12252 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Dornier 328 Temporary Revision ALD–084 to the Dornier 328 Airworthiness Limitations Document.Original .............................................. November 7, 2005. 

Dornier Service Bulletin SB–328–32–245 ...................................................... 2 ......................................................... November 21, 2007. 

Messier-Dowty Service Bulletin 800–32–014 ................................................. 1 ......................................................... July 19, 1999. 

Messier-Dowty Service Bulletin 800–32– 

014, Revision 1, dated July 19, 1999, contains 

the following effective pages: 

Page Nos. Revision level shown on page Date shown on page 

1, 6–8, 10, 12 ................................................................... 1 ....................................................................................... July 19, 1999. 

2–5, 9, 11, 13, 14 ............................................................. Original ............................................................................ January 18, 1999. 

(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 Dornier service information 

identified in this AD, contact 328 Support 

Services GmbH, Global Support Center, P.O. 

Box 1252, D–82231 Wessling, Federal 

Republic of Germany; telephone +49 8153 

88111 6666; fax +49 8153 88111 6565; e-mail 

gsc.op@328support.de; Internet http:// 

www.328support.de. 

(3) For Messier-Dowty service information 

identified in this AD, contact Messier 

Services Americas, Customer Support Center, 

45360 Severn Way, Sterling, Virginia 20166– 

8910; telephone 703–450–8233; fax 703–404– 

1621; Internet https:// 

techpubs.services.messier-dowty.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 February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5955 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–2006–25390; Directorate 

Identifier 2005–NM–224–AD; Amendment 

39–15844; AD 2009–06–08] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 767 airplanes. This AD 

requires repetitive inspections for 

cracking of the wing skin, and related 

investigative/corrective actions if 

necessary. This AD results from reports 

of cracks found in the lower wing skin 

originating at the forward tension bolt 

holes of the aft pitch load fitting. We are 

issuing this AD to detect and correct 

cracking in the lower wing skin for the 

forward tension bolt holes at the aft 

pitch load fitting, which could result in 

a fuel leak and reduced structural 

integrity of the airplane. 

DATES: This AD becomes effective April 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 28, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207; 

telephone 206–544–9990; fax 206–766– 

5682; e-mail DDCS@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 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 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain Boeing 

Model 767 airplanes. That supplemental 

NPRM was published in the Federal 

Register on May 23, 2008 (73 FR 30009). 

That supplemental NPRM proposed to 

require repetitive inspections for 

cracking of the wing skin, and related 

investigative/corrective actions if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for the Supplemental NPRM 

Boeing concurs with the contents of 

the proposed rule. 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12253 

Request To Revise Compliance Time in 

Paragraph (f)(1) of the Supplemental 

NPRM 

Continental Airlines requests that we 

change the compliance time in 

paragraph (f)(1) of the supplemental 

NPRM from ‘‘prior to the accumulation 

of 10,000 total flight cycles or 30,000 

total flight hours, whichever occurs 

first’’ to ‘‘prior to the accumulation of 

10,000 total flight cycles or 50,000 total 

flight hours, whichever occurs first.’’ 

Continental states that the reported 

cracks have been on airplanes with 

moderate (13,000+) to high (20,000+) to 

very high (37,000+) total flight cycles. 

According to Continental, in all cases 

but one, all of the findings have been on 

airplanes with moderate (44,000+) to 

high (67,000+) flight hours. Further, 

Continental states that in the case of the 

one airplane with high flight cycles 

(20,000+) and low flight hours (less than 

23,000 hours), cyclic stresses have 

played a major role. 

We disagree with the request to 

change the compliance time. The 

manufacturer set the flight-hour 

threshold based on equivalent fatigue 

damage caused by flight hours as 

compared to flight cycles. The threshold 

for inspection is set below where the 

cracking is found. Setting the threshold 

at 50,000 total flight hours would set the 

threshold above five of eight reports. We 

have not changed the AD in this regard. 

However, under the provisions of 

paragraph (o) of this AD, we will 

consider requests for approval of an 

alternative compliance time if sufficient 

data are submitted to substantiate that 

the change in compliance time would 

provide an acceptable level of safety. 

Request To Revise Compliance Time in 

Paragraph (h) of the Supplemental 

NPRM 

UPS requests that we change the 

flight-cycle threshold for the inspection 

specified in paragraph (h) of the 

supplemental NPRM. UPS recommends 

that the compliance time be 16,500 

flight cycles from the last 

accomplishment of the inspection 

required by paragraph (g) of this AD, 

rather than 3,000 flight cycles. UPS 

states that the open-hole high frequency 

eddy current (HFEC) inspection is set 

up such that a crack originating at the 

forward tension bolt hole of the aft pitch 

load fitting would be detected at the 

crack initiation. UPS adds that the 

corresponding interval of 16,500 flight 

cycles is such that if a crack were to 

develop immediately following the 

initial bolt open-hole HFEC inspection, 

it would not grow to a critical size 

before detection at the next inspection 

interval of 16,500 flight cycles. 

We disagree with the request to revise 

the compliance time. The external 

inspection specified in Part 1 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 

1, dated October 18, 2007, will not 

detect cracks that are hidden by the 

fitting, but will detect these cracks only 

when a crack grows beyond the fitting. 

In particular, the Part 1 inspection will 

not detect large cracks growing aft that 

are hidden by the fitting. Also, there is 

a preload in the skin due to ‘‘clamp-up 

stress’’ from the bolts. These clamp-up 

stresses add to uncertainty in the 

analysis. The 3,000-flight-cycle 

threshold will allow for additional 

opportunities to detect possible cracks 

once they grow beyond the fitting. In 

addition, the open-hole HFEC 

inspection does not detect cracks until 

they reach a detectable crack length. We 

have not changed the AD in this regard. 

However, under the provisions of 

paragraph (o) of this AD, we will 

consider requests for approval of an 

alternative compliance time if sufficient 

data are submitted to substantiate that 

the change in compliance time would 

provide an acceptable level of safety. 

Request To Change ‘‘and’’ to ‘‘or’’ in 

Paragraph (g)(1) of the Supplemental 

NPRM 

UPS requests that we change the 

‘‘and’’ in paragraph (g)(1) of the 

supplemental NPRM to an ‘‘or.’’ That 

part of paragraph (g)(1) of the 

supplemental NPRM states, ‘‘Do the 

inspection at the later time specified in 

paragraph (g)(1)(i) and (g)(1)(ii) of this 

AD.’’ UPS interprets that the intent of 

paragraph (g)(1)(ii) of the supplemental 

NPRM is to allow airplanes that are 

approaching or have surpassed the 

paragraph (g)(1)(i) threshold a 

reasonable timeframe to accomplish Part 

2 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–57A0097, 

Revision 1, dated October 18, 2007. UPS 

also states that similar paragraphs 

elsewhere in the NPRM use ‘‘or’’ rather 

than ‘‘and.’’ 

We agree with the request to change 

the ‘‘and’’ to an ‘‘or’’ for the reasons 

stated. We have revised paragraph (g)(1) 

of this AD accordingly. We have also 

revised paragraph (g)(2) of this AD to 

make the same change for consistency. 

Request To Limit Wording to Repaired 

Fastener Holes Only 

UPS requests that we revise the 

wording in paragraph (j)(1) of the 

supplemental NPRM to change ‘‘the 

repaired wing only’’ to ‘‘repaired 

fastener hole(s) only.’’ UPS states that, 

as the supplemental NPRM is written, a 

freeze plug repair on either the inboard 

or outboard forward tension bolt hole of 

the aft pitch load fitting would end the 

repetitive inspections of paragraphs (f) 

and (g) of the supplemental NPRM for 

both the inboard and outboard forward 

tension bolt holes on that wing. 

We disagree with the request to 

change the wording in paragraph (j)(1) 

of this AD. Our intention is that after 

doing the freeze plug repair specified in 

paragraph (j)(1) of this AD, the 

inspections specified in paragraphs (f) 

and (g) of this AD need not be done for 

the repaired wing and not just for the 

repaired fastener hole(s) as the 

commenter suggests. Instead of the 

inspections required by paragraphs (f) 

and (g) of this AD, the inspections 

required by paragraph (k) of this AD 

must be done. We have not changed the 

AD in this regard. 

Request To Expand Inspection Area in 

Service Bulletin 

Continental requests that Boeing 

Service Bulletin 767–57A0097, Revision 

1, dated October 18, 2007 (‘‘the service 

bulletin’’), include instructions for what 

to do if an operator finds cracks in the 

expanded area of inspection beyond the 

two bolt holes; or, as an option, a 

statement to contact Boeing for further 

disposition. Continental points out that 

Part 2 of the Work Instructions in the 

service bulletin provides disposition for 

any finding around the two bolt hole 

areas only. 

We disagree that instructions need to 

be added. The inspections specified in 

Part 1 of the service bulletin are 

accomplished as given in Figure 3 of the 

service bulletin. The accomplishment 

instructions in Part 1 of the service 

bulletin give instructions for repairing 

any crack before further flight. The 

instructions in Figure 3 of the service 

bulletin specify that operators should 

contact ‘‘The Boeing Company’’ for 

repair instructions. Paragraph (l) of this 

AD states that where the service bulletin 

specifies to contact Boeing for 

appropriate action, operators must 

repair the cracking using a method 

approved in accordance with the 

procedures specified in paragraph (o) of 

this AD. We have not changed the AD 

in this regard. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the change described 

previously. We have determined that 

this change will neither increase the 

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12254 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 918 airplanes of the 

affected design in the worldwide fleet, 

and about 387 airplanes of U.S. Registry. 

The following table provides the 

estimated costs, at an average labor rate 

of $80 per hour, for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work 

hours Parts Cost per airplane Fleet cost 

Repetitive inspections, per inspection cycle (Part 

1).

8 None .............................. $640, per inspection 

cycle.

$247,680. 

Inspection, rework, and bolt installation (Part 2) .... 8 Between $303 and 

$12,716.

Between $943 and 

$13,356.

Between $364,941, and 

$5,168,772. 

Repetitive inspections for certain airplanes (Part 

4).

4 None .............................. $320, per inspection 

cycle.

$123,840, 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 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

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

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2009–06–08 Boeing: Amendment 39–15844. 

Docket No. FAA–2006–25390; 

Directorate Identifier 2005–NM–224–AD. 

Effective Date 

(a) This AD becomes effective April 28, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200, –300, –300F, and –400ER series 

airplanes, certificated in any category; as 

identified in Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007. 

Unsafe Condition 

(d) This AD results from reports of cracks 

found in the lower wing skin originating at 

the forward tension bolt holes of the aft pitch 

load fitting. We are issuing this AD to detect 

and correct cracking in the lower wing skin 

for the forward tension bolt holes at the aft 

pitch load fitting, which could result in a fuel 

leak and reduced structural integrity 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. 

External Inspections of the Wing Skin 

(f) For airplanes identified as Group 1, 

Configuration 1, 2, 3, or 6; Group 2, 

Configuration 1, 2, 3, or 6; and Group 3, 

Configuration 1 or 3; in Boeing Service 

Bulletin 767–57A0097, Revision 1, dated 

October 18, 2007: At the later of the times 

specified in paragraph (f)(1) or (f)(2) of this 

AD, perform the detailed inspection and the 

external high frequency eddy current (HFEC) 

or dye penetrant inspections for cracking as 

specified in Part 1 of the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007. 

Repeat the inspections at intervals not to 

exceed 3,000 flight cycles or 12,000 flight 

hours, whichever occurs first, until the 

actions required by paragraph (g) or (j) of this 

AD are accomplished. 

(1) Prior to the accumulation of 10,000 

total flight cycles or 30,000 total flight hours, 

whichever occurs first. 

(2) Within 3,000 flight cycles or 12,000 

flight hours after the effective date of this AD, 

whichever occurs first. 

Internal Inspections of the Wing Skin 

(g) For airplanes identified in paragraphs 

(g)(1) and (g)(2) of this AD: Perform the bolt 

open-hole inspections for cracking in 

accordance with Part 2 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007, at the times specified 

in paragraph (g)(1) or (g)(2) of this AD, as 

applicable, until the requirement of 

paragraphs (h) or (j)(1) of this AD are 

accomplished. Doing the actions in this 

paragraph terminates the requirements of 

paragraph (f) of this AD. 

(1) For airplanes on which the 

modifications of the nacelle strut and wing 

structure specified in any service bulletin 

listed in Table 1 of this AD have been done: 

Do the inspection at the later time specified 

in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. 

Repeat the inspections at intervals not to 

exceed 16,500 flight cycles or 65,000 flight 

hours, whichever occurs first. 

(i) Within 16,500 flight cycles or 65,000 

flight hours, whichever occurs earlier, after 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12255 

accomplishment of a service bulletin 

identified in Table 1 of this AD. 

(ii) Within 3,000 flight cycles or 12,000 

flight hours after the effective date of this AD, 

whichever occurs first. 

TABLE 1—THRESHOLD SERVICE BULLETINS

Boeing Service Bulletin— Revision level— Dated— 

767–54–0080 .................................................................... Original ............................................................................ October 7, 1999. 

767–54–0080 .................................................................... 1 ....................................................................................... May 9, 2002. 

767–54–0081 .................................................................... Original ............................................................................ July 29, 1999. 

767–54–0081 .................................................................... 1 ....................................................................................... February 7, 2002. 

767–54–0082 .................................................................... Original ............................................................................ October 28, 1999. 

767–54–0082 .................................................................... 1 ....................................................................................... November 4, 2004. 

767–54–0082 .................................................................... 3 ....................................................................................... September 20, 2007. 

(2) For airplanes on which the 

modifications of the nacelle strut and wing 

structure specified in any service bulletin 

listed in Table 1 of this AD have not been 

done: Do the inspection at the later of the 

times specified in paragraph (g)(2)(i) or 

(g)(2)(ii) of this AD. Repeat the inspections at 

intervals not to exceed 16,500 flight cycles or 

65,000 flight hours, whichever occurs first. 

(i) Before the accumulation of 20,000 total 

flight cycles or 60,000 total flight hours, 

whichever occurs earlier. 

(ii) Within 72 months after the effective 

date of this AD. 

Acceptable Method of Compliance With 

Paragraph (g) of This AD 

(h) For all airplanes: Doing the actions in 

both paragraphs (h)(1) and (h)(2) of this AD 

is an acceptable method of compliance for 

the repetitive inspection requirements of 

paragraph (g) of this AD after the initial 

paragraph (g) inspection is accomplished. 

(1) Accomplishing the inspections 

specified in Part 1 of the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007, 

within 3,000 flight cycles or 12,000 flight 

hours, whichever occurs first, after the 

accomplishment of the most recent 

inspection done in accordance with 

paragraph (g) of this AD (Part 2 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007). 

(2) Repeating the inspections specified in 

Part 1 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–57A0097, 

Revision 1, dated October 18, 2007, at 

intervals not to exceed 3,000 flight cycles or 

12,000 flight hours, whichever occurs first. 

Repair of Cracking 

(i) If cracking is found during any 

inspection required by paragraph (f) or (h) of 

this AD: Before further flight, repair in 

accordance with the procedures specified in 

paragraph (o) of this AD. 

(j) If cracking is found during any 

inspection required by paragraph (g) of this 

AD: Before further flight, oversize the 

fastener hole in accordance with Part 2 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007, except as provided 

by paragraphs (j)(1) and (j)(2) of this AD. 

(1) If any cracking cannot be removed by 

oversizing the fastener hole in accordance 

with Part 2 of the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007, 

before further flight, accomplish the freeze 

plug repair in accordance with Part 3 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007, except as provided 

by paragraph (j)(2) of this AD. Accomplishing 

the freeze plug repair ends the repetitive 

inspections required by paragraphs (f) and (g) 

of this AD for the repaired wing only. 

(2) If any cracking is outside the limits 

specified for the freeze plug repair in Part 3 

of the Accomplishment Instructions of 

Boeing Service Bulletin 767–57A0097, 

Revision 1, dated October 18, 2007, before 

further flight, repair in accordance with the 

procedures specified in paragraph (o) of this 

AD. 

Repetitive Inspections Required After Freeze 

Plug Repair 

(k) For airplanes on which of the 

requirements of paragraph (j)(1) of this AD 

have been accomplished, perform the 

repetitive inspections specified in paragraphs 

(k)(1) and (k)(2) of this AD at the times 

specified. 

(1) At the later time in paragraph (k)(1)(i) 

or (k)(1)(ii) of this AD: Accomplish the 

external inspections specified in Part 1 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007. If any cracking is 

found during any inspection required by this 

paragraph, before further flight, repair in 

accordance with the procedures specified in 

paragraph (o) of this AD. Repeat the external 

inspections at intervals not to exceed 3,000 

flight cycles or 12,000 flight hours, 

whichever occurs earlier. 

(i) Prior to the accumulation of 37,500 total 

flight cycles or 90,000 total flight hours, 

whichever occurs earlier. 

(ii) Within 18 months after 

accomplishment of the freeze plug repair 

specified in Part 3 of the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007. 

(2) At the later of the times specified in 

paragraph (k)(2)(i) or (k)(2)(ii) of this AD: 

Perform an internal HFEC for cracking, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007. If any cracking is 

found during any inspection required by this 

paragraph, before further flight, repair in 

accordance with the procedures specified in 

paragraph (o) of this AD. Repeat the 

inspections at intervals not to exceed 12,000 

flight cycles or 48,000 flight hours, 

whichever occurs earlier. 

(i) Prior to the accumulation of 37,500 total 

flight cycles or 90,000 total flight hours, 

whichever occurs earlier. 

(ii) Within 72 months after 

accomplishment of the freeze plug repair 

specified in Part 3 of the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007. 

Repair of Certain Cracking 

(l) If any cracking is found during any 

inspection required by this AD, and Boeing 

Service Bulletin 767–57A0097, Revision 1, 

dated October 18, 2007, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair the cracking using a method 

approved in accordance with the procedures 

specified in paragraph (o) of this AD. 

No Reporting Requirement 

(m) Although Boeing Service Bulletin 767– 

57A0097, Revision 1, dated October 18, 2007, 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

Credit for Actions Accomplished Previously 

(n) Actions done before the effective date 

of this AD in accordance with Boeing Alert 

Service Bulletin 767–57A0097, dated 

September 29, 2005, are acceptable for 

compliance with the corresponding 

requirements of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Tamara 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; 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. 

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12256 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

1 16 U.S.C. 824o (2006). 

(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 

(p) You must use Boeing Service Bulletin 

767–57A0097, Revision 1, dated October 18, 

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 that is incorporated by reference 

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 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. E9–5953 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket Nos. RM08–7–000 and RM08–7– 

001; Order No. 713–A] 

Modification of Interchange and 

Transmission Loading Relief Reliability 

Standards; and Electric Reliability 

Organization Interpretation of Specific 

Requirements of Four Reliability 

Standards 

Issued March 19, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: Pursuant to section 215 of the 

Federal Power Act (FPA), the Federal 

Energy Regulatory Commission 

(Commission) approves Reliability 

Standard IRO–006–4, submitted to the 

Commission for approval by the North 

American Electric Reliability 

Corporation (NERC). The Reliability 

Standard addresses transmission 

loading relief requirements, which 

provide a mechanism to manage and, if 

necessary, curtail interchange 

transactions. In addition, pursuant to 

section 215(d)(5) of the FPA, the 

Commission directs NERC to develop 

modifications to Reliability Standard 

IRO–006–4 to address specific 

Commission concerns. 

DATES: Effective Date: This rule will 

become effective April 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Harwood (Technical 

Information), Office of Electric 

Reliability, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

6125, patrick.harwood@ferc.gov. 

Christopher Daignault (Legal 

Information), Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8286, christopher.daignault@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

TABLE OF CONTENTS

Paragraph 

Numbers 

I. Background ............................................................................................................................................................................................ 2 

A. Procedural Background ................................................................................................................................................................ 2 

B. Reliability Standard IRO–006–4 .................................................................................................................................................. 6 

II. Discussion ............................................................................................................................................................................................ 11 

A. Approval of Reliability Standard IRO–006–4 ............................................................................................................................. 11 

1. Transfer of Business-Related Requirements to NAESB ....................................................................................................... 15 

2. Improvements to the TLR Procedure .................................................................................................................................... 18 

B. Requirement R1 ............................................................................................................................................................................ 22 

1. Use of TLR Procedure in Conjunction With Other Procedures To Mitigate an IROL Violation ...................................... 23 

2. Use of TLR Procedure Alone To Mitigate an IROL Violation ............................................................................................. 37 

3. Use of Demand-Side Management To Mitigate IROL Violations ........................................................................................ 41 

C. Violation Risk Factors .................................................................................................................................................................. 46 

1. Comments ............................................................................................................................................................................... 47 

2. Commission Determination on Violation Risk Factors ....................................................................................................... 59 

3. Commission Determination on Violation Severity Levels .................................................................................................. 70 

III. Information Collection Statement ...................................................................................................................................................... 73 

IV. Environmental Analysis ..................................................................................................................................................................... 76 

V. Regulatory Flexibility Act ................................................................................................................................................................... 77 

VI. Document Availability ....................................................................................................................................................................... 78 

VII. Effective Date and Congressional Notification ................................................................................................................................ 81 

1. Pursuant to section 215 of the 

Federal Power Act (FPA) 1 the 

Commission approves Reliability 

Standard IRO–006–4, submitted to the 

Commission for approval by the North 

American Electric Reliability 

Corporation (NERC). The Reliability 

Standard addresses transmission 

loading relief requirements, which 

provide a mechanism to manage and, if 

necessary, curtail interchange 

transactions. In addition, pursuant to 

section 215(d)(5) of the FPA, the 

Commission directs NERC to develop 

modifications to Reliability Standard 

IRO–006–4 to address specific concerns 

identified by the Commission. 

I. Background 

A. Procedural Background 

2. On December 21, 2007, NERC, the 

Commission-certified electric reliability 

mstockstill on PROD1PC66 with RULES