Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12243 

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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin 727–53A0223, dated March 28, 

2002, 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 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5957 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0898; Directorate 

Identifier 2007–NM–200–AD; Amendment 

39–15856; AD 2009–06–19] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200 and 767–300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 767–200 and 767–300 

series airplanes. This AD requires 

detailed inspections of the aft pressure 

bulkhead for damage, mid-frequency 

eddy current (MFEC) and low frequency 

eddy current (LFEC) inspections of 

radial web lap splices, tear strap splices, 

and super tear strap splices for cracking, 

and corrective actions if necessary. This 

AD results from analysis that indicates 

fatigue cracks of the web lap splice, tear 

strap splice, or super tear strap splice of 

the aft bulkhead are expected to occur 

on certain Boeing Model 767–200 and 

767–300 series airplanes. We are issuing 

this AD to detect and correct fatigue 

cracks of the aft pressure bulkhead, 

which could result in rapid 

decompression of the passenger 

compartment and possible damage or 

interference with airplane control 

systems that penetrate the bulkhead, 

and consequent loss of controllability of 

the airplane. 

DATES: This AD is effective April 28, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of April 28, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Tamara L. Anderson, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6421; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 767–200 and 767– 

300 series airplanes. That NPRM was 

published in the Federal Register on 

August 21, 2008 (73 FR 49366). That 

NPRM proposed to require detailed 

inspections of the aft pressure bulkhead 

for damage, mid-frequency eddy current 

(MFEC) and low frequency eddy current 

(LFEC) inspections of radial web lap 

splices, tear strap splices, and super tear 

strap splices for cracking, and corrective 

actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Refer to AD 2003–18–10 

Boeing and United Airlines ask that 

we refer to AD 2003–18–10, amendment 

39–13301 (68 FR 53503, September 11, 

2003) in the AD. 

Boeing states that AD 2003–18–10 

requires a revision of the Boeing 767 

Maintenance Planning Data (MPD) 

Document D622T001–9 to incorporate 

the October 2002 revision, and 

Appendix B of the Boeing 767 MPD 

Document D622T001 to incorporate the 

December 2002 revision, for Model 767 

line numbers 1–895. Boeing adds that 

the inspection requirements of Boeing 

Alert Service Bulletin 767–53A0147, 

dated August 16, 2007, supersede the 

Boeing 767 MPD Document D622T001– 

9 and Document D622T001, Appendix 

B, inspections for Structural Significant 

Items (SSI) 53–80–I01B, C, D, and E. 

Boeing concludes that the NPRM affects 

the requirements of AD 2003–18–10 and 

asks that a reference to that AD be 

added to the ‘‘Affected ADs’’ paragraph 

of the NPRM. 

United Airlines (UAL) states that a 

reference to AD 2003–18–10 should be 

included because paragraph 1.F. of 

Boeing Alert Service Bulletin 767– 

53A0147, dated August 16, 2007, states 

that the Accomplishment Instructions 

‘‘are approved as an alternative method 

of compliance (AMOC) to the 

inspections of SSI 53–80–I01B, C, D, 

and E of Boeing 767 MPD Document 

D622T001–9 and Appendix B of Boeing 

767 MPD Document D622T001 as 

required by paragraph (d) of 

Airworthiness Directive (AD) 2003–18– 

10.’’ In addition, due to the AD-related 

SSIs, UAL states that the NPRM should 

include the SSI numbers specified in 

Boeing Alert Service Bulletin 767– 

53A0147, dated August 16, 2007. 

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12244 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

We do not agree that AD 2003–18–10 

should be referred to in this AD. The 

‘‘Affected ADs’’ paragraph is used to 

refer to the AD number of supersedure 

and revision ADs only; we consider AD 

2003–18–10 a ‘‘related AD,’’ not a 

supersedure or revision. AD 2003–18– 

10 applies to certain Boeing Model 767 

series airplanes. That AD currently 

requires revising the Airworthiness 

Limitations Section of the MPD 

Document (767 Airworthiness 

Limitations Instructions (ALI)). AD 

2003–18–10 also incorporates into the 

ALI certain inspections and compliance 

times to detect fatigue cracking of 

principal structural elements (PSEs). AD 

2003–18–10 is already referred to in 

Boeing Alert Service Bulletin 767– 

53A0147, dated August 16, 2007, and 

since that service bulletin is the source 

of service information for accomplishing 

the required actions in this AD it is not 

necessary to refer to AD 2003–18–10 in 

this AD. We have made no change to the 

AD in this regard. 

Requests To Clarify the Alternative 

Method of Compliance (AMOC) 

Paragraph Relative to AD 2003–18–10 

Boeing asks that we clarify the AMOC 

paragraph to ensure that AMOCs for 

repairs are required only for the 

requirements of the NPRM, not the 

requirements of AD 2003–18–10 that are 

specifically superseded in paragraph 

1.F. ‘‘Approval,’’ of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007. Boeing states that the inspections 

in Boeing Alert Service Bulletin 767– 

53A0147, dated August 16, 2007, 

supersede the Boeing 767 MPD 

Document D622T001–9 and Document 

D622T001, Appendix B, inspections for 

SSI 53–80–I01B, C, D, and E. Boeing 

adds that if cracks are found and 

repaired, an AMOC to the superseded 

inspections of AD 2003–18–10 

specifically referenced in the above 

sentence is not required or applicable. 

Boeing asks that paragraph (g)(3) of the 

NPRM be changed to add the following: 

Alternative inspections for repair 

configurations require an AMOC to this 

AD only, not the requirements of AD 

2003–18–10, which have been 

superseded by the inspection in Boeing 

Alert Service Bulletin 767–53A0147, 

dated August 16, 2007. This AMOC 

applies only to the areas inspected as 

specified in Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007. 

Delta Airlines states that all repairs 

that would receive an AMOC to any of 

the repetitive inspections required by 

this AD (in the repaired area) should 

automatically be considered as having 

received an AMOC to the respective and 

equivalent inspections required by AD 

2003–18–10. Delta adds that this is for 

SSIs 53–80–I01B, C, D, and E, as 

specified in paragraph 1.F. of Boeing 

Alert Service Bulletin 767–53A0147, 

dated August 16, 2007. Delta notes that 

the operator should not have to apply 

for such an AMOC. 

We do not agree that an AMOC is not 

necessary for inspection requirements in 

areas repaired as required by AD 2003– 

18–10. The repairs required by this AD 

affect the ability to accomplish certain 

inspections required by AD 2003–18– 

10, resulting in the need for an AMOC 

to that AD. The AMOC provided in 

paragraph 1.F. of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, allows for only the inspections in 

Boeing Alert Service Bulletin 767– 

53A0147, dated August 16, 2007, to be 

an AMOC to certain inspections in AD 

2003–18–10. That AMOC does not 

include approval of inspections as a 

separate AMOC to this AD as a result of 

a repair in repaired areas. However, we 

agree that inspections of repaired areas, 

if approved as an AMOC for the 

inspection requirements of this AD, 

should also be approved as an AMOC to 

the inspection required by AD 2003–18– 

10 for the repaired areas only. 

Additionally, we agree that the AMOC 

paragraph should be clarified relative to 

inspections of repaired areas as required 

by AD 2003–18–10. We have added 

paragraph (g)(4) to this AD for 

clarification and to provide this AMOC 

approval. 

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 change described previously. 

This change will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 244 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 84 airplanes of 

U.S. registry. The actions take about 31 

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 $208,320, or 

$2,480 per airplane, per inspection 

cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

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 adding 

the following new AD: 

2009–06–19 Boeing: Amendment 39–15856. 

Docket No. FAA–2008–0898; Directorate 

Identifier 2007–NM–200–AD. 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12245 

Effective Date 

(a) This airworthiness directive (AD) is 

effective April 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200 and 767–300 series airplanes, certificated 

in any category; as identified in Boeing Alert 

Service Bulletin 767–53A0147, dated August 

16, 2007. 

Unsafe Condition 

(d) This AD results from analysis that 

indicates fatigue cracks of the web lap splice, 

tear strap splice, or super tear strap splice of 

the aft bulkhead are expected to occur on 

certain Boeing Model 767–200 and 767–300 

series airplanes. We are proposing this AD to 

detect and correct fatigue cracks of the aft 

pressure bulkhead, which could result in 

rapid decompression of the passenger 

compartment and possible damage or 

interference with airplane control systems 

that penetrate the bulkhead, and consequent 

loss of controllability of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections and Applicable Related 

Investigative and Corrective Actions 

(f) Except as provided by paragraphs (f)(1) 

and (f)(2) of this AD: At the applicable 

compliance time and repeat intervals listed 

in Tables 1 and 2 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, do detailed inspections of the aft 

pressure bulkhead for damage, midfrequency eddy current (MFEC) and low 

frequency eddy current (LFEC) inspections of 

radial web lap splices, tear strap splices, and 

super tear strap splices for cracking, and 

applicable corrective actions, by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. 

(1) Where Table 1 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, specifies a compliance time after the 

date on that service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(2) Where Boeing Alert Service Bulletin 

767–53A0147, dated August 16, 2007, 

specifies a compliance time of ‘‘As given by 

Boeing’’ or to contact Boeing for the 

appropriate action, this AD requires, before 

further flight, inspections of the area of repair 

and repair of any damaged/cracked part, as 

applicable, using a method approved in 

accordance with the procedures specified in 

paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Tamara L. Anderson, Aerospace Engineer, 

Airframe Branch, ANM–120S, 1601 Lind 

Avenue, SW., Renton, Washington telephone 

(425) 917–6421; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(4) Inspections of repaired areas approved 

as an AMOC for the inspection requirements 

of this AD are also approved as an AMOC to 

the inspections for the repaired areas only as 

required by paragraph (d) of AD 2003–18–10. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, 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: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr

_locations.html. 

Issued in Renton, Washington, on March 

12, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5961 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1361; Directorate 

Identifier 2008–NM–140–AD; Amendment 

39–15858; AD 2009–06–21] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–102, –103, and –106 

Airplanes, and Model DHC–8–200, 

–300, and –400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: 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: 

A fuselage spoiler cable disconnect sensing 

device was installed in production on later 

DHC–8 Series 100/200/300 aircraft, and on 

all DHC–8 Series 400 aircraft. On earlier 

DHC–8 Series 100/200/300 aircraft, its 

installation was mandated by [Canadian] 

Airworthiness Directive CF–2006–13 [which 

corresponds to FAA AD 2007–21–16]. 

However, several incorrectly assembled 

spoiler cable disconnect sensing devices have 

recently been discovered on in-service 

aircraft. A pulley and plastic spacer had been 

inadvertently interchanged during assembly 

of the device in production, resulting in the 

spoiler cable sliding on the spacer rather than 

on the pulley, as designed. 

Continued operation with an incorrectly 

assembled spoiler cable disconnect sensing 

device could result in impaired operation of 

the sensing device and/or an eventual 

fuselage spoiler cable disconnect, with 

possible reduced controllability of the 

aircraft. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 28, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

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. 

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