Airworthiness Directives; Boeing Model 757-200, -200PF, and -200CB Series Airplanes Equipped With Pratt & Whitney or Rolls-Royce Engines, 43631-43633 [05-14685]

Download as PDF Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Rules and Regulations DC–8–73, DC–8–71F, DC–8–72F, and DC–8– 73F airplanes; certificated in any category; as identified in McDonnell Douglas Service Bulletin DC8–57–072 R03, Revision 03, dated October 2, 1995. Compliance: Required as indicated, unless accomplished previously. To prevent stress corrosion cracking in the forward tang of the upper inboard spar cap of the wing, which could result in structural damage to adjacent components of the wing and consequent reduced structural integrity of the airplane, accomplish the following: Inspection and Investigative and Other Specified Actions (a) Within 48 months after the effective date of this AD, except as provided by paragraphs (b) and (c) of this AD, perform a one-time eddy current conductivity test of the upper inboard spar cap of the wing to determine the type of material, in accordance with the Accomplishment Instructions of McDonnell Douglas Service Bulletin DC8– 57–072 R03, Revision 03, dated October 2, 1995. Although the Accomplishment Instructions of the service bulletin specify that it is necessary to remove the wing leading edge to perform this test, this AD does not require removing the wing leading edge to access the upper inboard spar cap. The conductivity test can be accomplished through the access panels on the lower surface of the wing leading edge, through the main fuel tank, or through the fuselage at station 680, as applicable. (1) If the test reveals that the upper inboard spar cap is made from 7075–T73 material (as defined in the service bulletin): No further action is required by this paragraph. (2) If the test reveals that the upper inboard spar cap is made from 7079–T6 material: Within 48 months after the effective date of this AD, except as provided by paragraph (c) of this AD, accomplish the modification specified in the service bulletin, in accordance with the Accomplishment Instructions of the service bulletin. The procedures specified in the service bulletin include determining the condition that applies, trimming the forward tang of the upper inboard spar cap, installing a spar cap angle doubler and stiffener clips, installing wing upper surface doublers, and trimming the front spar stiffeners, as applicable. Group 2 Airplanes: Waiver of Conductivity Test (b) For airplanes in Group 2 as defined by McDonnell Douglas Service Bulletin DC8– 57–072 R03, Revision 03, dated October 2, 1995: In lieu of accomplishing the one-time eddy current conductivity test to determine the material of the upper inboard spar cap of the wing required by paragraph (a) of this AD, accomplishing the modification in paragraph (a)(2) of this AD within the compliance time specified in that paragraph is acceptable for compliance with this AD. Group 3 Airplanes: Inspection and Modification (c) For airplanes in Group 3 as defined by McDonnell Douglas Service Bulletin DC8– 57–072 R03, Revision 03, dated October 2, 1995: The actions specified by paragraph (a) of this AD are not required until the actions VerDate jul<14>2003 14:10 Jul 27, 2005 Jkt 205001 specified in McDonnell Douglas DC–8 Service Bulletin 57–30 are accomplished. If the actions specified in McDonnell Douglas DC–8 Service Bulletin 57–30 have not been accomplished before the effective date of the AD, the actions required by paragraph (a) of this AD must be accomplished concurrent with McDonnell Douglas DC–8 Service Bulletin 57–30 (if McDonnell Douglas DC–8 Service Bulletin 57–30 is accomplished), or within 48 months after the effective date of this AD, whichever is later. If the actions specified in McDonnell Douglas DC–8 Service Bulletin 57–30 have been accomplished before the effective date of the AD, the actions required by paragraph (a) of this AD must be accomplished within 48 months after the effective date of this AD. Accomplishing Certain Actions Constitutes Compliance With AD 90–16–05 (d) Accomplishment of the action(s) required by this AD constitutes compliance with the inspections required by paragraph A. of AD 90–16–05, amendment 39–6614, as it pertains to McDonnell Douglas DC–8 Service Bulletin 57–72, Revision 2, dated July 16, 1971; and McDonnell Douglas DC– 8 Service Bulletin 57–34, Revision 3, dated December 29, 1970. Accomplishment of the actions required by this AD does not terminate the remaining requirements of AD 90–16–05 as it applies to other service bulletins; operators are required to continue to inspect and/or modify in accordance with the other service bulletins listed in that AD. Alternative Methods of Compliance (e)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, is authorized to approve alternative methods of compliance (AMOC) for this AD. (2) 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 Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make such 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. Incorporation by Reference (f) Unless otherwise specified in this AD, the actions must be done in accordance with McDonnell Douglas Service Bulletin DC8– 57–072 R03, Revision 03, dated October 2, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of this service information, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024). To inspect copies of this service information, go to the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or to the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California; or to the National Archives and Records Administration (NARA). For information on PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 43631 the availability of this material at the NARA, call (202) 741–6030, or go to http://www. archives.gov/federal_register/code_of_federal _regulations/ibr_locations.html. Effective Date (g) This amendment becomes effective on September 1, 2005. Issued in Renton, Washington, on July 20, 2005. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–14684 Filed 7–27–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20138; Directorate Identifier 2004–NM–167–AD; Amendment 39–14204; AD 2005–15–15] RIN 2120–AA64 Airworthiness Directives; Boeing Model 757–200, –200PF, and –200CB Series Airplanes Equipped With Pratt & Whitney or Rolls-Royce Engines Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757–200, –200PF, and –200CB series airplanes. This AD requires inspecting to determine the part number of the upper link forward fuse pins of the engine struts and replacing the fuse pins as necessary. This AD is prompted by a report indicating that, due to an incorrect listing in the illustrated parts catalog, persons performing maintenance on the engine strut(s) could have installed an incorrect upper link forward fuse pin. We are issuing this AD to prevent a ruptured wing box, due to the engine not separating safely during certain emergency landing conditions, which could lead to a fuel spill and consequent fire. DATES: This AD becomes effective September 1, 2005. The incorporation by reference of a certain publication listed in the AD is approved by the Director of the Federal Register as of September 1, 2005. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. Docket: The AD docket contains the proposed AD, comments, and any final E:\FR\FM\28JYR1.SGM 28JYR1 43632 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Rules and Regulations disposition. You can examine the AD docket on the Internet at http:// dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Washington, DC. This docket number is FAA–2005–20138; the directorate identifier for this docket is 2004–NM– 167–AD. FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6450; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with an AD for certain Boeing Model 757– 200, –200PF, and –200CB series airplanes. That action, published in the Federal Register on January 28, 2005 (70 FR 4050), proposed to require inspecting to determine the part number of the upper link forward fuse pins of the engine struts and replacing the fuse pins as necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been submitted on the proposed AD. Support for the Proposed AD Two commenters support the proposed AD. Request To Revise the Applicability One commenter, the manufacturer, requests that paragraph (c) of the proposed AD be changed from ‘‘Model 757–200, –200PF, and –300 series airplanes’’ to ‘‘Model 757–200, –200PF, and –200CB series airplanes.’’ The manufacturer states that the applicability is incorrect. We agree with this request. We have determined that, though the summary of the proposed AD listed the affected airplanes correctly, the applicability did not. Model 757–300 series airplanes, which fall outside the series of line numbers 1–735 listed in the service information, were included in error; while Model 757–200CB series airplanes, which are contained within line numbers 1–735, were not included. We have revised paragraph (c) of the final rule to match the summary of the final rule and the service information. VerDate jul<14>2003 14:10 Jul 27, 2005 Jkt 205001 Request for Alternative to Inspections Two commenters request that a review of maintenance records be permitted as an alternative to the inspections required in the proposed AD. One commenter states that operator maintenance records list part numbers of parts that are installed on airplanes during maintenance activities, and that such records are sufficient to satisfy the requirements of the proposed AD. We agree with this request. Operators are required to log the part numbers of all parts installed on airplanes. We have determined that, as an alternative to the inspections required by paragraph (f) of this AD, an operator may submit properly kept maintenance records to establish the parts configuration of the struts on an airplane. Therefore, we have revised paragraph (f) of this AD, inserted new paragraph (h), and reidentified the subsequent paragraphs accordingly. Request To Delete Requirement To Use Aircraft Maintenance Manual (AMM) Procedures One commenter requests that we delete paragraph (g) of the proposed AD. Paragraph (g) requires the use of AMM procedures and does not permit the use of operator equivalent procedures. The operator states that this requirement adds a level of complication with respect to compliance and is unenforceable. We do not agree with this request. On at least two occasions, operatordeveloped procedures and tools that were thought to be equivalent to AMM procedures made certain unsafe conditions more unsafe. We have determined that the installation of engine struts and components must be accomplished according to the manufacturer’s procedures. We have not changed the final rule in this regard. However, an operator may apply for an alternative method of compliance under the provisions of paragraph (j) of the final rule, if data are submitted to substantiate that an operator’s equivalent procedure would provide an acceptable level of safety. Request To Revise Fuse Pin Bore Dimensions One commenter requests that we revise the dimensions given in paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD for the inside dimensions of the fuse pin bore. The commenter states that it has reviewed the design drawings and has determined that dimensions other than those given in the proposed AD should be shown. The commenter has submitted dimensions and asserts that they are correct. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 We do not agree with this request. We have determined that the dimensions provided by the commenter do not agree with the manufacturer’s design drawings, and that the instructions shown in the proposed AD are correct. Further, the dimension of 0.850 inch shown in paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD, which is below the minimum pin bore dimension of the –1 part and above the maximum pin bore dimension of the –2 part, was specified to simplify the inspection process for all operators. We have not changed the final rule in this regard. Conclusion We have carefully reviewed the available data, including the comments that have been submitted, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 735 airplanes of the affected design in the worldwide fleet. This AD will affect about 478 airplanes of U.S. registry. The inspection will take about 1 work hour per fuse pin (2 fuse pins per airplane), at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the required actions to U.S. operators is $62,140, or $130 per airplane. Replacement of any upper link forward fuse pin, if required, will take about 26 work hours, at an average labor rate of $65 per work hour. Required parts will cost about $431. Based on these figures, the estimated cost of a replacement is $2,121 per fuse pin. 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 E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Rules and Regulations products identified in this rulemaking action. Regulatory Findings 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); 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. We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation. Unsafe Condition (d) This AD was prompted by a report indicating that, due to an incorrect listing in the illustrated parts catalog, persons performing maintenance on the engine strut(s) could have installed an incorrect upper link forward fuse pin having part number (P/N) 311N5501–2. We are issuing this AD to prevent a ruptured wing box, due to the engine not separating safely during certain emergency landing conditions, which could lead to a fuel spill and consequent fire. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection of Fuse Pin Affected ADs (b) None. (f) Within 24 months after the effective date of this AD, perform a detailed inspection to determine the P/N of the upper link forward fuse pins of the engine struts, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757–54–0048, dated May 13, 2004, except as provided in paragraphs (g) and (h) of this AD. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ (1) If the fuse pin is P/N 311N5501–1 or P/N 311N5060–1, no further action is required for that fuse pin. (2) If the fuse pin is P/N 311N5501–2, prior to further flight, replace the fuse pin with a new or serviceable fuse pin, P/N 311N5501– 1, in accordance with the Accomplishment Instructions of the service bulletin. (3) If the P/N of the fuse pin cannot be determined by inspection, use a tool such as an inside reading micrometer to determine the inside diameter (ID) of the fuse pin bore. (i) If the ID of the fuse pin bore is greater than or equal to 0.850 inch, no further action is required for that fuse pin. (ii) If the ID of the fuse pin bore is less than 0.850 inch, prior to further flight, replace the fuse pin as specified in paragraph (f)(2) of this AD. (g) Where Boeing Special Attention Service Bulletin 757–54–0048, dated May 13, 2004, permits the use of an ‘‘approved equivalent procedure’’ for access and replacement of the fuse pin(s), this AD requires that access and replacement be done in accordance with the instructions of the aircraft maintenance manual (AMM) as specified in the service bulletin. Applicability (c) This AD applies to Boeing Model 757– 200, –200PF, and –200CB series airplanes, line numbers 1 through 735 inclusive, certificated in any category; equipped with Pratt & Whitney or Rolls-Royce engines. Optional Alternative to Inspections (h) Instead of the inspections required by paragraph (f) of this AD, a review of the airplane maintenance records is acceptable if the P/N of the fuse pins can be positively determined from that review. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): I 2005–15–15 Boeing: Amendment 39–14204. Docket No. FAA–2005–20138; Directorate Identifier 2004–NM–167–AD. Effective Date (a) This AD becomes effective September 1, 2005. VerDate jul<14>2003 14:10 Jul 27, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 43633 Parts Installation (i) As of the effective date of this AD, no person may install a fuse pin, P/N 311N5501–2, on any airplane identified in the applicability of this AD. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) 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 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 (k) You must use Boeing Special Attention Service Bulletin 757–54–0048, dated May 13, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approves the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of the service information, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. To view the AD docket, go to the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW, room PL–401, Nassif Building, Washington, DC. To review copies of the service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at the 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 July 14, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–14685 Filed 7–27–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–267F] 21 CFR Part 1308 Schedules of Controlled Substances: Placement of Pregabalin Into Schedule V Drug Enforcement Administration, Department of Justice. ACTION: Final rule. AGENCY: E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Rules and Regulations]
[Pages 43631-43633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14685]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20138; Directorate Identifier 2004-NM-167-AD; 
Amendment 39-14204; AD 2005-15-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200PF, and -
200CB Series Airplanes Equipped With Pratt & Whitney or Rolls-Royce 
Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This 
AD requires inspecting to determine the part number of the upper link 
forward fuse pins of the engine struts and replacing the fuse pins as 
necessary. This AD is prompted by a report indicating that, due to an 
incorrect listing in the illustrated parts catalog, persons performing 
maintenance on the engine strut(s) could have installed an incorrect 
upper link forward fuse pin. We are issuing this AD to prevent a 
ruptured wing box, due to the engine not separating safely during 
certain emergency landing conditions, which could lead to a fuel spill 
and consequent fire.

DATES: This AD becomes effective September 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of 
September 1, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final

[[Page 43632]]

disposition. You can examine the AD docket on the Internet at http://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20138; the directorate 
identifier for this docket is 2004-NM-167-AD.

FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6450; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 757-200, -200PF, and -200CB series 
airplanes. That action, published in the Federal Register on January 
28, 2005 (70 FR 4050), proposed to require inspecting to determine the 
part number of the upper link forward fuse pins of the engine struts 
and replacing the fuse pins as necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for the Proposed AD

    Two commenters support the proposed AD.

Request To Revise the Applicability

    One commenter, the manufacturer, requests that paragraph (c) of the 
proposed AD be changed from ``Model 757-200, -200PF, and -300 series 
airplanes'' to ``Model 757-200, -200PF, and -200CB series airplanes.'' 
The manufacturer states that the applicability is incorrect.
    We agree with this request. We have determined that, though the 
summary of the proposed AD listed the affected airplanes correctly, the 
applicability did not. Model 757-300 series airplanes, which fall 
outside the series of line numbers 1-735 listed in the service 
information, were included in error; while Model 757-200CB series 
airplanes, which are contained within line numbers 1-735, were not 
included. We have revised paragraph (c) of the final rule to match the 
summary of the final rule and the service information.

Request for Alternative to Inspections

    Two commenters request that a review of maintenance records be 
permitted as an alternative to the inspections required in the proposed 
AD. One commenter states that operator maintenance records list part 
numbers of parts that are installed on airplanes during maintenance 
activities, and that such records are sufficient to satisfy the 
requirements of the proposed AD.
    We agree with this request. Operators are required to log the part 
numbers of all parts installed on airplanes. We have determined that, 
as an alternative to the inspections required by paragraph (f) of this 
AD, an operator may submit properly kept maintenance records to 
establish the parts configuration of the struts on an airplane. 
Therefore, we have revised paragraph (f) of this AD, inserted new 
paragraph (h), and reidentified the subsequent paragraphs accordingly.

Request To Delete Requirement To Use Aircraft Maintenance Manual (AMM) 
Procedures

    One commenter requests that we delete paragraph (g) of the proposed 
AD. Paragraph (g) requires the use of AMM procedures and does not 
permit the use of operator equivalent procedures. The operator states 
that this requirement adds a level of complication with respect to 
compliance and is unenforceable.
    We do not agree with this request. On at least two occasions, 
operator-developed procedures and tools that were thought to be 
equivalent to AMM procedures made certain unsafe conditions more 
unsafe. We have determined that the installation of engine struts and 
components must be accomplished according to the manufacturer's 
procedures. We have not changed the final rule in this regard. However, 
an operator may apply for an alternative method of compliance under the 
provisions of paragraph (j) of the final rule, if data are submitted to 
substantiate that an operator's equivalent procedure would provide an 
acceptable level of safety.

Request To Revise Fuse Pin Bore Dimensions

    One commenter requests that we revise the dimensions given in 
paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD for the inside 
dimensions of the fuse pin bore. The commenter states that it has 
reviewed the design drawings and has determined that dimensions other 
than those given in the proposed AD should be shown. The commenter has 
submitted dimensions and asserts that they are correct.
    We do not agree with this request. We have determined that the 
dimensions provided by the commenter do not agree with the 
manufacturer's design drawings, and that the instructions shown in the 
proposed AD are correct. Further, the dimension of 0.850 inch shown in 
paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD, which is below 
the minimum pin bore dimension of the -1 part and above the maximum pin 
bore dimension of the -2 part, was specified to simplify the inspection 
process for all operators. We have not changed the final rule in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 735 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 478 airplanes of U.S. 
registry. The inspection will take about 1 work hour per fuse pin (2 
fuse pins per airplane), at an average labor rate of $65 per work hour. 
Based on these figures, the estimated cost of the required actions to 
U.S. operators is $62,140, or $130 per airplane.
    Replacement of any upper link forward fuse pin, if required, will 
take about 26 work hours, at an average labor rate of $65 per work 
hour. Required parts will cost about $431. Based on these figures, the 
estimated cost of a replacement is $2,121 per fuse pin.

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

[[Page 43633]]

products identified in this rulemaking action.

Regulatory Findings

    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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

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 airworthiness 
directive (AD):

2005-15-15 Boeing: Amendment 39-14204. Docket No. FAA-2005-20138; 
Directorate Identifier 2004-NM-167-AD.

Effective Date

    (a) This AD becomes effective September 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200PF, and -200CB 
series airplanes, line numbers 1 through 735 inclusive, certificated 
in any category; equipped with Pratt & Whitney or Rolls-Royce 
engines.

Unsafe Condition

    (d) This AD was prompted by a report indicating that, due to an 
incorrect listing in the illustrated parts catalog, persons 
performing maintenance on the engine strut(s) could have installed 
an incorrect upper link forward fuse pin having part number (P/N) 
311N5501-2. We are issuing this AD to prevent a ruptured wing box, 
due to the engine not separating safely during certain emergency 
landing conditions, which could lead to a fuel spill and consequent 
fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection of Fuse Pin

    (f) Within 24 months after the effective date of this AD, 
perform a detailed inspection to determine the P/N of the upper link 
forward fuse pins of the engine struts, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-54-0048, dated May 13, 2004, except as provided in 
paragraphs (g) and (h) of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) If the fuse pin is P/N 311N5501-1 or P/N 311N5060-1, no 
further action is required for that fuse pin.
    (2) If the fuse pin is P/N 311N5501-2, prior to further flight, 
replace the fuse pin with a new or serviceable fuse pin, P/N 
311N5501-1, in accordance with the Accomplishment Instructions of 
the service bulletin.
    (3) If the P/N of the fuse pin cannot be determined by 
inspection, use a tool such as an inside reading micrometer to 
determine the inside diameter (ID) of the fuse pin bore.
    (i) If the ID of the fuse pin bore is greater than or equal to 
0.850 inch, no further action is required for that fuse pin.
    (ii) If the ID of the fuse pin bore is less than 0.850 inch, 
prior to further flight, replace the fuse pin as specified in 
paragraph (f)(2) of this AD.
    (g) Where Boeing Special Attention Service Bulletin 757-54-0048, 
dated May 13, 2004, permits the use of an ``approved equivalent 
procedure'' for access and replacement of the fuse pin(s), this AD 
requires that access and replacement be done in accordance with the 
instructions of the aircraft maintenance manual (AMM) as specified 
in the service bulletin.

Optional Alternative to Inspections

    (h) Instead of the inspections required by paragraph (f) of this 
AD, a review of the airplane maintenance records is acceptable if 
the P/N of the fuse pins can be positively determined from that 
review.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
fuse pin, P/N 311N5501-2, on any airplane identified in the 
applicability of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) 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 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

    (k) You must use Boeing Special Attention Service Bulletin 757-
54-0048, dated May 13, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW, room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
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 July 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14685 Filed 7-27-05; 8:45 am]
BILLING CODE 4910-13-P