
[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Rules and Regulations]               
[Page 66743-66745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no08-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0151; Directorate Identifier 2007-NM-347-AD; 
Amendment 39-15708; AD 2008-22-12]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 727 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 727 airplanes. This AD requires repetitive inspections for 
any crack in the area of the elevator side fitting/hinge fitting joint 
and for any crack or elongation inside and outside of the holes in the 
clevis and in the lug, corrective actions if necessary, and other 
specified actions. This AD results from reports of elongated holes and 
cracks found in the lugs of the attachment fittings of the elevator 
quadrant upper support assembly at the tip of the vertical fin. We are 
issuing this AD to detect and correct damage to the aft attachment lugs 
of the elevator quadrant support assembly that could lead to failure of 
the lugs. This condition could accelerate wear elsewhere in the 
elevator control system, which could reduce the crew's ability to 
maintain safe flight.

DATES: This AD is effective December 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 17, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; e-mail DDCS@boeing.com; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
917-6577; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    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 Boeing Model 727 airplanes. That NPRM was published in the Federal 
Register on February 8, 2008 (73 FR 7489). That NPRM proposed to 
require repetitive inspections for any crack in the area of the 
elevator side fitting/hinge fitting joint and for any crack or 
elongation inside and outside of the holes in the clevis and in the 
lug, corrective actions if necessary, and other specified actions.

Comments

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

Support for the NPRM

    Boeing concurs with the NPRM.

Request To Extend Compliance Time

    FedEx requests that we extend the compliance time from 18 months to 
30 months for doing the initial inspections of the side and hinge 
fittings of the elevator control quadrant upper support assembly. FedEx 
states that, prior to issuance of the AD, it will take immediate action 
to accomplish the inspections within the required timetable, but that 
the 18-month compliance time will likely cause FedEx to do the 
inspections outside of scheduled heavy maintenance. FedEx, therefore, 
requests an extension of the compliance time, so that it may accomplish 
the initial inspections for its entire fleet during its next scheduled 
C-check. FedEx states that it prefers to do the inspections at a 
maintenance facility during a scheduled heavy maintenance check because 
of the difficulty associated in providing safe and adequate access to 
the inspection areas, the availability of the requisite tooling, and 
the presence of skilled mechanics.
    FedEx also requests that we extend the calendar time from 24 months 
to 30 months for doing the repetitive inspections. (The NPRM proposed 
accomplishing those inspections within 24 months, 4,000 flight hours, 
or 3,000 flight cycles, whichever occurs first.) FedEx states that an 
increase in calendar time should provide an equivalent level of safety 
because it operates its airplanes at a low, daily-utilization rate, 
thereby, keeping the flight cycle and flight hour count significantly 
below the proposed requirement, even after 30 months of calendar time 
has elapsed. FedEx also states that increasing the calendar time for 
the repetitive inspections in this way will allow FedEx to accomplish 
the inspections within its heavy maintenance schedule.
    We disagree with the FedEx's request to extend the compliance times 
for the initial inspection and repetitive interval.

[[Page 66744]]

In developing appropriate compliance times for these actions, we 
considered the urgency associated with the subject unsafe condition, 
the average utilization rate of the affected fleet, and the practical 
aspect of accomplishing the required actions within a period of time 
that corresponds to the normal scheduled maintenance for most affected 
operators. Although FedEx did not submit any technical data to support 
its request, its airplane utilization rate might possibly support an 
extension in the compliance time. However, FedEx's airplane utilization 
rate might not be typical for most operators, and we believe that the 
required compliance times specified in the referenced service bulletins 
coincides with most operators' utilization rates. If FedEx's airplane 
utilization rate and maintenance program for the inspection area prove 
that the new compliance time would provide an acceptable level of 
safety, FedEx may apply for an AMOC according to the provisions in 
paragraph (i) of this AD. We have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 401 airplanes of U.S. registry. We 
also estimate that it takes about 2 work-hours per product to comply 
with this AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of this AD to the U.S. operators to 
be $64,160, or $160 per product, per inspection cycle.

Authority for This Rulemaking

    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.

Regulatory Findings

    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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

    2008-22-12 Boeing: Amendment 39-15708. Docket No. FAA-2008-0151; 
Directorate Identifier 2007-NM-347-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 17, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 727, 727C, 727-100, 727-
100C, 727-200, and 727-200F series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from reports of elongated holes and cracks 
found in the lugs of the attachment fittings of the elevator 
quadrant upper support assembly at the tip of the vertical fin. We 
are issuing this AD to detect and correct damage to the aft 
attachment lugs of the elevator quadrant support assembly that could 
lead to failure of the lugs. This condition could accelerate wear 
elsewhere in the elevator control system, which could reduce the 
crew's ability to maintain safe flight.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Repetitive Inspections and Corrective/Other Specified Actions

    (f) At the applicable compliance times specified in paragraph 
1.E. of Boeing Special Attention Service Bulletin 727-55-0092, dated 
June 4, 2007, except as provided by paragraph (g) of this AD: Do the 
detailed inspection for any crack in the area of the elevator side 
fitting/hinge fitting joint, detailed inspections for elongation 
inside and outside of the holes in the clevis and in the lug, and 
high frequency eddy current (HFEC) inspections for any crack inside 
and outside of the holes in the clevis and in the lug, and do all 
the applicable corrective actions and other specified actions, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of the service bulletin, except as 
provided by paragraph (h) of this AD. Repeat the inspections 
thereafter at the applicable intervals specified in paragraph 1.E. 
of the service bulletin. Accomplishing the repair or modification 
specified in Part 3 of the service bulletin terminates only the 
repetitive inspections specified in Part 2 of the service bulletin.

Exceptions to Compliance Times

    (g) Where paragraph 1.E. of Boeing Special Attention Service 
Bulletin 727-55-0092, dated June 4, 2007, specifies counting the 
compliance time from ``. . . the date on this service bulletin,'' 
this AD requires counting the compliance time from the effective 
date of this AD. Where paragraph 1.E. of the service bulletin 
specifies a compliance time of ``. . . 18 months . . . '' or ``24 
months . . .,'' this AD requires a compliance time of 30 months.

Exception to Corrective Actions

    (h) If any damage beyond the repair limits or any crack is found 
in the area of the elevator side fitting/hinge fitting joint during 
any inspection required by this AD, and Boeing Special Attention 
Service Bulletin 727-55-0092, dated June 4, 2007, specifies to 
contact Boeing for appropriate action: Before further flight, repair 
the crack using a method approved in accordance with the procedures 
specified in paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-
120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6577; fax (425) 917-6590; has the

[[Page 66745]]

authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
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.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 727-
55-0092, dated June 4, 2007, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207; telephone 206-544-9990; fax 206-766-5682; e-mail 
DDCS@boeing.com; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25686 Filed 11-10-08; 8:45 am]

BILLING CODE 4910-13-P
