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60244 Federal Register / Vol. 72, No.

205 / Wednesday, October 24, 2007 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION (800) 647–5527) is located on the 2006–07–12, amendment 39–14539, 71


ground floor of the West Building at the FR 16211, March 31, 2006).
Federal Aviation Administration DOT street address stated in the
Request To Revise Compliance Time
ADDRESSES section.
14 CFR Part 39 Continental Airlines (CAL) believes
Discussion that the accomplishment timetables in
[Docket No. FAA–2007–27560; Directorate
The FAA issued a notice of proposed Boeing Service Bulletin 757–53A0092,
Identifier 2006–NM–211–AD; Amendment
39–15198; AD 2007–19–07] rulemaking (NPRM) to amend 14 CFR Revision 1, dated January 10, 2007, for
part 39 to include an AD that would approved repairs are overly
RIN 2120–AA64 apply to certain Boeing Model 757–200, conservative. CAL notes that scribe lines
–200PF, and –200CB series airplanes. on flush repairs are not considered
Airworthiness Directives; Boeing critical on Model 737 airplanes, and AD
That NPRM was published in the
Model 757–200, –200PF, and –200CB 2006–07–12 does not require similar
Federal Register on March 15, 2007 (72
Series Airplanes inspections for those airplanes. CAL
FR 12125). That NPRM proposed to
AGENCY: Federal Aviation require inspections to detect scribe lines compares compliance times for initial
Administration (FAA), Department of and cracks of the fuselage skin, lap scribe line inspections with those for
Transportation (DOT). joints, circumferential butt splice strap, approved repair inspections, and asserts
ACTION: Final rule. and external and internal approved that the proposed repair inspection
repairs; and related investigative/ would occur in a line environment
SUMMARY: The FAA is adopting a new corrective actions if necessary. without benefit of the support offered
airworthiness directive (AD) for certain during a heavy maintenance check. CAL
Comments notes that no crack attributable to scribe
Boeing Model 757–200, –200PF, and
–200CB series airplanes. This AD We provided the public the lines has ever been found on the Model
requires inspections to detect scribe opportunity to participate in the 757 fleet and that the Model 757 scribe
lines and cracks of the fuselage skin, lap development of this AD. We have line program is extrapolated from the
joints, circumferential butt splice strap, considered the comments received. Model 737 program; in the Model 737
and external and internal approved scribe line inspection program all
Support for the NPRM approved repair inspections generally
repairs; and related investigative/
corrective actions if necessary. This AD Boeing, Continental Airlines (CAL), coincide in accomplishment timeframe
results from reports of scribe lines and the National Transportation Safety with the main scribe line program.
adjacent to the skin lap joints. We are Board (NTSB) support the NPRM. Therefore CAL requests that we revise
issuing this AD to detect and correct the accomplishment timetables of the
Request To Extend Rulemaking to
cracks, which could grow and cause approved repair section of the 757
Additional Airplanes
rapid decompression of the airplane. scribe line program to better coincide
The NTSB asserts that scribe lines with the mainline program.
DATES: This AD becomes effective
could be present on virtually every We disagree with the request. The
November 28, 2007. pressurized airplane in service. The timetables, developed by Boeing in
The Director of the Federal Register NTSB requests that we examine and cooperation with the 757 Scribe Line
approved the incorporation by reference expedite similar rulemaking for other Working Group, are based on extensive
of a certain publication listed in the AD makes and models of airplanes in technical evaluation and analysis to
as of November 28, 2007. addition to the Model 757 airplanes reflect the differences in construction
ADDRESSES: You may examine the AD subject to the NPRM. between the two models. In determining
docket on the Internet at http:// We acknowledge the NTSB’s the appropriateness of the proposed
dms.dot.gov or in person at the U.S. concerns. The unsafe condition compliance times, we considered the
Department of Transportation, Docket identified in this action is a long-term average utilization rate of the affected
Operations, M–30, West Building durability issue that might not be fleet, the practical aspects of an orderly
Ground Floor, Room W12–140, 1200 limited to any particular airplane inspection of the fleet during regular
New Jersey Avenue, SE., Washington, model. The potential consequences for maintenance periods. We have
DC. each airplane model will vary with each determined that the compliance times,
Contact Boeing Commercial model’s design characteristics and as proposed, will ensure an acceptable
Airplanes, P.O. Box 3707, Seattle, operating conditions. To this end, we level of safety. We have not changed the
Washington 98124–2207, for service have coordinated efforts with other final rule regarding this issue.
information identified in this AD. governing regulatory agencies and other
FOR FURTHER INFORMATION CONTACT: manufacturers to investigate the Request for Limited Return to Service
Dennis Stremick, Aerospace Engineer, existence of scribe lines on other (LRTS) Program for Zone C
Airframe Branch, ANM–120S, FAA, airplanes and any potential safety risks Continental Airlines (CAL) notes that
Seattle Aircraft Certification Office, associated with such scribe lines. As a Table 5 (paragraph 1.E.) of the service
1601 Lind Avenue SW., Renton, result of these efforts, we might consider bulletin specifies inspections for scribe
Washington 98057–3356; telephone similar rulemaking on other airplanes. lines on approved repairs in Zone C but
(425) 917–6450; fax (425) 917–6590. Pending the inspection results provides no limited return to service
SUPPLEMENTARY INFORMATION: provided in the reports required by this (LRTS) program if scribe lines are
AD, we might consider further found. CAL notes that these inspections
Examining the Docket rulemaking to require inspections on will be required much earlier than other
You may examine the AD docket on Model 757–300 airplanes. And we are inspections in the program. Due to their
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the Internet at http://dms.dot.gov or in considering similar rulemaking for urgent nature, these inspections will be
person at the Docket Operations office Boeing Model 747 airplanes. We have required to be done in a line
between 9 a.m. and 5 p.m., Monday already issued an AD for all Boeing maintenance environment, instead of a
through Friday, except Federal holidays. Model 737–100, –200, –200C, –300, longer span heavy check. CAL
The Docket Operations office (telephone –400, and –500 series airplanes (AD concludes that the lack of a readily

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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 60245

available approved LRTS for any scribe affected airplanes to continue to safely strip the paint, and yet allow the
lines found during these inspections operate before the inspections are done. detection of cracks before they reach an
would have a significantly negative Since maintenance schedules vary unacceptable length, thereby providing
impact on its operation. CAL believes among operators, there would be no an acceptable level of safety. NWA adds
that typical scribe lines found on such assurance that the airplane would be that these procedures would delay the
repairs should have an approved LRTS inspected during the maximum interval unsightly stripping of selected lap splice
for several reasons. No scribe lines on if we were to allow operators the option areas on an airplane until repainting the
approved repairs have resulted in cracks of inspecting at the next C-check. We entire fuselage was necessary.
on the Model 757 fleet. Approved have not changed the final rule We disagree with the request. The fay
repairs on Model 757 skins would by regarding this issue. surface sealant in the lap joints
definition include enough static significantly attenuates the ultrasonic
Request for Repair Instructions signal, and would affect the accuracy of
strength to contain the damage to the
local area, as well as damage tolerance Air Transport Association (ATA), on the inspection results. This assessment
analysis as mandated by section 25.571 behalf of its member American Airlines, has been coordinated with Boeing.
of the Federal Aviation Regulations (14 requests that repair instructions be Further, ultrasonic inspections can
CFR 25.571). Even if analysis is not included in the service bulletin because detect only cracks—not scribe lines. We
ready for such repairs, CAL suggests requiring FAA approval of each specific have not changed the final rule
imposing the most conservative repair adds undue complexity and delay regarding this issue. However,
inspection interval of 250 flight cycles, to the process. paragraph (j) of the final rule provides
as specified in the Model 737 LRTS We disagree. Each repair will likely be operators the opportunity to request an
program, so that an airline could unique and tailored for specific alternative method of compliance if the
continue its operation until a more conditions. It would be impossible to request includes data that prove that the
permanent disposition can be approved identify repairs that would adequately new method would provide an
by Boeing and the FAA. address all possible findings in all acceptable level of safety.
We disagree. Providing repair possible locations. We have not changed
Request for Alternative Inspection
instructions in the service bulletin for the final rule regarding this issue.
Method: Parts 9 and 10
all possible repair conditions is not
Request To Clarify Compliance Times Northwest Airlines (NWA) requests
feasible. The LRTS program must be
customized for individual repair ATA, on behalf of American Airlines, that we revise the proposed
configurations. For Zone C, the service considers the compliance time requirements for the scribe line
bulletin specifies contacting Boeing for information specified in the NPRM inspection and LRTS program (Part 9
additional analysis and an LRTS vague and requests that we revise the and Part 10, respectively, of the service
program. We have not changed the final NPRM to simply state that the bulletin). Part 9 and Part 10 specify
rule regarding this issue. compliance times specified in the surface high frequency eddy current
service bulletin will be mandated by the (HFEC) inspections from the butt joint
Request To Revise LRTS Inspection AD. forward of the affected scribe line to the
Interval We disagree with the need to clarify butt joint aft of the affected scribe line,
Because no cracking has been found the compliance times in the NPRM. using the Boeing 757 NDT, Part 6, 51–
on Model 757 airplanes, American Paragraph 1.E. is the standard location 00–01 or 757 NDT, Part 6, 51–00–19 if
Airlines requests that we relax the of compliance time information in a the scribe line is greater than 0.063 inch
proposed interval for the LRTS service bulletin. The NPRM specified from the lower edge of the upper skin.
inspections. First, the commenter doing the actions ‘‘within the applicable NWA reports that Boeing has indicated
requests that we revise the NPRM to times specified in paragraph 1.E. of the that the HFEC inspection procedure
allow operators to inspect at the next service bulletin.’’ The times specified in local to scribe lines greater than 0.063
scheduled C-check (as an option to the the service bulletin are clear and inch from the lower edge of the upper
proposed flight-cycle interval). Second, specific. We have not changed the final skin would be structurally satisfactory if
the commenter requests that subsequent rule regarding this issue. an ultrasonic inspection specified in the
inspections be done within an 757 NDT Manual, Part 4, 53–00–01 or
applicable flight-cycle interval, or at the Request for Alternative Inspection 53–00–02 is accomplished from the butt
next scheduled C-check after the last Method: Zones A and B joint forward of the affected scribe line
LRTS inspection. Third, the commenter Northwest Airlines (NWA) requests to the butt joint aft of the affected scribe
requests that we extend the interval for an alternative inspection method for the line. In addition, NWA understands that
an LRTS inspection, which includes the inspections specified in the NPRM for an AMOC to AD 2006–07–12 has been
decal inspection area in Zone C, from the lap joints and external repairs in granted for Model 737 airplanes for a
1,000 flight cycles, which the Zones A and B. NWA’s proposal would similar inspection technique. This
commenter finds overly frequent, to allow operators to do an ultrasonic process reduces the area required to be
1,500 flight cycles, which is in line with phased-array inspection without inspected using pencil probes and will
the other intervals for similar inspection stripping the paint from the affected reduce the time required for inspection.
areas. locations, and eventually (before 50,000 NWA requests that we revise the NPRM
We disagree with the requests. The total flight cycles or at the next to include the alternative inspection
intervals were developed by Boeing in scheduled fuselage paint removal, instead of considering this option only
conjunction with the Model 757 whichever occurs first) stripping the through the AMOC process.
scribeline working group based on paint from affected locations and We partially agree with this request.
analysis and technical evaluations to inspecting for scribe lines as specified While Model 737 airplanes use the
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reflect the Model 757’s unique in the service bulletin. (The ultrasonic ultrasonic inspection from the butt joint
construction details and stresses. We phased-array inspection is described in forward to the butt joint aft of the
have determined that the proposed the Boeing 757 NDT Manual, Part 4, affected scribe line, and a HFEC
compliance times represent the Section 53–00–02.) NWA believes that inspection local to scribe lines greater
maximum intervals allowable for its proposal would eliminate the need to than 0.063 inch from the lower edge of

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60246 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations

the upper skin, this technique has not identify the appropriate Group for substantiate that reassigning these
yet been confirmed to be acceptable for converted airplanes; omit the inspection airplanes to Group 6 would be
use on Model 757 airplanes. We are area for decals forward of BS 661, where appropriate and provide an acceptable
working with Boeing to determine if this a new panel was installed during level of safety. We have not changed the
inspection technique can be used on the conversion; omit the inspection of the final rule regarding this issue.
Model 757 airplanes. If this technique is butt joint at BS 660; and define the
Conclusion
acceptable, a fleetwide AMOC might be areas, compliance times, and damage
issued to allow this technique. We have limits for the inspection of the upper We have carefully reviewed the
not changed the final rule regarding this skins for decals aft of BS 660. According available data, including the comments
issue. to FedEx, providing these conditions in received, and determined that air safety
the AD instead of an AMOC would be and the public interest require adopting
Request for Provisions for Converted
more expeditious. the AD as proposed.
Airplanes
We disagree with the request. FedEx
Costs of Compliance
FedEx reports that it will convert provided no details of the conversion
about 90 passenger airplanes into modification, so we cannot evaluate the There are about 945 airplanes of the
special freighters. FedEx considers these merits of the claim that these airplanes affected design in the worldwide fleet;
airplanes, after conversion, to most are similar to Group 6 airplanes. of these, about 634 are U.S.-registered
closely resemble Group 6 airplanes, as However, under the provisions of airplanes. The following table provides
that Group is defined in the service paragraph (j) of the final rule, we may the estimated costs for U.S. operators to
bulletin. FedEx requests that we revise approve requests for airplane group comply with this AD. There are no U.S.-
the NPRM to do the following: Consider reassignments, if details of the registered airplanes in Group 5 or Group
possible prorated compliance times; modification are provided that would 6.

ESTIMATED COSTS
Average Number of
Cost per
Inspections Work hours labor rate U.S.-registered Fleet cost
airplane
per hour airplanes

Group 1 .......................................................................... 127 $80 $10,160 144 $1,463,040


Group 2 .......................................................................... 122 80 9,760 6 58,560
Group 3 .......................................................................... 154 80 12,320 75 924,000
Group 4 .......................................................................... 128 80 10,240 409 4,188,160

Authority for This Rulemaking responsibilities among the various PART 39—AIRWORTHINESS
levels of government. DIRECTIVES
Title 49 of the United States Code
specifies the FAA’s authority to issue For the reasons discussed above, I
certify that this AD: ■ 1. The authority citation for part 39
rules on aviation safety. Subtitle I, continues to read as follows:
Section 106, describes the authority of (1) Is not a ‘‘significant regulatory
the FAA Administrator. Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701.
action’’ under Executive Order 12866;
Aviation Programs, describes in more (2) Is not a ‘‘significant rule’’ under § 39.13 [Amended]
detail the scope of the Agency’s DOT Regulatory Policies and Procedures
authority. ■ 2. The Federal Aviation
(44 FR 11034, February 26, 1979); and
We are issuing this rulemaking under Administration (FAA) amends § 39.13
(3) Will not have a significant by adding the following new
the authority described in Subtitle VII,
economic impact, positive or negative, airworthiness directive (AD):
Part A, Subpart III, Section 44701,
on a substantial number of small entities 2007–19–07 Boeing: Amendment 39–15198.
‘‘General requirements.’’ Under that
section, Congress charges the FAA with under the criteria of the Regulatory Docket No. FAA–2007–27560;
promoting safe flight of civil aircraft in Flexibility Act. Directorate Identifier 2006–NM–211–AD.
air commerce by prescribing regulations We prepared a regulatory evaluation Effective Date
for practices, methods, and procedures of the estimated costs to comply with (a) This AD becomes effective November
the Administrator finds necessary for this AD and placed it in the AD docket. 28, 2007.
safety in air commerce. This regulation See the ADDRESSES section for a location
is within the scope of that authority Affected ADs
to examine the regulatory evaluation.
because it addresses an unsafe condition (b) None.
that is likely to exist or develop on List of Subjects in 14 CFR Part 39
Applicability
products identified in this rulemaking Air transportation, Aircraft, Aviation (c) This AD applies to Boeing Model 757–
action. safety, Incorporation by reference, 200, –200PF, and –200CB series airplanes,
Regulatory Findings Safety. certificated in any category; as identified in
Boeing Service Bulletin 757–53A0092,
We have determined that this AD will Adoption of the Amendment Revision 1, dated January 10, 2007.
not have federalism implications under Unsafe Condition
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Executive Order 13132. This AD will ■ Accordingly, under the authority


(d) This AD results from reports of scribe
not have a substantial direct effect on delegated to me by the Administrator,
lines adjacent to the fuselage skin lap joints.
the States, on the relationship between the FAA amends 14 CFR part 39 as We are issuing this AD to detect and correct
the national government and the States, follows: cracks, which could grow and cause rapid
or on the distribution of power and decompression of the airplane.

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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 60247

Compliance by this AD, unless the AD specifies Docket No. FAA–2007–27911 was
(e) You are responsible for having the otherwise. The Director of the Federal published in the Federal Register (72
actions required by this AD performed within Register approved the incorporation by FR 50046), establishing Class E airspace
the compliance times specified, unless the reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. in Hailey, ID. The longitude referencing
actions have already been done. Friedman Memorial Airport, ID was
Contact Boeing Commercial Airplanes, P.O.
Inspections Box 3707, Seattle, Washington 98124–2207, incorrect in that the longitude stated
(f) Perform detailed inspections to detect for a copy of this service information. You ‘‘* * *114°17′45″ W.’’ instead of
scribe lines and cracks of the fuselage skin, may review copies at the FAA, Transport ‘‘* * *long.114°17′44″ W.’’ This action
lap joints, circumferential butt splice strap, Airplane Directorate, 1601 Lind Avenue, corrects that error.
and external and internal approved repairs; SW., Renton, Washington; or at the National
and perform related investigative and Archives and Records Administration Correction to Final Rule
corrective actions. Do the actions in (NARA). For information on the availability
accordance with the Accomplishment of this material at NARA, call 202–741–6030, ■ Accordingly, pursuant to the authority
Instructions of Boeing Service Bulletin 757– or go to http://www.archives.gov/federal- delegated to me, the legal description as
53A0092, Revision 1, dated January 10, 2007, register/cfr/ibr-locations.html.
published in the Federal Register on
except as required by paragraph (g) of this Issued in Renton, Washington, on October August 30, 2007 (72 FR 50046),
AD. Do the actions within the applicable 15, 2007.
compliance times specified in paragraph 1.E. Airspace Docket No. 07–ANM–8, FAA
Ali Bahrami, Docket No. FAA–2007–27911, and
of the service bulletin, except as required by
paragraph (h) of this AD. Manager, Transport Airplane Directorate, incorporated by reference in 14 CFR
Aircraft Certification Service.
Exceptions to Service Bulletin Specifications 71.1, is corrected as follows:
[FR Doc. E7–20816 Filed 10–23–07; 8:45 am]
(g) Where Boeing Service Bulletin 757– BILLING CODE 4910–13–P § 71.1 [Amended]
53A0092, Revision 1, dated January 10, 2007,
specifies to contact Boeing for appropriate ■ On page 50047, correct the legal
repair instructions, repair using a method DEPARTMENT OF TRANSPORTATION description for Hailey, ID, to read as
approved in accordance with the procedures follows:
specified in paragraph (j) of this AD. Federal Aviation Administration
(h) Boeing Service Bulletin 757–53A0092, Paragraph 6005 Class E airspace areas
Revision 1, dated January 10, 2007, specifies extending upward from 700 feet or more
compliance times relative to the date of 14 CFR Part 71 above the surface of the earth.
issuance of the service bulletin; however, this [Docket FAA No. FAA–2007–27911; * * * * *
AD requires compliance before the specified Airspace Docket No. 07–ANM–8]
compliance time relative to the effective date ANM ID, E5 Hailey, ID [Corrected]
of the AD. Establishment of Class E Airspace; Friedman Memorial Airport, ID
Credit for Prior Accomplishment Hailey, ID (lat. 43°30′14″ N., long. 114°17′44″ W.)
(i) Inspections done before the effective That airspace extending upward from 700
AGENCY: Federal Aviation
date of this AD in accordance with Boeing feet above the surface within a 5.5-mile
Administration (FAA), DOT.
Alert Service Bulletin 757–53A0092, dated radius of Friedman Memorial Airport, and
ACTION: Final rule; correction. within 2 miles west and 5.5 miles east of the
September 18, 2006, are acceptable for
compliance with the corresponding SUMMARY: This action corrects a final 328° bearing from the airport extending from
requirements of paragraph (f) of this AD. rule published in the Federal Register the 5.5-mile radius to 10 miles northwest of
Alternative Methods of Compliance August 30, 2007 (72 FR 50046), the airport, and within 2 miles west and 4
(AMOCs) Airspace Docket No. 07–ANM–8, FAA miles east of the 159° bearing from the airport
Docket No. FAA–2007–27911. In that extending from the 5.5-mile radius to 15.5
(j)(1) The Manager, Seattle Aircraft
miles southeast of the airport; that airspace
Certification Office (ACO), FAA, has the rule, an error was made in the legal
authority to approve AMOCs for this AD, if extending upward from 1,200 feet above the
description for Hailey, ID. Specifically,
requested in accordance with the procedures surface bounded by a line beginning at lat.
the longitude referencing Friedman
found in 14 CFR 39.19. 44°00′00″ N., long. 114°55′00″ W., thence to
Memorial Airport, ID stated ‘‘* * *long.
(2) To request a different method of lat. 44°00′00″ N., long. 113°53′00″ W., thence
114°17′45″ W.’’ instead of
compliance or a different compliance time to lat. 43°00′00″ N., long. 113°49′00″ W.,
for this AD, follow the procedures in 14 CFR
‘‘* * *long.114°17′44″ W.’’ This action
thence to lat. 43°00′00″ N., long. 114°55′00″
39.19. Before using any approved AMOC on corrects that error. W., thence to point of beginning.
any airplane to which the AMOC applies, DATES: Effective Date: 0901 UTC,
notify your appropriate principal inspector December 20, 2007. The Director of the * * * * *
(PI) in the FAA Flight Standards District Federal Register approves this Issued in Seattle, Washington, on October
Office (FSDO), or lacking a PI, your local incorporation by reference action under 5, 2007.
FSDO. 1 CFR part 51, subject to the annual Clark Desing,
(3) An AMOC that provides an acceptable
revision of FAA Order 7400.9 and Manager, System Support Group, Western
level of safety may be used for any repair
required by this AD, if it is approved by an publication of conforming amendments. Service Center.
Authorized Representative for the Boeing FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–20796 Filed 10–23–07; 8:45 am]
Commercial Airplanes Delegation Option Eldon Taylor, Federal Aviation BILLING CODE 4910–13–P
Authorization Organization who has been Administration, System Support Group,
authorized by the Manager, Seattle ACO, to Western Service Area, 1601 Lind
make those findings. For a repair method to Avenue, SW., Renton, WA 98057;
be approved, the repair must meet the telephone (425) 917–6726.
certification basis of the airplane.
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SUPPLEMENTARY INFORMATION:
Material Incorporated by Reference
History
(k) You must use Boeing Service Bulletin
757–53A0092, Revision 1, dated January 10, On August 30, 2007, a final rule for
2007, to perform the actions that are required Airspace Docket No. 07–ANM–8, FAA

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