[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50692-50695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23506]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1363; Directorate Identifier 2008-NM-104-AD;
Amendment 39-16032; AD 2009-20-09]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 767-200, -300, and -300F series airplanes. This AD
requires repetitive inspections for fatigue cracking and corrosion of
the upper link
[[Page 50693]]
fuse pin of the nacelle struts, and related investigative and
corrective actions if necessary. This AD also provides terminating
action for the repetitive inspections. This AD results from two reports
of cracked upper link fuse pins. We are issuing this AD to prevent
fatigue cracking or corrosion of the upper link fuse pin, which could
result in failure of the fuse pin and consequent reduced structural
integrity of the nacelle strut and possible separation of the strut and
engine from the airplane during flight.
DATES: This AD is effective November 5, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 5,
2009.
ADDRESSES: 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 [email protected];
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
(ACO), 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
certain Boeing Model 767-200, -300, and -300F series airplanes. That
NPRM was published in the Federal Register on January 12, 2009 (74 FR
1155). That NPRM proposed to require repetitive inspections for fatigue
cracking and corrosion of the upper link fuse pin of the nacelle
struts, and related investigative and corrective actions if necessary.
That NPRM also proposed to provide terminating action for the
repetitive inspections.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the AD
Boeing concurs with the content of the NPRM. Air Transport
Association (ATA) on behalf of its members Delta Airlines and United
Airlines (UAL) agrees with the intent of the NRPM, and provides the
following recommendations from its members.
Request to Add a Note of Clarification
Delta asks that we revise the NPRM to include a note in the AD
which specifies that the upper link inspections can be done with the
pylon and/or engine in any position. Delta states that Boeing Alert
Service Bulletin 767-54A0074, Revision 1, dated April 24, 2008,
specifies doing a visual inspection with ``the fuse pin in place,
without engine removal and strut removal.'' Delta notes that there are
times when engines or pylons are removed for other reasons, and it
would prefer not to wait until the engine and strut are reinstalled.
Delta states that the procedures specified in Boeing Alert Service
Bulletin 767-54A0074, Revision 1, dated April 24, 2008, allow fuse pin
inspections with the engines and pylons in any position. Delta adds
that related service information, Boeing Telex 1-1154785301, dated
January 21, 2009 (released after the NPRM was issued), specifies that
the upper link inspections can be done with the pylon and/or engine in
any position.
We agree with the commenter's request. For the reasons provided by
Delta, we have included a new Note 1 after paragraph (f) of this AD to
specify that the upper link inspections can be done with the pylon and/
or engine in any position.
Request to Define ``References''
Delta asks that we revise the NPRM to include a note to clarify
that the ``References'' column in the table in Figure 2 of Boeing Alert
Service Bulletin 767-54A0074, Revision 1, dated April 24, 2008, should
be treated as ``refer to'' material (which is information that provides
guidance for using related procedures), as defined in Note 9 of
paragraph 3.A. of that service bulletin. Delta points out that the
procedures in Boeing Telex 1-1154785301, dated January 21, 2009,
specify that the airplane maintenance manual (AMM) and standard
operating procedures manual (SOPM) are identified in the ``References''
column of that table as ``refer to'' material so that operator
equivalent procedures may be used.
We agree that the material in the ``References'' column in the
table in Figure 2 of Boeing Alert Service Bulletin 767-54A0074,
Revision 1, dated April 24, 2008, refers to the procedures in the
specified manuals and should be treated as guidance for using related
procedures. However, to add a note to this AD could be confusing
because none of the paragraphs in the AD refer to the procedures in
those manuals. Therefore, we have made no change to the AD in this
regard.
Request to Add a Note Clarifying Application of Primer
Delta asks that we revise the NPRM to include a note to clarify
that re-application of primer in accordance with Steps 4.b.(1) and
4.b.(2) of the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-54A0074, Revision 1, dated April 24, 2008, is necessary
only to touch up bare areas of the fuse pin. Delta states that
paragraph 3.B, Step 4.b., of the Accomplishment Instructions of Boeing
Alert Service Bulletin 767-54A0074, Revision 1, dated April 24, 2008,
specifies applying two coats of Boeing Material Specification (BMS) 10-
11 primer after each inspection if no cracks are found during the
inspection. Delta notes that the procedure does not specify ``touching
up primer'' but rather applying two coats each time. Delta adds that
since the repeat inspection interval is much shorter, the fuse pin will
have ten coats of primer built up over the next ten years, and asserts
that the inspection cannot be done through ten coats of primer. Delta
points out that Boeing has confirmed in Boeing Telex 1-1154785301,
dated January 21, 2009, that two coats of primer are required only to
touch up bare areas on the fuse pin.
We agree that clarification is necessary for the reasons provided
by Delta. We have included a new Note 2 after paragraph (f) of this AD
to specify that two coats of primer are necessary only to touch up bare
areas of the fuse pin.
Request to Provide Credit for Inspections Done Using Previous Service
Information
UAL asks that operators be given credit for inspections done before
the effective date of the AD in accordance with Boeing Service Bulletin
767-54-0074, dated March 27, 1997. UAL notes
[[Page 50694]]
that paragraph (h) of the NPRM provides credit for the replacement of
fuse pins done in accordance with Boeing Service Bulletin 767-54-0074,
dated March 27, 1997, but does not provide credit for the inspections,
even though the procedures in the original issue and Revision 1 of the
service bulletin are the same.
We agree with the commenter. We have confirmed that inspections
done before the effective date of this AD in accordance with Boeing
Service Bulletin 767-54-0074, dated March 27, 1997, are acceptable for
compliance with the inspection requirements of paragraph (f) of this
AD. However, we point out that Boeing Service Bulletin 767-54-0074,
dated March 27, 1997, allows the use of operator's equivalent
procedures, which Boeing Service Bulletin 767-54-0074, Revision 1,
dated April 24, 2008, does not allow. Therefore, we have revised
paragraph (h) of this AD to give credit for inspections done before the
effective date of this AD in accordance with Boeing Service Bulletin
767-54-0074, dated March 27, 1997, provided that the inspection was not
done using operator's equivalent procedures.
Request to Clarify Certain Language in Paragraph (h) of the NPRM
UAL suggests that paragraph (h) of the NPRM be revised to clarify
the meaning of ``corresponding requirements.'' UAL states that
paragraph (h) of the NPRM specifies that replacement of the fuse pins
in accordance with Boeing Service Bulletin 767-54-0074, dated March 27,
1997, is acceptable for compliance with the ``corresponding
requirements'' of this AD. UAL notes that the phrase ``for compliance
with the `corresponding requirements' of this AD'' is very vague.
We agree that clarification is necessary for the reasons provided
by the commenter. We have changed paragraph (h) of this AD to refer to
paragraph (f) of this AD for the inspections and paragraph (g) of this
AD for the modification.
Request to Extend Grace Period
Aeroflot asks that we increase the grace period for the inspections
so that operators can prepare for accomplishment of the requirements in
the AD. Aeroflot states that it is convenient to plan the work with
common access SC-Checks, and adds that the NPRM gives a simple C-Check
preparation period. Aeroflot states that this work has an economic
impact with the time used in preparation and gaining access.
We do not agree with the commenter's request. In developing an
appropriate compliance time for this AD, we considered not only the
safety implications, but the manufacturer's recommendations, and the
practical aspect of accomplishing the actions within an interval of
time that corresponds to typical scheduled maintenance for affected
operators. However, under the provisions of paragraph (i) of this AD,
we may consider requests for adjustments to the compliance time if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety. We have made no change to 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 with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 354 airplanes of U.S. registry. We
also estimate that it will take 4 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
$113,280, or $320 per product.
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:
2009-20-09 Boeing: Amendment 39-16032. Docket No. FAA-2008-1363;
Directorate Identifier 2008-NM-104-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 5,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 767-200, -300, and -300F
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April
24, 2008.
Unsafe Condition
(d) This AD results from two reports of cracked upper link fuse
pins. We are issuing this AD to prevent fatigue cracking or
corrosion of the upper link fuse pin, which could result in failure
of the fuse pin and consequent reduced structural integrity of the
nacelle strut and possible separation of the strut and engine from
the airplane during flight.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
[[Page 50695]]
Initial and Repetitive Inspections/Investigative and Corrective Actions
(f) Inspect the upper link fuse pin of the nacelle struts for
fatigue cracking and corrosion at the applicable time specified in
Table 1 of this AD. Do the applicable inspection by doing all the
applicable actions specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April
24, 2008; and do all applicable related investigative and corrective
actions before further flight. Repeat the applicable inspection at
intervals not to exceed 3,000 flight cycles or 24 months, whichever
is first, until the requirements of paragraph (g) of this AD have
been done.
Table 1--Compliance Times
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At the later of:
Engine type initial inspection Grace period
threshold
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JT9D........................ 14,000 total flight Within 3,000 flight
cycles. cycles or 18 months
after the effective
date of this AD,
whichever is first.
CF6-80A..................... 24,000 total flight Within 3,000 flight
cycles. cycles or 18 months
after the effective
date of this AD,
whichever is first.
PW4000...................... 8,000 total flight Within 3,000 flight
cycles. cycles or 18 months
after the effective
date of this AD,
whichever is first.
CF6-80C2.................... 10,000 total flight Within 3,000 flight
cycles. cycles or 18 months
after the effective
date of this AD,
whichever is first.
RB211....................... 24,000 total flight Within 3,000 flight
cycles. cycles or 18 months
after the effective
date of this AD,
whichever is first.
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Note 1: The upper link inspections can be done with the pylon
and/or engine in any position.
Note 2: In paragraph 3.B, Steps 4.b.(1)(a) and
4.b.(2)(b)2){a{time} of the Accomplishment Instructions of Boeing
Alert Service Bulletin 767-54A0074, Revision 1, dated April 24,
2008, the procedures specify to apply two layers of Boeing Material
Specification (BMS) 10-11 primer to the inside surface of the fuse
pin if no crack indication is found. However, two layers of primer
are only necessary to touch up bare areas on the fuse pin if no
crack indication is found.
Terminating Action in AD 2000-19-09, Amendment 39-11910, and AD 2004-
16-12, Amendment 39-13768
(g) Accomplishment of the modification specified in paragraph
(g)(1) or (g)(2) of this AD, as applicable, terminates the
inspections required by paragraph (f) of this AD.
(1) For Model 767 series airplanes powered by Rolls-Royce RB211
series engines, as identified in AD 2000-19-09: Modification of the
nacelle strut and wing structure, as required by paragraphs (a) and
(b) of AD 2000-19-09.
(2) For Model 767-200, -300, and -300F series airplanes powered
by Pratt & Whitney and General Electric engines, as identified in AD
2004-16-12: Modification of the nacelle strut and wing structure, as
required by paragraphs (a), (b), (d), and (e) of AD 2004-16-12.
Credit for Actions Done Using Previous Service Information
(h) Inspection of the fuse pins before the effective date of
this AD in accordance with Boeing Service Bulletin 767-54-0074,
dated March 27, 1997, is acceptable for compliance with the
inspections required by paragraph (f) of this AD if the inspections
are accomplished without using an operator's equivalent procedure.
Replacement of the fuse pins with new fuse pins before the effective
date of this AD in accordance with Boeing Service Bulletin 767-54-
0074, dated March 27, 1997, is acceptable for compliance with the
modification required by paragraph (g) 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
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Or, e-mail information to [email protected].
(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 Alert Service Bulletin 767-54A0074,
Revision 1, dated April 24, 2008; 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, 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
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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 September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-23506 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-13-P