Airworthiness Directives; The Boeing Company Model 707 Airplanes, and Model 720 and 720B Series Airplanes, 68505-68508 [E9-30564]
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
68505
TABLE 2—PREVIOUSLY ISSUED SERVICE INFORMATION
Boeing —
Revision—
Dated—
Alert Service Bulletin 737–24A1166 .........................................................................................................
Special Attention Service Bulletin 757–24–0110 .....................................................................................
Special Attention Service Bulletin 757–24–0111 .....................................................................................
3 .......................
Original .............
Original .............
July 25, 2007.
April 28, 2005.
April 28, 2005.
Note 1: The Boeing service bulletins
specified in Table 1 of this AD refer to
Avionic Instruments Inc. Service Bulletins 1–
002–0102–1000–24–28, Revision A, dated
June 22, 2005; and Revision B, dated July 24,
2006; as additional sources of guidance for
accomplishing the modification required by
paragraph (f) of this AD.
Alternative Methods of Compliance
(i)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN: Binh
V. Tran, Aerospace Engineer, Systems and
Equipment Branch, ANM–130S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 917–6485; fax (425)
917–6590. Or, e-mail information to 9–ANM–
Seattle-ACO–AMOC–Requests@faa.gov.
(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 principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
Material Incorporated by Reference
(j) You must use the applicable Boeing
service information contained in Table 3 of
this AD to do the actions required by this AD,
unless the AD specifies otherwise.
TABLE 3—MATERIAL INCORPORATED BY REFERENCE
Boeing—
Revision—
Dated—
Alert Service Bulletin 737–24A1166 .........................................................................................................
Service Bulletin 747–24–2254 ..................................................................................................................
Service Bulletin 777–24–0095 ..................................................................................................................
Special Attention Service Bulletin 737–24–1165 .....................................................................................
Special Attention Service Bulletin 757–24–0110 .....................................................................................
Special Attention Service Bulletin 757–24–0111 .....................................................................................
Special Attention Service Bulletin 767–24–0160 .....................................................................................
Special Attention Service Bulletin 767–24–0161 .....................................................................................
4 .......................
1 .......................
1 .......................
1 .......................
1 .......................
1 .......................
Original .............
Original .............
May 21, 2009.
March 5, 2007.
January 3, 2007.
October 20, 2005.
August 6, 2009.
August 6, 2009.
June 30, 2005.
June 30, 2005.
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(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 me.boecom@boeing.com;
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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 4, 2009.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–29963 Filed 12–24–09; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1209; Directorate
Identifier 2009–NM–151–AD; Amendment
39–16147; AD 2008–04–11 R1]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 707 Airplanes, and
Model 720 and 720B Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to all Model 707
airplanes, and Model 720 and 720B
series airplanes. That AD currently
requires revising the FAA-approved
maintenance program by incorporating
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That AD also requires an
initial inspection to phase in certain
repetitive AWL inspections, and repair
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if necessary. This AD clarifies the
intended effect of the AD on spare and
on-airplane fuel tank system
components. This AD results from
design review of the fuel tank systems.
We are issuing this AD to prevent the
potential for ignition sources inside fuel
tanks caused by latent failures,
alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in
fuel tank explosions and consequent
loss of the airplane.
DATES: This AD is effective January 12,
2010.
On March 28, 2008 (73 FR 9666,
February 22, 2008), the Director of the
Federal Register approved the
incorporation by reference of a certain
publication listed in the AD.
We must receive any comments on
this AD by February 11, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 street address for
the Docket Office (telephone 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Thomas Thorson, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6508; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
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Discussion
On February 13, 2008, we issued AD
2008–04–11, Amendment 39–15383 (73
FR 9666, February 22, 2008). That AD
applied to all Model 707 airplanes, and
Model 720 and 720B series airplanes.
That AD required revising the FAAapproved maintenance program by
incorporating new airworthiness
limitations (AWLs) for fuel tank systems
to satisfy Special Federal Aviation
Regulation No. 88 requirements. That
AD also required an initial inspection to
phase in certain repetitive AWL
inspections, and repair if necessary.
That AD resulted from a design review
of the fuel tank systems. The actions
specified in that AD are intended to
prevent the potential for ignition
sources inside fuel tanks caused by
latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
Critical design configuration control
limitations (CDCCLs) are limitation
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requirements to preserve a critical
ignition source prevention feature of the
fuel tank system design that is necessary
to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is
to provide instruction to retain the
critical ignition source prevention
feature during configuration change that
may be caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
Actions Since AD was Issued
Since we issued that AD, we have
determined that it is necessary to clarify
the AD’s intended effect on spare and
on-airplane fuel tank system
components, regarding the use of
maintenance manuals and instructions
for continued airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies the following:
No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory * * * procedures * * * have
been complied with.
Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the FAA-approved maintenance
program. But once the CDCCLs are
incorporated into the FAA-approved
maintenance program, future
maintenance actions on components
must be done in accordance with those
CDCCLs.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. For this reason, we are issuing
this AD to revise AD 2008–04–11. This
new AD retains the requirements of the
existing AD, and adds a new note to
clarify the intended effect of the AD on
spare and on-airplane fuel tank system
components.
Explanation of Additional Changes to
AD
AD 2008–04–11 allowed the use of
later revisions of the airworthiness
limitations. That provision has been
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removed from this AD. Allowing the use
of ‘‘a later revision’’ of specific service
documents violates Office of the Federal
Register regulations for approving
materials that are incorporated by
reference. Affected operators, however,
may request approval to use a later
revision of the referenced service
documents as an alternative method of
compliance, under the provisions of
paragraph (j) of this AD.
In addition, we have revised this AD
to identify the legal name of the
manufacturer as published in the most
recent type certificate data sheet for the
affected airplane models.
Costs of Compliance
This revision imposes no additional
economic burden. The current costs for
this AD are repeated for the
convenience of affected operators, as
follows:
There are about 213 airplanes of the
affected design in the worldwide fleet.
This AD affects about 76 airplanes of
U.S. registry. The required actions take
about 8 work hours per airplane, at an
average labor rate of $80 per work hour.
Based on these figures, the estimated
cost of the AD for U.S. operators is
$48,640, or $640 per airplane.
FAA’s Justification and Determination
of the Effective Date
This revision merely clarifies the
intended effect on spare and on-airplane
fuel tank system components, and
makes no substantive change to the
AD’s requirements. For this reason, it is
found that notice and opportunity for
prior public comment for this action are
unnecessary, and good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2009–1209; Directorate Identifier 2009–
NM–151–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
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personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
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
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 the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
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 and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15383 (73 FR
9666, February 22, 2008) and adding the
following new AD:
■
2008–04–11 R1 The Boeing Company:
Amendment 39–16147. Docket No.
FAA–2009–1209; Directorate Identifier
2009–NM–151–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective January 12, 2010.
Affected ADs
(b) This AD revises AD 2008–04–11,
Amendment 39–15383.
Applicability
(c) This AD applies to all The Boeing
Company Model 707–100 long body, –200,
–100B long body, and –100B short body
series airplanes; Model 707–300, –300B,
–300C, and –400 series airplanes; and Model
720 and 720B series airplanes; certificated in
any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these limitations, the
operator may not be able to accomplish the
actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (j) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from a design review
of the fuel tank systems. We are issuing this
AD to prevent the potential for ignition
sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the
airplane.
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.
Adoption of the Amendment
Restatement of Requirements of AD 2008–
04–11, With Changes to Compliance Method
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
Service Information
(f) The term ‘‘D6–7552–AWL March 2006,’’
as used in this AD, means Boeing 707/720
Airworthiness Limitations (AWLs) Document
D6–7552–AWL, dated March 2006.
■
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68507
Revision of AWLs Section
(g) Before December 16, 2008, revise the
FAA-approved maintenance program by
incorporating the information in the sections
specified in paragraphs (g)(1) through (g)(3)
of this AD, except that the initial inspection
specified in paragraph (h) of this AD must be
done at the time specified in paragraph (h).
(1) Section B., ‘‘FUEL SYSTEMS
AIRWORTHINESS LIMITATIONS,’’ of D6–
7552–AWL March 2006.
(2) Section C., ‘‘SYSTEM AWL PAGE
FORMAT,’’ of D6–7552–AWL March 2006.
(3) Section D., ‘‘AIRWORTHINESS
LIMITATIONS—FUEL SYSTEMS,’’ of D6–
7552–AWL March 2006.
Initial Inspection and Repair if Necessary
(h) At the later of the times specified in
paragraphs (h)(1) and (h)(2) of this AD: Do a
detailed inspection of external wires over the
center fuel tank for damaged or loose clamps,
wire chafing, and wire bundles in contact
with the surface of the center fuel tank, in
accordance with Section D,
‘‘AIRWORTHINESS LIMITATIONS—FUEL
SYSTEMS,’’ AWL 28–AWL–01, of D6–7552–
AWL March 2006. If any discrepancy is
found during this inspection, repair the
discrepancy before further flight in
accordance with D6–7552–AWL March 2006.
Accomplishing AWL 28–AWL–01 as part of
an FAA-approved maintenance program
prior to the later of the times specified in
paragraphs (h)(1) and (h)(2) of this AD
constitutes compliance with the
requirements of this paragraph.
(1) Before the accumulation of 36,000 total
flight cycles, or within 120 months since the
date of issuance of the original standard
airworthiness certificate or the date of
issuance of the original export certificate of
airworthiness, whichever occurs first.
(2) Within 72 months after March 28, 2008
(the effective date of AD 2008–04–11).
Note 2: 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.’’
No Alternative Inspections, Inspection
Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
(i) After accomplishing the actions
specified in paragraphs (g) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
inspections, intervals, or CDCCLs are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (j) of this
AD.
New Information
Explanation of CDCCL Requirements
Note 3: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
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airworthy or installed on the affected
airplanes before the revision of the FAAapproved maintenance program, as required
by paragraph (g) of this AD, do not need to
be reworked in accordance with the CDCCLs.
However, once the FAA-approved
maintenance program has been revised,
future maintenance actions on these
components must be done in accordance
with the CDCCLs.
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Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office (SACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN:
Thomas Thorson, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA, SACO,
1601 Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 917–6508; fax
(425) 917–6590. Or, e-mail information to 9–
ANM-Seattle-ACO–AMOC-Requests@faa.gov.
(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 principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(3) AMOCs approved previously in
accordance with AD 2008–04–11,
Amendment 39–15383, are approved as
AMOCs for the corresponding provisions of
this AD.
Material Incorporated by Reference
(k) You must use Boeing 707/720
Airworthiness Limitations (AWLs) Document
D6–7552–AWL, including attachment, dated
March 2006, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
previously approved the incorporation by
reference of Boeing 707/720 Airworthiness
Limitations (AWLs) Document D6–7552–
AWL, including attachment, dated March
2006, on March 28, 2008 (73 FR 9666,
February 22, 2008).
(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 me.boecom@boeing.com;
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: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
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Issued in Renton, Washington, on
December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–30564 Filed 12–24–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0987; Directorate
Identifier 2009–CE–054–AD; Amendment
39–16143; AD 2009–26–08]
RIN 2120–AA64
Airworthiness Directives; AeroSpace
Technologies of Australia Pty Ltd
Models N22B, N22S, and N24A
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Late in 2002 the manufacturer advised
CASA of another Nomad accident which was
possibly caused by aileron flutter with the
flaps at 38 degrees. This, along with the other
flutter incidents, has resulted in the
manufacturer issuing ANMD–57–18 Issue 1
as a precautionary measure while they
further investigate the issue.
The manufacturer has now completed their
investigation and issued Alert Service
Bulletin ANMD–27–53 to modify flap
actuation linkages to restore the necessary
rigidity to the outboard flap, and hence the
aileron. The unacceptable flexibility of the
outboard flap mechanism allows flutter to
occur in extreme circumstances.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
February 1, 2010.
On February 1, 2010, the Director of
the Federal Register approved the
incorporation by reference of Nomad
Alert Service Bulletin ANMD–27–53,
dated February 20, 2008, listed in this
AD.
As of November 8, 2006 (71 FR 61636,
October 19, 2006), the Director of the
Federal Register approved the
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incorporation by reference of Nomad
Alert Service Bulletin ANMD–57–18,
Rev 1, dated August 14, 2006, listed in
this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
Docket 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:
Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, ACE–112, Kansas
City, Missouri 64106; telephone: (816)
329–4059; fax: (816) 329–4090; e-mail:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on October 22, 2009 (74 FR
54498), and proposed to supersede AD
2006–21–12, Amendment 39–14797 (71
FR 61636, October 19, 2006). That
NPRM proposed to correct an unsafe
condition for the specified products.
The MCAI states that:
Late in 2002 the manufacturer advised
CASA of another Nomad accident which was
possibly caused by aileron flutter with the
flaps at 38 degrees. This, along with the other
flutter incidents, has resulted in the
manufacturer issuing ANMD–57–18 Issue 1
as a precautionary measure while they
further investigate the issue.
The manufacturer has now completed their
investigation and issued Alert Service
Bulletin ANMD–27–53 to modify flap
actuation linkages to restore the necessary
rigidity to the outboard flap, and hence the
aileron. The unacceptable flexibility of the
outboard flap mechanism allows flutter to
occur in extreme circumstances.
This amendment mandates Alert Service
Bulletin ANMD–27–53, which requires
modifications to the aircraft, but terminates
the limitations imposed by earlier
amendments.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68505-68508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30564]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1209; Directorate Identifier 2009-NM-151-AD;
Amendment 39-16147; AD 2008-04-11 R1]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 707 Airplanes,
and Model 720 and 720B Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all Model 707 airplanes, and Model 720 and 720B series
airplanes. That AD currently requires revising the FAA-approved
maintenance program by incorporating new airworthiness limitations
(AWLs) for fuel tank systems to satisfy Special Federal Aviation
Regulation No. 88 requirements. That AD also requires an initial
inspection to phase in certain repetitive AWL inspections, and repair
if necessary. This AD clarifies the intended effect of the AD on spare
and on-airplane fuel tank system components. This AD results from
design review of the fuel tank systems. We are issuing this AD to
prevent the potential for ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
DATES: This AD is effective January 12, 2010.
On March 28, 2008 (73 FR 9666, February 22, 2008), the Director of
the Federal Register approved the incorporation by reference of a
certain publication listed in the AD.
We must receive any comments on this AD by February 11, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
[[Page 68506]]
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Thomas Thorson, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6508; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On February 13, 2008, we issued AD 2008-04-11, Amendment 39-15383
(73 FR 9666, February 22, 2008). That AD applied to all Model 707
airplanes, and Model 720 and 720B series airplanes. That AD required
revising the FAA-approved maintenance program by incorporating new
airworthiness limitations (AWLs) for fuel tank systems to satisfy
Special Federal Aviation Regulation No. 88 requirements. That AD also
required an initial inspection to phase in certain repetitive AWL
inspections, and repair if necessary. That AD resulted from a design
review of the fuel tank systems. The actions specified in that AD are
intended to prevent the potential for ignition sources inside fuel
tanks caused by latent failures, alterations, repairs, or maintenance
actions, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Actions Since AD was Issued
Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.
Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the FAA-approved
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components
must be done in accordance with those CDCCLs.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-04-11. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components.
Explanation of Additional Changes to AD
AD 2008-04-11 allowed the use of later revisions of the
airworthiness limitations. That provision has been removed from this
AD. Allowing the use of ``a later revision'' of specific service
documents violates Office of the Federal Register regulations for
approving materials that are incorporated by reference. Affected
operators, however, may request approval to use a later revision of the
referenced service documents as an alternative method of compliance,
under the provisions of paragraph (j) of this AD.
In addition, we have revised this AD to identify the legal name of
the manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Costs of Compliance
This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
There are about 213 airplanes of the affected design in the
worldwide fleet. This AD affects about 76 airplanes of U.S. registry.
The required actions take about 8 work hours per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the AD for U.S. operators is $48,640, or $640 per
airplane.
FAA's Justification and Determination of the Effective Date
This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1209; Directorate Identifier 2009-NM-151-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any
[[Page 68507]]
personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this AD.
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
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 the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 and placed it in the AD docket. 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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15383 (73 FR
9666, February 22, 2008) and adding the following new AD:
2008-04-11 R1 The Boeing Company: Amendment 39-16147. Docket No.
FAA-2009-1209; Directorate Identifier 2009-NM-151-AD.
Effective Date
(a) This airworthiness directive (AD) is effective January 12,
2010.
Affected ADs
(b) This AD revises AD 2008-04-11, Amendment 39-15383.
Applicability
(c) This AD applies to all The Boeing Company Model 707-100 long
body, -200, -100B long body, and -100B short body series airplanes;
Model 707-300, -300B, -300C, and -400 series airplanes; and Model
720 and 720B series airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these limitations, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
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.
Restatement of Requirements of AD 2008-04-11, With Changes to
Compliance Method
Service Information
(f) The term ``D6-7552-AWL March 2006,'' as used in this AD,
means Boeing 707/720 Airworthiness Limitations (AWLs) Document D6-
7552-AWL, dated March 2006.
Revision of AWLs Section
(g) Before December 16, 2008, revise the FAA-approved
maintenance program by incorporating the information in the sections
specified in paragraphs (g)(1) through (g)(3) of this AD, except
that the initial inspection specified in paragraph (h) of this AD
must be done at the time specified in paragraph (h).
(1) Section B., ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' of
D6-7552-AWL March 2006.
(2) Section C., ``SYSTEM AWL PAGE FORMAT,'' of D6-7552-AWL March
2006.
(3) Section D., ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of
D6-7552-AWL March 2006.
Initial Inspection and Repair if Necessary
(h) At the later of the times specified in paragraphs (h)(1) and
(h)(2) of this AD: Do a detailed inspection of external wires over
the center fuel tank for damaged or loose clamps, wire chafing, and
wire bundles in contact with the surface of the center fuel tank, in
accordance with Section D, ``AIRWORTHINESS LIMITATIONS--FUEL
SYSTEMS,'' AWL 28-AWL-01, of D6-7552-AWL March 2006. If any
discrepancy is found during this inspection, repair the discrepancy
before further flight in accordance with D6-7552-AWL March 2006.
Accomplishing AWL 28-AWL-01 as part of an FAA-approved maintenance
program prior to the later of the times specified in paragraphs
(h)(1) and (h)(2) of this AD constitutes compliance with the
requirements of this paragraph.
(1) Before the accumulation of 36,000 total flight cycles, or
within 120 months since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, whichever occurs
first.
(2) Within 72 months after March 28, 2008 (the effective date of
AD 2008-04-11).
Note 2: 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.''
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j) of this
AD.
New Information
Explanation of CDCCL Requirements
Note 3: Notwithstanding any other maintenance or operational
requirements, components that have been identified as
[[Page 68508]]
airworthy or installed on the affected airplanes before the revision
of the FAA-approved maintenance program, as required by paragraph
(g) of this AD, do not need to be reworked in accordance with the
CDCCLs. However, once the FAA-approved maintenance program has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office
(SACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Thomas Thorson, Aerospace Engineer, Propulsion
Branch, ANM-140S, FAA, SACO, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone (425) 917-6508; fax (425) 917-6590.
Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(3) AMOCs approved previously in accordance with AD 2008-04-11,
Amendment 39-15383, are approved as AMOCs for the corresponding
provisions of this AD.
Material Incorporated by Reference
(k) You must use Boeing 707/720 Airworthiness Limitations (AWLs)
Document D6-7552-AWL, including attachment, dated March 2006, to do
the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Boeing 707/720 Airworthiness
Limitations (AWLs) Document D6-7552-AWL, including attachment, dated
March 2006, on March 28, 2008 (73 FR 9666, February 22, 2008).
(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
me.boecom@boeing.com; 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30564 Filed 12-24-09; 8:45 am]
BILLING CODE 4910-13-P
