Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 38905 

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 AD 2007–03–17, Amendment 

39–14928 (72 FR 5923, February 8, 

2007) and adding the following new AD: 

2007–03–17 R1 SOCATA: Amendment 39– 

15983; Docket No. FAA–2006–26234; 

Directorate Identifier 2006–CE–064–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 9, 2009. 

Affected ADs 

(b) This AD revises AD 2007–03–17, 

Amendment 39–14928 (72 FR 5923, February 

8, 2007). 

Applicability 

(c) This AD applies to TBM 700 airplanes, 

serial numbers 1 through 345, certificated in 

any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

This Airworthiness Directive (AD) was 

prompted by reports of loose rivets on frames 

C18 BIS and C19, which could result in a 

reduced structural integrity of the tail area. 

This MCAI requires you to inspect the rivets 

on frames C18 BIS and C19, and, if necessary, 

apply corrective actions. You may obtain 

further information by examining the MCAI 

in the AD docket. 

Actions and Compliance 

(f) Unless already done, within the next 

100 hours time-in-service (TIS) after 

September 9, 2009 (the effective date of this 

AD) or within the next 12 months after 

September 9, 2009 (the effective date of this 

AD), whichever occurs later, and repetitively 

thereafter at intervals not to exceed every 100 

hours TIS, do a detailed inspection of the 

area and apply corrective actions, as 

necessary. Follow the accomplishment 

instructions of either SOCATA TBM Aircraft 

Mandatory Service Bulletin SB 70–129, dated 

June 2005 or SOCATA TBM Aircraft 

Mandatory Service Bulletin SB 70–129, 

AMENDMENT 1, dated February 2009. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: SOCATA 

revised the service bulletin used in AD 2007– 

03–17, Amendment 39–14928 (72 FR 5923, 

February 8, 2007). The revised service 

bulletin changes the applicability of the 

airplanes from what was in the original 

service bulletin. The MCAI has not been 

revised and allows the use of ‘‘Any 

subsequent approved revision of this 

document is acceptable’’ for service bulletin 

revisions. The FAA AD does not have a 

similar provision. This revised AD changes 

the Applicability section based on the 

revised service bulletin. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090. 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. 

(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. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, 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 and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Direction Ge ́ne ́rale de 

l’aviation Civile Airworthiness Directive No 

F–2005–132, dated August 3, 2005; SOCATA 

TBM Aircraft Mandatory Service Bulletin SB 

70–129, dated June 2005; and SOCATA TBM 

Aircraft Mandatory Service Bulletin SB 70– 

129, AMENDMENT 1, dated February 2009 

for related information. 

Material Incorporated by Reference 

(i) You must use SOCATA TBM Aircraft 

Mandatory Service Bulletin SB 70–129, dated 

June 2005, or SOCATA TBM Aircraft 

Mandatory Service Bulletin SB 70–129, 

AMENDMENT 1, dated February 2009, 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 

SOCATA TBM Aircraft Mandatory Service 

Bulletin SB 70–129, AMENDMENT 1, dated 

February 2009, under 5 U.S.C. 552(a) and 1 

CFR part 51. 

(2) On March 15, 2007 (72 FR 5923, 

February 8, 2007), the Director of the Federal 

Register previously approved the 

incorporation by reference of SOCATA TBM 

Aircraft Mandatory Service Bulletin SB 70– 

129, dated June 2005. 

(3) For service information identified in 

this AD, contact SOCATA, 65921 Tarbes 

Cedex 9, France; Telephone: +33 (0) 5 62 41 

73 00; Fax: +33 (0)5 62 41 73 05; Internet: 

http://www.socata.com. 

(4) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(5) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on July 16, 

2009. 

Wes Ryan, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17897 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29173; Directorate 

Identifier 2006–NM–283–AD; Amendment 

39–15989; AD 2009–16–06] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Boeing Model 767 airplanes. This AD 

requires installing an automatic shutoff 

system for the auxiliary fuel tank 

override/jettison fuel pumps (also 

referred to as center tank fuel pumps in 

the airplane flight manual (AFM)), 

revising the AFM to advise the 

flightcrew of certain operating 

restrictions for airplanes equipped with 

an automatic auxiliary fuel tank pump 

shutoff control, and, for certain 

airplanes, installing a placard to alert 

the flightcrew of certain fuel usage 

restrictions. This AD provides optional 

terminating actions for certain 

requirements. This AD results from a 

design review of the fuel tank systems. 

We are issuing this AD to prevent an 

overheat condition outside the center 

tank fuel pump explosion-resistance 

area that is open to the pump inlet, 

which could cause an ignition source 

for the fuel vapors in the fuel tank and 

result in fuel tank explosions and 

consequent loss of the airplane. 


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38906 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

DATES: This AD is effective September 9, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of September 9, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of September 4, 2001 (66 FR 

39417, July 31, 2001). 

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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6505; 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 all 

Boeing Model 767 airplanes. That 

NPRM was published in the Federal 

Register on September 11, 2007 (72 FR 

51725). That NPRM proposed to require 

installing an automatic shutoff system 

for the auxiliary fuel tank override/ 

jettison pumps (referred to as center 

tank fuel pumps in the airplane flight 

manual (AFM)), revising the AFM to 

advise the flightcrew of certain 

operating restrictions for airplanes 

equipped with an automatic auxiliary 

fuel tank pump shutoff control, revising 

the Airworthiness Limitations Section 

(AWL) of certain maintenance 

documents to include new inspections 

of the automatic shutoff system for the 

auxiliary fuel tank override/jettison 

pumps, and, for certain airplanes, 

installing a placard to alert the 

flightcrew of certain fuel usage 

restrictions. 

Actions Since NPRM was Issued 

To avoid including redundant 

requirements in this AD, we have 

removed the proposed requirement to 

revise the AWL section of certain 

maintenance documents to include new 

inspections of the automatic shutoff 

system for the auxiliary fuel tank 

override/jettison pumps. This AWL 

revision is already required by AD 

2008–11–01, amendment 39–15523 (73 

FR 29414, May 21, 2008), for certain 

Boeing Model 767–200, –300, –300F, 

and –400ER series airplanes, with an 

original standard airworthiness 

certificate or original export certificate 

issued before April 22, 2006. Airplanes 

with a certificate issued on or after April 

22, 2006, must already be compliant 

with the AWL revision because those 

limitations were applicable as part of 

the airworthiness certification of those 

airplanes. We have removed the AWL 

revision requirement from this AD 

(which was in paragraph (i) of the 

NPRM) and re-identified subsequent 

paragraphs. 

We have combined the AFM text 

proposed in paragraphs (h)(1) and (h)(2) 

of the NPRM into one paragraph, 

paragraph (h), in this AD. Doing this 

moved the proposed revisions for the 

Normal Procedures section of the AFM 

and placed them with the other 

proposed revisions for the Certificate 

Limitation section of the AFM. We 

determined that the Certification 

Limitation section is the more 

appropriate section in the AFM for all 

of the revisions because the revisions 

are intended to be airplane limitations. 

In the De-fueling and Fuel Transfer 

section of the AFM text, we revised the 

text to address all fuel pumps instead of 

only the center tank fuel pumps. The 

same concern (potential ignition source) 

for dry running during de-fueling exists 

for the main tank pumps. The limitation 

revisions required in this AD are similar 

to the limitations that have been placed 

on other Boeing airplane models in 

similar AD actions. 

We have also revised the text in 

paragraph (m) of this AD (the 

Alternative Methods of Compliance 

(AMOC) paragraph) to include more 

contact information and further 

clarification on the AMOC process. 

Boeing issued Revision 2, dated 

February 12, 2009, to Service Bulletin 

767–28A0083. We have revised 

paragraph (f) of this AD to reference 

Revision 2 of the service bulletin and 

have revised paragraph (g) of this AD to 

provide credit for Boeing Service 

Bulletin 767–28A0083, Revision 1, 

dated April 26, 2007. Revision 2 of this 

service bulletin corrects the wiring 

configuration group for some airplanes, 

and adds and corrects some figures and 

references. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the six commenters. 

Request to Clarify Service Bulletin 

TDG Aerospace (TDG) states that after 

reviewing the requirements in Section 

25.981 of the Federal Aviation 

Regulations (14 CFR 25.981), it 

questions whether the service bulletins 

(listed in the following table) referenced 

in the NPRM are FAA approved. 

TABLE—SERVICE BULLETINS REFERENCED IN THE NPRM 

Boeing Alert Service Bulletin— Revision— Dated— 

767–28A0083 ....................................................................................... 1 ............................................................................... April 26, 2007. 

767–28A0083 ....................................................................................... Original .................................................................... May 3, 2006. 

767–28A0084 ....................................................................................... 1 ............................................................................... April 26, 2007. 

767–28A0084 ....................................................................................... Original .................................................................... May 3, 2006. 


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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 38907 

We have determined that the service 

information referenced in this AD meets 

applicable requirements and is FAAapproved. No change to this AD is 

necessary in this regard. 

Request To Exclude Airplanes With 

Deactivated Center Fuel Tanks 

All Nippon Airways (ANA) and ABX 

Air request that we exclude airplanes 

with deactivated center fuel tanks from 

the requirements of the NPRM. ANA 

suggests that we revise the applicability 

of the NPRM to exclude airplanes with 

deactivated center fuel tanks. ANA 

states that the center wing tank pumps 

of airplanes with deactivated center fuel 

tanks do not have power provided to the 

pumps and, therefore, do not pose a risk 

of ignition. ABX Air suggests that we 

add a paragraph stating that no action is 

required for airplanes with center fuel 

tanks deactivated in accordance with 

Boeing Alert Service Bulletin 767– 

28A0050, dated December 18, 1997; or 

Boeing Service Bulletin 767–28A0050, 

Revision 1, dated December 22, 1999. 

ABX Air also states that if pumps 

cannot operate, the identified unsafe 

condition is eliminated. ABX Air also 

states that paragraph (j) of the NPRM 

proposes to require placards and that 

requiring placards that refer to AD 

2001–15–08, amendment 39–12342 (66 

FR 39417, July 31, 2001) is 

inappropriate for airplanes with 

deactivated fuel tanks. 

We partially agree. We agree that 

deactivated center tank pumps do not 

pose an ignition risk because there is no 

power provided to these pumps. But to 

ensure that power cannot be applied to 

the pumps, we must specifically require 

the method of deactivation. Boeing Alert 

Service Bulletin 767–28A0050, dated 

December 18, 1997; or Boeing Service 

Bulletin 767–28A0050, Revision 1, 

dated December 22, 1999; provide 

adequate procedures for deactivating the 

center fuel tanks. Deactivation of center 

tanks in accordance with these service 

bulletins is approved as an optional 

terminating action for the requirements 

of paragraphs (f), (h), and (i) of this AD, 

as indicated in new paragraph (j) of this 

AD. For airplanes with tanks 

deactivated in a different manner, 

operators must request approval of an 

AMOC, as specified in paragraph (m) of 

this AD, and provide data to 

substantiate that the deactivation 

methods will ensure the safety of the 

airplane. We have also added new 

paragraph (k) to this AD to address 

airplanes on which the center fuel tanks 

are reactivated. 

In regard to the commenter’s 

statement that requiring placards is 

inappropriate for airplanes with 

deactivated fuel tanks, we agree that the 

fuel management placard specified in 

paragraph (i) of this AD is not necessary 

for airplanes with deactivated center 

fuel tanks. We have included this 

information in paragraphs (j) and (k) of 

this AD accordingly. 

Request To Allow Operating 

Limitations as Terminating Action 

UPS requests that we revise the 

NPRM to allow compliance with certain 

operating limitations specified in AD 

2001–15–08 (shutting off the pumps 

below certain fuel weight limits) and 

AFM limitations specified in the NPRM 

as terminating action for paragraphs (f) 

and (i) of the NPRM (automatic shutoff 

system installation and fuel pump 

operation limitations). According to 

UPS: 

The benefit of having the automatic shutoff 

system is achieved only if the flight crew 

fails to follow procedure. In this instance, the 

issue becomes a flight crew training issue 

which needs to be addressed in a different 

and more appropriate medium. 

UPS also states that because AD 

2001–15–08 limits operation of the 

center fuel tank to more than 1,000 

pounds of fuel at all times, the fuel 

pump is submerged and there is no 

potential for an ignition source. 

UPS asserts that, when the pumps 

remain submerged with 1,000 pounds of 

fuel, there is no opportunity for ignition 

sources to develop from the pump, and 

those conditions effectively provide a 

level of safety higher than that provided 

by installing the pump automatic 

shutoff as proposed in the NPRM. 

We disagree. AD 2001–15–08 

requires, among other things, revising 

the AFM to include procedures that will 

ensure that the center tank fuel pumps 

are always operated with useable fuel 

levels (1,000 pounds or more). However, 

that AD addressed a specific problem 

with the center tank fuel pumps that 

could lead to an ignition source in the 

fuel tank. Shutting off pumps with 1,000 

pounds of fuel remaining is regarded 

only as interim action for that specific 

unsafe condition, until the pump power 

control system changes are 

incorporated. Even in the absence of 

specific fuel pump ignition source 

issues, the fuel pump indication 

features and crew procedures in the 

original design are now considered to 

need corrective action to eliminate the 

reliance on flight crew procedures to 

prevent extended dry pump operation. 

We are aware of numerous accounts of 

pilots failing to turn pumps off at the 

current requirement of 1,000 pounds. 

We have, therefore, determined that 

installing the automatic shutoff system 

provides a higher level of safety because 

it prevents extended dry running of the 

fuel pumps. We have not changed this 

AD regarding this issue. 

Request To Clarify Airplanes Affected 

by Certain Requirements 

Boeing requests that we revise certain 

paragraphs of the NPRM to identify 

affected airplanes. According to Boeing, 

Model 767 airplanes beginning with line 

number 941 (VR088) have the center 

tank fuel pump automatic shutoff 

system installed in production and 

should be excluded from the retrofit 

requirements. 

We agree, for the reason provided by 

Boeing. We have revised paragraphs (f) 

and (h) of this AD to clarify the 

airplanes affected by the requirements 

of those paragraphs. 

Request To Include Means of 

Compliance for Universal Fault 

Interrupter (UFI) 

TDG states that it is currently 

certifying its UFI for use on Model 767 

airplanes. TDG claims that the UFI, 

already implemented on other Boeing 

airplanes, will provide (1) a center tank 

override pump automatic shutoff, (2) 

uncommanded run protection (from 

control relay failed in the ‘‘ON’’ 

position), and (3) electrical fault 

protection (line-to-ground, line-to-line, 

open phases, etc.). TDG, therefore, 

requests that we include the UFI as a 

means of compliance, if the 

supplemental type certificate (STC) for 

the Model 767 UFI is approved before 

the final rule is issued. 

We disagree with the commenter’s 

request. At this time, the TDG 767 STC 

has not yet been approved, so we cannot 

identify it as a method of compliance for 

this AD. However, we recognize that a 

similar TDG STC has been approved for 

Boeing Model 757 airplanes and that it 

was identified as a method of 

compliance for a similar AD related to 

that model. Once the 767 STC is issued, 

TDG may apply for approval of an 

AMOC for the design, as provided by 

paragraph (m) of this AD. 

Request To Match AFM and NPRM 

Language 

Japan Airlines (JAL) advises of a 

discrepancy between the wording in the 

corresponding portions of Boeing’s 

current AFM and the original NPRM. 

Paragraph (h)(2) of the NPRM states that 

center tank fuel ‘‘pumps’’ must not be 

on, but the latest revision to the AFM 

states that center tank fuel ‘‘pump 

switches’’ must not be on. 

We agree. The current AFM 

(correctly) contains the word 

‘‘switches.’’ As the commenter points 

out, the wording should be consistent in 


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38908 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

both the AFM and this document. We 

have revised paragraph (h) of this AD 

accordingly. 

Request To Revise Description of 

Affected Pumps 

Boeing requests that we revise the 

Summary and Relevant Service 

Information sections of the NPRM. 

Specifically, reference to the ‘‘auxiliary 

fuel tank boost pump’’ should be 

changed to the ‘‘override/jettison fuel 

pump’’ as the appropriate fuel pump in 

the auxiliary tank. Boeing adds that 

references to fuel ‘‘boost pumps’’ are 

typically associated with fuel pumps 

located in the main tanks, so referring 

to auxiliary fuel pumps as ‘‘boost 

pumps’’ could be confusing. 

We agree that the wording identified 

by the commenter could be confusing. 

We have revised the Summary section 

and other relevant sections in this AD 

as requested. The Relevant Service 

Information section, however, is not 

repeated in this final rule. We have also 

revised references to auxiliary tank 

pumps to ‘‘center tank fuel pumps’’ 

throughout the rest of this AD for clarity 

and consistency with the AFM text. 

Request to Correct Paragraph Reference 

JAL points out that Note 2 of the 

NPRM refers to paragraph (g) of the AD, 

but should refer to paragraph (h). We 

agree and have revised Note 1 in this 

AD (which was Note 2 in the NPRM) 

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 414 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

The fleet cost could be as high as 

$4,655,016. 

ESTIMATED COSTS

Affected airplanes Affected airplane 

groups Work hours Average hourly labor rate Cost of parts Cost per airplane 

767-200, 767-300, 767-300F ................. 1–39 29 $80 $ 8,924 $ 11,244 

40–79 25 80 8,495 10,495 

80–81 3 80 420 660 

767–400ER ............................................ All 23 80 7,911 9,751 

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: 

2009–16–06 Boeing: Amendment 39–15989. 

Docket No. FAA–2007–29173; 

Directorate Identifier 2006–NM–283–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 9, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

767–200, –300, –300F, and –400ER series 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD results from a design review 

of the fuel tank systems. We are issuing this 

AD to prevent an overheat condition outside 

the center tank fuel pump explosionresistance area that is open to the pump inlet, 

which could cause an ignition source for the 

fuel vapors in the fuel tank and 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. 

Installation 

(f) For Model 767 airplanes with line 

numbers 1 through 940 inclusive: Within 36 

months after the effective date of this AD, 

install an automatic shutoff system for the 

center tank fuel pump, in accordance with 

Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009 (for 

Model 767–200, –300, and –300F airplanes); 

or Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007 (for Model 

767–400ER airplanes); as applicable. 


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Installation According to Previous Issue of 

Service Bulletin 

(g) Installing an automatic shutoff system 

is also acceptable for compliance with the 

requirements of paragraph (f) of this AD if 

done before the effective date of this AD in 

accordance with service information 

identified in Table 1 of this AD. 

TABLE 1—PREVIOUS ISSUES OF SERVICE BULLETINS

Boeing service information Revision level Date 

Alert Service Bulletin 767–28A0083 .................................................... Original .................................................................... May 3, 2006. 

Alert Service Bulletin 767–28A0084 .................................................... Original .................................................................... May 3, 2006. 

Service Bulletin 767–28A0083 ............................................................ 1 ............................................................................... April 26, 2007. 

Revision of Airplane Flight Manual (AFM) 

(h) For Model 767 airplanes with line 

numbers 1 through 940 inclusive: 

Concurrently with accomplishing the actions 

required by paragraph (f) of this AD, revise 

Section 1, Certificate Limitations, of the 

Boeing 767 AFM to include the following: 

‘‘CENTER TANK FUEL PUMPS 

Center tank fuel pump switches must not 

be ‘‘ON’’ unless personnel are available in 

the flight deck to monitor low PRESS lights. 

For ground operations prior to engine start: 

The center tank fuel pump switches must not 

be positioned ON unless the center tank 

contains usable fuel. With center tank fuel 

pump switches ON, verify both center tank 

fuel pump low PRESS lights are illuminated 

and EICAS CTR L FUEL PUMP and CTR R 

FUEL PUMP messages are displayed. 

For ground operations after engine start 

and flight operations: The center tank fuel 

pump switch must be selected OFF when the 

respective CTR L FUEL PUMP or CTR R 

FUEL PUMP message displays. Both center 

tank fuel pump switches must be selected 

OFF when either the CTR L FUEL PUMP or 

CTR R FUEL PUMP message displays if the 

center tank is empty. During cruise flight, 

both center tank pump switches may be 

reselected ON whenever center tank usable 

fuel is indicated. 

DE-FUELING AND FUEL TRANSFER 

When transferring fuel or de-fueling center 

or main wing tanks, the fuel pump low 

PRESS lights must be monitored and the 

respective fuel pump switches positioned to 

‘‘OFF’’ at the first indication of low pressure. 

Prior to transferring fuel or de-fueling, 

conduct a lamp test of the respective fuel 

pump low PRESS lights. 

Intentional dry running of a center tank 

fuel pump (CTR L FUEL PUMP or CTR R 

FUEL PUMP message displayed on EICAS) is 

prohibited. 

Do not reset a tripped fuel pump or fuel 

pump control circuit breaker.’’ 

This may be done by inserting a copy of 

this AD into the AFM. 

Note 1: When statements identical to those 

in paragraph (h) of this AD have been 

included in the general revisions of the AFM, 

the general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

Placard Installation 

(i) For Model 767–200, –300, or –300F 

airplanes that meet the conditions of 

paragraphs (i)(1) and (i)(2) of this AD: Within 

30 days after the effective date of this AD, 

install a placard in the flight deck adjacent 

to each pilot’s primary flight display, to alert 

the flightcrew to follow the procedures 

required by paragraph (b) of AD 2001–15–08. 

The placard must include the following 

statement: ‘‘AD 2001–15–08 fuel usage 

restrictions required.’’ Alternative placard 

wording may be used if approved by an 

appropriate FAA Principal Operations 

Inspector. Alternative placard methods and 

alternative methods of mixed fleet 

configuration control may be used if 

submitted for review in accordance with the 

procedures specified in paragraph (m) of this 

AD. 

(1) The airplane is operated in a fleet of 

airplanes on which the actions specified in 

paragraph (f) of this AD have been done on 

at least one of the fleet’s airplanes. 

(2) The actions specified in paragraph (i) of 

AD 2001–15–08 (installation of modified 

center tank override and override/jettison 

fuel pumps that are not subject to the unsafe 

condition described in this AD) or paragraph 

(f) of this AD have not been done on the 

airplane. 

Note 2: If the actions specified in 

paragraph (f) of this AD have been done on 

all airplanes operated within an operator’s 

fleet, or if operation according to the fuel 

usage restrictions of AD 2001–15–08 is 

maintained until automatic shutoff systems 

are installed on all airplanes in an operator’s 

fleet: No placard is necessary before removal 

of the wet shutoff restrictions of AD 2001– 

15–08. 

Optional Terminating Action for Paragraphs 

(f), (h), and (i) of this AD: Deactivation of 

Center Fuel Tanks 

(j) Deactivation of the center fuel tanks, in 

accordance with Boeing Alert Service 

Bulletin 767–28A0050, dated December 18, 

1997; or Boeing Service Bulletin 767– 

28A0050, Revision 1, dated December 22, 

1999; terminates the requirements of 

paragraphs (f), (h), and (i) of this AD, except 

as provided by paragraph (k) of this AD. 

Reactivation of Center Fuel Tanks 

(k) For any airplane on which the center 

fuel tank is reactivated, the center fuel tank 

must be reactivated in accordance with a 

method approved by the Manager, Seattle 

Aircraft Certification Office (ACO), FAA. For 

any airplane on which the center fuel tank 

is reactivated, the requirements of paragraphs 

(f), (h), and (i) of this AD must be done before 

further flight following the reactivation, or 

within 36 months after the effective date of 

this AD, whichever occurs later. For a 

reactivation method to be approved, the 

reactivation method must meet the 

certification basis of the airplane, and the 

approval must specifically reference this AD. 

Terminating Action for AD 2001–15–08 

(l) For airplanes that have automatic 

shutoff systems installed: Accomplishing 

paragraphs (f) and (i) of this AD terminates 

the requirements of paragraphs (b) and (c) of 

AD 2001–15–08. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6505; 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 

(n) You must use Boeing Service Bulletin 

767–28A0083, Revision 2, dated February 12, 

2009; or Boeing Service Bulletin 767– 

28A0084, Revision 1, dated April 26, 2007; 

as applicable; to do the actions required by 

this AD, unless the AD specifies otherwise. 

If you accomplish the optional terminating 

action specified by this AD, you must use 

Boeing Alert Service Bulletin 767–28A0050, 

dated December 18, 1997; or Boeing Service 

Bulletin 767–28A0050, Revision 1, dated 

December 22, 1999; to perform those actions, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009; and 

Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007; under 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Boeing Alert Service Bulletin 

767–28A0050, dated December 18, 1997; and 

Boeing Service Bulletin 767–28A050, 


srobinson on DSKHWCL6B1PROD with RULES
38910 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

Revision 1, dated December 22, 1999; on 

September 4, 2001 (66 FR 39417, July 31, 

2001). 

(3) 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. 

(4) 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. 

(5) 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 July 24, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18423 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0691; Directorate 

Identifier 2009–NM–061–AD; Amendment 

39–15988; AD 2009–16–05] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.27 Mark 050 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

During the walk around check on a Fokker 

50 (F27 Mark 050) aeroplane, extensive 

damage was found on the left hand (LH) 

inner flap and nacelle. The damage had been 

caused by a broken fork of the inner flap 

outboard drive shaft. This resulted in 

asymmetric flap extension and interference 

between the flap and the nacelle. A 

metallurgical investigation showed that the 

fork end failed in a fatigue mode. Most 

probably the failure was caused by the 

‘‘cyclic load’’ as a result of regularly reaching 

the mechanical end stop position. 

* * * * * 

This condition, if not corrected, could lead 

to further cases of asymmetric flap extension, 

possibly resulting in loss of control of the 

aeroplane. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

August 20, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 20, 2009. 

We must receive comments on this 

AD by September 4, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 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: Tom 

Rodriguez, Aerospace Engineer, 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0047, 

dated March 2, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During the walk around check on a Fokker 

50 (F27 Mark 050) aeroplane, extensive 

damage was found on the left hand (LH) 

inner flap and nacelle. The damage had been 

caused by a broken fork of the inner flap 

outboard drive shaft. This resulted in 

asymmetric flap extension and interference 

between the flap and the nacelle. A 

metallurgical investigation showed that the 

fork end failed in a fatigue mode. Most 

probably the failure was caused by the 

‘‘cyclic load’’ as a result of regularly reaching 

the mechanical end stop position. 

A review of the Aircraft Maintenance 

Manual (AMM) ‘end stop clearances check’ 

for aeroplane in post-SBF50–27–030 

configuration, revealed that this inspection 

procedure, to determine and correct the 

clearance between the end stop and the flap 

drive nut, may need some improvement, 

which is now being considered. Further 

investigation showed that this type of failure 

has occurred previously on other Fokker 50 

aeroplanes, but only those modified in 

accordance with SBF50–27–030. A review of 

the experience with pre-mod SBF50–27–030 

aeroplane indicated that no failures have 

been reported. 

This condition, if not corrected, could lead 

to further cases of asymmetric flap extension, 

possibly resulting in loss of control of the 

aeroplane. 

For the reasons described above, this EASA 

AD requires a one-time inspection of the 

clearance between the flap mechanical drive 

nut and the up and down stop and a nondestructive inspection of certain components, 

if abutments marks are present or when the 

up and/or down stop touches the drive nut 

after a full up or down selection in the 

hydraulic mode. 

Based on the above described failure 

scenario, the differences in the design 

properties and the positive experience, 

aeroplanes in pre-SBF50–27–030 

configuration are not affected by this AD. 

Corrective actions include readjusting 

the up-stop position if clearance 

between the flap mechanical drive nut 

and the up-and-down-stop is incorrect, 

and if any cracks are found during the 

non-destructive inspection, replacing 

the part with a serviceable part. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Fokker has issued Service Bulletin 

SBF50–27–043, dated November 17, 

2008. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 


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