Airworthiness Directives; The Boeing Company Model 767 Airplanes, 8615-8618 [2011-2515]

Download as PDF Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0377; Directorate Identifier 2009–NM–246–AD; Amendment 39–16599; AD 2011–03–15] RIN 2120–AA64 Related Information (k) Refer to MCAI EASA Airworthiness Directive 2010–0131, dated June 28, 2010, and 2009–0192, dated August 28, 2009; and Airbus A340 ALS Part 1—Safe Life Airworthiness Limitation Items, Revision 05, dated July 29, 2010; for related information. Airworthiness Directives; The Boeing Company Model 767 Airplanes Material Incorporated by Reference SUMMARY: (l) You must use the service information contained in Airbus A340 Airworthiness Limitations Section, Part 1—Safe Life Airworthiness Limitations Items, Revision 05, dated July 29, 2010; 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 Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; e-mail airworthiness.A330-A340@airbus.com; Internet https://www.airbus.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. (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 February 3, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–3067 Filed 2–14–11; 8:45 am] BILLING CODE 4910–13–P Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Model 767 airplanes. This AD requires doing a detailed inspection for correct main track downstop assembly, thread protrusion, and damaged and missing parts of the main track downstop assemblies of the outboard slats, and related investigative and corrective actions if necessary. This AD also requires doing a detailed inspection for foreign objects, debris and damage to the wall of the track housing of the outboard slats, and corrective actions if necessary. This AD results from reports of broken bolts in the outboard slat main track downstop assembly. We are issuing this AD to detect and correct incorrectly installed main track downstop assemblies, which can allow the main track downstop hardware to fall into the track housing and cause a puncture in the track housing when the slat is retracted. This condition, if not corrected, could result in a fuel leak and an increased risk of fire. DATES: This AD is effective March 22, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 22, 2011. 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 me.boecom@boeing.com; Internet https://www.myboeingfleet.com. jdjones on DSK8KYBLC1PROD with RULES 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 VerDate Mar<15>2010 15:22 Feb 14, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8615 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 Model 767 airplanes. That NPRM was published in the Federal Register on April 8, 2010 (75 FR 17887). That NPRM proposed to require doing a detailed inspection for correct main track downstop assembly, thread protrusion, and damaged and missing parts of the main track downstop assemblies of the outboard slats, and related investigative and corrective actions if necessary. That proposed AD also proposed to require doing a detailed inspection for foreign objects debris and damage to the wall of the track housing of the outboard slats, and corrective actions if necessary. Relevant Service Information The NPRM referred to Boeing Special Attention Service Bulletin 767–57– 0118, dated October 8, 2009. We reviewed Boeing Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010. This service bulletin revision adds an option to inspect either the bolt or nut for looseness by applying torque to the main track downstop assembly nut or the bolt head, corrects a reference, and removes the references to slat numbers 6 and 7 in Appendix A. This service bulletin revision does not add any additional work for the affected airplanes. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the commenters. Request To Add Boeing Document D– 590 as Source of Additional Guidance American Airlines (AAL) requested that we specify that Boeing Document D–590 may be used as a source for acceptable fastener and material E:\FR\FM\15FER1.SGM 15FER1 8616 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES substitution in a note in the General Information section of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 767– 57–0118, dated October 8, 2009. From this request, we infer that AAL asked that we include Boeing Document D–590 as a source for the acceptable fastener and material substitution in the NPRM. We disagree that adding this document to the requirements of the AD is necessary. Boeing Document D–590 is the collection of many Boeing standards and specifications. We have determined that this document is too broad for this AD. We have not changed the final rule in regard to this issue. Request To Clarify Fitting Location AAL requested that we clarify the fitting location. AAL stated that it believes the 114T2520 fitting located at outboard slat station (OSS) 426.997 should be removed to facilitate proper torque checking of the bolts. AAL stated that Boeing confirmed that it is acceptable to remove the stop fitting(s) as required for access and that it is safe to remove the stop fitting(s) without rigging the slats. AAL also stated that Boeing does not plan to revise Boeing Special Attention Service Bulletin 767– 57–0118, dated October 8, 2009, to include removal or installation procedures for the stop fitting(s) for access purposes. AAL reported that Boeing does plan to add a note in the next revision of Boeing Special Attention Service Bulletin 767–57– 0118, dated October 8, 2009, that states ‘‘if it is necessary to remove more parts for access, you can remove those parts. You must install all parts removed for access before the airplane is put back in service.’’ As a result, AAL requested that we revise the NPRM to incorporate a note providing steps to remove the upstop fitting as required to facilitate the torque check, to reinstall the up-stop fitting in accordance with Boeing Drawing 114T2160, and to torque the nuts using Boeing Airplane Company (BAC) procedure 5009 or an equivalent operator procedure. We agree that clarification might be necessary. Based on the best data available, the manufacturer provided the procedures necessary to do the required actions. Note 8 in Section A. ‘‘General Information’’ of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 767– 57–0118, Revision 1, dated October 21, 2010, states, ‘‘If it is necessary to remove more parts for access, you can remove those parts. If you can get access without removing identified parts, it is not necessary to remove all of the identified parts.’’ The procedures in AD VerDate Mar<15>2010 15:22 Feb 14, 2011 Jkt 223001 rulemaking actions, however, typically do not include procedures such as the steps required to gain access and close up. We have updated the final rule to refer to the latest issue of the service information. Request To Revise Requirements for Torque Check AAL stated that a single torque check could be accomplished rather than the two distinct checks as specified in Steps 1 and 2 of Figures 2 and 5 of Boeing Special Attention Service Bulletin 767– 57–0118, dated October 8, 2009. AAL stated that in these figures, the torque check is accomplished by first holding the bolt head and applying force to the nut to verify that it does not turn on the bolt threads. AAL stated that the torque is checked secondly by applying torque to the head and verifying that the bolt does not rotate. AAL stated that applying torque to the nut without holding the head will adequately test the same conditions. AAL stated that if the bolt and nut are loose and if torque is applied to the nut, either the nut will turn on the bolt or the bolt will turn with the nut. AAL stated that if neither turns, then they are tight. AAL asserted that this procedure would eliminate some work steps and simplify the task. We agree with the reasons provided by the commenter. As stated previously Boeing has released Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010, which corrects that information. We have revised the final rule to refer to this service bulletin as the appropriate source of service information. Request To Change Reference to Airplane Maintenance Manual (AMM) Continental Airlines (CAL) requested that Boeing Special Attention Service Bulletin 767–57–0118, dated October 8, 2009, be revised to correct the reference to the AMM section to 27–81–34, not 27–81–00. We agree. As stated previously Boeing has released Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010, which corrects that information. We have revised the final rule to refer to this revision as the appropriate source of service information. 0118, dated October 8, 2009, estimated 22 work-hours. We disagree with the request to revise the Costs of Compliance section of this AD. The economic analysis is limited to the cost of actions actually required by the rule. It does not consider the costs of ‘‘on condition’’ actions (e.g., ‘‘repair, if necessary’’) because, regardless of AD direction, those actions would be required to correct an unsafe condition identified in an airplane and ensure operation of that airplane in an airworthy condition, as required by the Federal Aviation Regulations. We have made no change to this final rule regarding this issue. Request To Add Damage Reporting Allowance in Paragraph (h) of the NPRM Boeing requested that we clarify that if damage is found while inspecting the slat track housing, operators should contact the FAA for approval of an alternative method of compliance (AMOC) only when the damage exceeds the allowance contained in Boeing Special Attention Service Bulletin 767– 57–0118. Boeing stated that this service bulletin contains damage blend-out allowances (0.015-inch blend-out depth on a 0.063-inch-thick wall) for the slat track housing in Figure 8. Boeing stated that the NPRM does not provide for the existing repair information contained in this service bulletin and requires that all repairs be submitted to the FAA for approval of AMOCs. We agree with the request for the reasons the commenter provided, and we have revised paragraph (h) of this AD accordingly. Explanation of Change to This AD We added a new paragraph (k) to this final rule to provide information on the federal Paperwork Reduction Act. We have reidentified subsequent paragraphs accordingly. Request To Revise Costs of Compliance 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. United Airlines (United) requested that we revise the Costs of Compliance section of the NPRM. United noted that the FAA estimated 8 work-hours to comply with the proposed requirements of the NPRM, and Boeing Special Attention Service Bulletin 767–57– Costs of Compliance We estimate that this AD affects 361 airplanes of U.S. registry. We also estimate that it will take about 8 workhours per product to comply with this AD. The average labor rate is $85 per work-hour. Required parts will cost $0 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $245,480, or $680 per product. Authority for This Rulemaking 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. jdjones on DSK8KYBLC1PROD with RULES List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: VerDate Mar<15>2010 15:22 Feb 14, 2011 Jkt 223001 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. 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. Adoption of the Amendment PART 39—AIRWORTHINESS DIRECTIVES § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2011–03–15 The Boeing Company: Amendment 39–16599. Docket No. FAA–2010–0377; Directorate Identifier 2009–NM–246–AD. Effective Date (a) This airworthiness directive (AD) is effective March 22, 2011. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010. Subject (d) Air Transport Association (ATA) of America Code 57: Wings. Unsafe Condition (e) This AD results from reports of broken bolts in the main track downstop assembly of the outboard slat. The Federal Aviation Administration is issuing this AD to detect and correct incorrectly installed main track downstop assemblies, which can allow the main track downstop hardware to fall into the track housing and cause a puncture in the track housing when the slat is retracted. This condition, if not corrected, could result in a fuel leak and an increased risk of fire. Compliance (f) 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 (g) Within 24 months after the effective date of this AD, do the actions specified in paragraphs (g)(1) and (g)(2) of this AD. (1) Do a detailed inspection for correct assembly, thread protrusion, and damaged and missing parts of the main track downstop assemblies of outboard slats 1 through 5 and slats 8 through 12, and do all applicable related investigative and corrective actions, in accordance with Part 2 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 767–57– 0118, Revision 1, dated October 21, 2010. Do all applicable related investigative and corrective actions before further flight. (2) Do a detailed inspection for foreign objects debris and damage to the wall of the track housing of the outboard slats 1 through 5 and slats 8 through 12, and do all applicable corrective actions, in accordance with Part 3 of the Accomplishment PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 8617 Instructions of Boeing Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010, except as required by paragraph (h) of this AD. Do all applicable corrective actions before further flight. Exception to the Service Bulletin (h) If any damage is found during any inspection required by paragraph (g)(2) of this AD, and that damage exceeds the allowable damage contained in Figure 8 of Boeing Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010, before further flight, replace the track housing or repair the damage using a method approved in accordance with the procedures specified in paragraph (l) of this AD. Credit for Actions Accomplished in Accordance With Previous Service Information (i) Actions accomplished in accordance with Boeing Special Attention Service Bulletin 767–57–0118, dated October 8, 2009, before the effective date of this AD, are acceptable for compliance with the corresponding actions specified in this AD, provided that the provisions of paragraph (h) of this AD are complied with. Reporting (j) Submit a report of positive findings of the inspections required by paragraph (g) of this AD to the Manager, Seattle Aircraft Certification Office (ACO), FAA, at the applicable time specified in paragraph (j)(1) or (j)(2) of this AD. The report must include the inspection results, a description of any discrepancies found, the airplane registry, variable or line number, and the number of landings and flight hours on the airplane. The report does not need to include reporting on slats 6 and 7. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120 0056. (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Paperwork Reduction Act Burden Statement (k) A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 E:\FR\FM\15FER1.SGM 15FER1 8618 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations Issued in Renton, Washington, on January 28, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Seattle 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: 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. Information may be e-mailed to: 9ANM-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) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that 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. jdjones on DSK8KYBLC1PROD with RULES Material Incorporated by Reference (m) You must use Boeing Special Attention Service Bulletin 767–57–0118, Revision 1, dated October 21, 2010, 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 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. (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. VerDate Mar<15>2010 15:22 Feb 14, 2011 Jkt 223001 [FR Doc. 2011–2515 Filed 2–14–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1038; Directorate Identifier 2009–NM–250–AD; Amendment 39–16601; AD 2011–04–01] RIN 2120–AA64 Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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: SUMMARY: During a normal walkaround check on a F28 Mark 0100 aeroplane, a large crack was discovered in the lower portion of the right (RH) MLG [main landing gear] piston. The affected MLG unit had accumulated 7909 flight cycles (FC) at the time of detection. * * * This condition, if not detected and corrected, could lead to MLG failure, possibly resulting in loss of control of the aeroplane during the landing roll-out. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 22, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 22, 2011. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone 425–227–1137; fax 425–227–1149. 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 21, 2010 (75 FR 64963). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: During a normal walkaround check on a F28 Mark 0100 aeroplane, a large crack was discovered in the lower portion of the right (RH) MLG [main landing gear] piston. The affected MLG unit had accumulated 7909 flight cycles (FC) at the time of detection. The piston has been sent to Goodrich, the landing gear manufacturer, for detailed investigation. This condition, if not detected and corrected, could lead to MLG failure, possibly resulting in loss of control of the aeroplane during the landing roll-out. For the reasons described above, this AD requires a one-time detailed visual inspection of the MLG pistons, the replacement of any MLG pistons on which cracks are detected, and the reporting of all findings to the aeroplane TC [type certificate] holder. The inspection results, in combination with the findings of the crack/metallurgical investigation of the cracked piston by Goodrich, will be used to determine the necessity of additional and/or more detailed inspections, or any other corrective action. This AD is considered an interim measure, and further action is likely to follow. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the comment received. Request To Update Reference to MCAI The European Aviation Safety Agency (EASA) requested that we update the NPRM to refer to EASA AD 2009– 0221R1, dated June 30, 2010. This EASA AD corrects a typographical error, which was the source of a difference between the FAA NPRM and the EASA AD. We agree with the EASA’s request to update this final rule to refer to the latest EASA AD. We have also revised Note 1 of the final rule to state that there are no differences between the EASA AD and the FAA AD. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8615-8618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2515]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0377; Directorate Identifier 2009-NM-246-AD; 
Amendment 39-16599; AD 2011-03-15]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Model 767 airplanes. This AD requires doing a detailed inspection for 
correct main track downstop assembly, thread protrusion, and damaged 
and missing parts of the main track downstop assemblies of the outboard 
slats, and related investigative and corrective actions if necessary. 
This AD also requires doing a detailed inspection for foreign objects, 
debris and damage to the wall of the track housing of the outboard 
slats, and corrective actions if necessary. This AD results from 
reports of broken bolts in the outboard slat main track downstop 
assembly. We are issuing this AD to detect and correct incorrectly 
installed main track downstop assemblies, which can allow the main 
track downstop hardware to fall into the track housing and cause a 
puncture in the track housing when the slat is retracted. This 
condition, if not corrected, could result in a fuel leak and an 
increased risk of fire.

DATES: This AD is effective March 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 22, 
2011.

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 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 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 Model 767 airplanes. That NPRM was published in the Federal 
Register on April 8, 2010 (75 FR 17887). That NPRM proposed to require 
doing a detailed inspection for correct main track downstop assembly, 
thread protrusion, and damaged and missing parts of the main track 
downstop assemblies of the outboard slats, and related investigative 
and corrective actions if necessary. That proposed AD also proposed to 
require doing a detailed inspection for foreign objects debris and 
damage to the wall of the track housing of the outboard slats, and 
corrective actions if necessary.

Relevant Service Information

    The NPRM referred to Boeing Special Attention Service Bulletin 767-
57-0118, dated October 8, 2009. We reviewed Boeing Special Attention 
Service Bulletin 767-57-0118, Revision 1, dated October 21, 2010. This 
service bulletin revision adds an option to inspect either the bolt or 
nut for looseness by applying torque to the main track downstop 
assembly nut or the bolt head, corrects a reference, and removes the 
references to slat numbers 6 and 7 in Appendix A. This service bulletin 
revision does not add any additional work for the affected airplanes.

Comments

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

Request To Add Boeing Document D-590 as Source of Additional Guidance

    American Airlines (AAL) requested that we specify that Boeing 
Document D-590 may be used as a source for acceptable fastener and 
material

[[Page 8616]]

substitution in a note in the General Information section of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-57-0118, dated October 8, 2009.
    From this request, we infer that AAL asked that we include Boeing 
Document D-590 as a source for the acceptable fastener and material 
substitution in the NPRM. We disagree that adding this document to the 
requirements of the AD is necessary. Boeing Document D-590 is the 
collection of many Boeing standards and specifications. We have 
determined that this document is too broad for this AD. We have not 
changed the final rule in regard to this issue.

Request To Clarify Fitting Location

    AAL requested that we clarify the fitting location. AAL stated that 
it believes the 114T2520 fitting located at outboard slat station (OSS) 
426.997 should be removed to facilitate proper torque checking of the 
bolts. AAL stated that Boeing confirmed that it is acceptable to remove 
the stop fitting(s) as required for access and that it is safe to 
remove the stop fitting(s) without rigging the slats. AAL also stated 
that Boeing does not plan to revise Boeing Special Attention Service 
Bulletin 767-57-0118, dated October 8, 2009, to include removal or 
installation procedures for the stop fitting(s) for access purposes. 
AAL reported that Boeing does plan to add a note in the next revision 
of Boeing Special Attention Service Bulletin 767-57-0118, dated October 
8, 2009, that states ``if it is necessary to remove more parts for 
access, you can remove those parts. You must install all parts removed 
for access before the airplane is put back in service.'' As a result, 
AAL requested that we revise the NPRM to incorporate a note providing 
steps to remove the up-stop fitting as required to facilitate the 
torque check, to reinstall the up-stop fitting in accordance with 
Boeing Drawing 114T2160, and to torque the nuts using Boeing Airplane 
Company (BAC) procedure 5009 or an equivalent operator procedure.
    We agree that clarification might be necessary. Based on the best 
data available, the manufacturer provided the procedures necessary to 
do the required actions. Note 8 in Section A. ``General Information'' 
of the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-57-0118, Revision 1, dated October 21, 2010, states, ``If 
it is necessary to remove more parts for access, you can remove those 
parts. If you can get access without removing identified parts, it is 
not necessary to remove all of the identified parts.'' The procedures 
in AD rulemaking actions, however, typically do not include procedures 
such as the steps required to gain access and close up. We have updated 
the final rule to refer to the latest issue of the service information.

Request To Revise Requirements for Torque Check

    AAL stated that a single torque check could be accomplished rather 
than the two distinct checks as specified in Steps 1 and 2 of Figures 2 
and 5 of Boeing Special Attention Service Bulletin 767-57-0118, dated 
October 8, 2009. AAL stated that in these figures, the torque check is 
accomplished by first holding the bolt head and applying force to the 
nut to verify that it does not turn on the bolt threads. AAL stated 
that the torque is checked secondly by applying torque to the head and 
verifying that the bolt does not rotate. AAL stated that applying 
torque to the nut without holding the head will adequately test the 
same conditions. AAL stated that if the bolt and nut are loose and if 
torque is applied to the nut, either the nut will turn on the bolt or 
the bolt will turn with the nut. AAL stated that if neither turns, then 
they are tight. AAL asserted that this procedure would eliminate some 
work steps and simplify the task.
    We agree with the reasons provided by the commenter. As stated 
previously Boeing has released Special Attention Service Bulletin 767-
57-0118, Revision 1, dated October 21, 2010, which corrects that 
information. We have revised the final rule to refer to this service 
bulletin as the appropriate source of service information.

Request To Change Reference to Airplane Maintenance Manual (AMM)

    Continental Airlines (CAL) requested that Boeing Special Attention 
Service Bulletin 767-57-0118, dated October 8, 2009, be revised to 
correct the reference to the AMM section to 27-81-34, not 27-81-00.
    We agree. As stated previously Boeing has released Special 
Attention Service Bulletin 767-57-0118, Revision 1, dated October 21, 
2010, which corrects that information. We have revised the final rule 
to refer to this revision as the appropriate source of service 
information.

Request To Revise Costs of Compliance

    United Airlines (United) requested that we revise the Costs of 
Compliance section of the NPRM. United noted that the FAA estimated 8 
work-hours to comply with the proposed requirements of the NPRM, and 
Boeing Special Attention Service Bulletin 767-57-0118, dated October 8, 
2009, estimated 22 work-hours.
    We disagree with the request to revise the Costs of Compliance 
section of this AD. The economic analysis is limited to the cost of 
actions actually required by the rule. It does not consider the costs 
of ``on condition'' actions (e.g., ``repair, if necessary'') because, 
regardless of AD direction, those actions would be required to correct 
an unsafe condition identified in an airplane and ensure operation of 
that airplane in an airworthy condition, as required by the Federal 
Aviation Regulations. We have made no change to this final rule 
regarding this issue.

Request To Add Damage Reporting Allowance in Paragraph (h) of the NPRM

    Boeing requested that we clarify that if damage is found while 
inspecting the slat track housing, operators should contact the FAA for 
approval of an alternative method of compliance (AMOC) only when the 
damage exceeds the allowance contained in Boeing Special Attention 
Service Bulletin 767-57-0118. Boeing stated that this service bulletin 
contains damage blend-out allowances (0.015-inch blend-out depth on a 
0.063-inch-thick wall) for the slat track housing in Figure 8. Boeing 
stated that the NPRM does not provide for the existing repair 
information contained in this service bulletin and requires that all 
repairs be submitted to the FAA for approval of AMOCs.
    We agree with the request for the reasons the commenter provided, 
and we have revised paragraph (h) of this AD accordingly.

Explanation of Change to This AD

    We added a new paragraph (k) to this final rule to provide 
information on the federal Paperwork Reduction Act. We have 
reidentified subsequent paragraphs accordingly.

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 361 airplanes of U.S. registry. We 
also estimate that it will take about 8 work-hours per product to 
comply with this AD. The average labor rate is $85 per work-hour. 
Required parts will cost $0

[[Page 8617]]

per product. Based on these figures, we estimate the cost of this AD to 
the U.S. operators to be $245,480, or $680 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

    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:

2011-03-15 The Boeing Company: Amendment 39-16599. Docket No. FAA-
2010-0377; Directorate Identifier 2009-NM-246-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective March 22, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 767-57-0118, 
Revision 1, dated October 21, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of broken bolts in the main 
track downstop assembly of the outboard slat. The Federal Aviation 
Administration is issuing this AD to detect and correct incorrectly 
installed main track downstop assemblies, which can allow the main 
track downstop hardware to fall into the track housing and cause a 
puncture in the track housing when the slat is retracted. This 
condition, if not corrected, could result in a fuel leak and an 
increased risk of fire.

Compliance

    (f) 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

    (g) Within 24 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Do a detailed inspection for correct assembly, thread 
protrusion, and damaged and missing parts of the main track downstop 
assemblies of outboard slats 1 through 5 and slats 8 through 12, and 
do all applicable related investigative and corrective actions, in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 767-57-0118, Revision 1, dated 
October 21, 2010. Do all applicable related investigative and 
corrective actions before further flight.
    (2) Do a detailed inspection for foreign objects debris and 
damage to the wall of the track housing of the outboard slats 1 
through 5 and slats 8 through 12, and do all applicable corrective 
actions, in accordance with Part 3 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-57-
0118, Revision 1, dated October 21, 2010, except as required by 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight.

Exception to the Service Bulletin

    (h) If any damage is found during any inspection required by 
paragraph (g)(2) of this AD, and that damage exceeds the allowable 
damage contained in Figure 8 of Boeing Special Attention Service 
Bulletin 767-57-0118, Revision 1, dated October 21, 2010, before 
further flight, replace the track housing or repair the damage using 
a method approved in accordance with the procedures specified in 
paragraph (l) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Actions accomplished in accordance with Boeing Special 
Attention Service Bulletin 767-57-0118, dated October 8, 2009, 
before the effective date of this AD, are acceptable for compliance 
with the corresponding actions specified in this AD, provided that 
the provisions of paragraph (h) of this AD are complied with.

Reporting

    (j) Submit a report of positive findings of the inspections 
required by paragraph (g) of this AD to the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, at the applicable time 
specified in paragraph (j)(1) or (j)(2) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane registry, variable or line number, and the 
number of landings and flight hours on the airplane. The report does 
not need to include reporting on slats 6 and 7. Under the provisions 
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office 
of Management and Budget (OMB) has approved the information 
collection requirements contained in this AD and has assigned OMB 
Control Number 2120 0056.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Paperwork Reduction Act Burden Statement

    (k) A federal agency may not conduct or sponsor, and a person is 
not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800

[[Page 8618]]

Independence Ave., SW., Washington, DC 20591, Attn: Information 
Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle 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: 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. 
Information may be e-mailed 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) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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

    (m) You must use Boeing Special Attention Service Bulletin 767-
57-0118, Revision 1, dated October 21, 2010, 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 
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.
    (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 January 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-2515 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.