) and (h) of the NPRM (78 FR 48835, August 12, 2013) to change the reference to the compliance-time exception paragraph, which the NPRM identified as paragraph “(i).” Boeing requested that we more specifically identify this exception as paragraph “(i)(2)” of the NPRM.

We agree, and have revised paragraphs (g) and (h) accordingly in this final rule—except that paragraph (i)(2) of the NPRM (78 FR 48835, August 12, 2013) has been redesignated as paragraph (j)(2) in this final rule.

Paragraph (h) of the NPRM (78 FR 48835, August 12, 2013) provided terminating action for all tension tie locations (BS 880 to 1220). We have revised paragraph (h) in this final rule to require terminating action for BS 880 to 1100 only, and to move the (optional) terminating action for BS 1120 to 1220 to new paragraph (i) in this final rule. We redesignated subsequent paragraphs accordingly.

We have further revised paragraph (h) of the NPRM (78 FR 48835, August 12, 2013), now paragraphs (h) and (i) in this final rule, to clarify that modification of a tension tie is acceptable for compliance with the requirements of paragraph (g) of this AD for the affected tension tie location only.

Paragraph (h) of the NPRM (78 FR 48835, August 12, 2013) incorrectly stated that it terminated paragraph (h) of the AD. Paragraphs (h) and (i) in this final rule instead identify paragraph (g) of the AD as the terminated action.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes 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 48835, August 12, 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 48835, August 12, 2013).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

We estimate that this AD affects 1 airplane of U.S. registry. We estimate the following costs to comply with this AD:

We have received no definitive data that would enable us to provide work-hour estimates for repair of cracks found in a bolt hole during the detailed inspection specified in this AD. The cost for parts (oversized fastener kit) for this condition is $2,292.

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.

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),

(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 removing Airworthiness Directive (AD) 2007-16-19, Amendment 39-15158 (72 FR 45151, August 13, 2007), and adding the following new AD: