[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64633-64636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1036; Directorate Identifier 2009-NM-247-AD; 
Amendment 39-16480; AD 2010-22-01]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767-200, -300, 
and -300F Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires repetitive 
inspections for fatigue cracking and corrosion of the upper link fuse 
pin of the nacelle struts, and related investigative and corrective 
actions if necessary. The existing AD also provides terminating action 
for the repetitive inspections. This AD revises certain criteria for 
the terminating action. This AD was prompted by two reports of cracked 
upper link fuse pins. We are issuing this AD to prevent fatigue 
cracking or corrosion of the upper link fuse pin, which could result in 
failure of the fuse pin and consequent reduced structural integrity of 
the nacelle strut and possible separation of the strut and engine from 
the airplane during flight.

DATES: This AD is effective November 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 4, 
2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 5, 2009 (74 FR 50692, October 1, 2009).
    We must receive comments on this AD by December 6, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; e-mail <a href="/cdn-cgi/l/email-protection#f79a92d995989294989ab79598929e9990d994989a"><span class="__cf_email__" data-cfemail="6c0109420e03090f03012c0e030905020b420f0301">[email protected]</span></a>; Internet 
https://www.myboeingfleet.com. You may review copies of the referenced 
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.

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 street address for 
the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6577; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 18, 2009, we issued AD 2009-20-09, Amendment 39-16032 
(74 FR 50692, October 1, 2009), for certain Model 767-200, -300, and -
300F series airplanes. That AD requires repetitive inspections for 
fatigue cracking and corrosion of the upper link fuse pin of the 
nacelle struts, and related investigative and corrective actions if 
necessary. That AD also provides terminating action for the repetitive 
inspections. That AD resulted from two reports of cracked upper link 
fuse pins. We issued that AD to prevent fatigue cracking or corrosion 
of the upper link fuse pin, which could result in failure of the fuse 
pin and consequent reduced structural integrity of the nacelle strut 
and possible separation of the strut and engine from the airplane 
during flight.

Actions Since Existing AD Was Issued

    We have learned that paragraph (h) of AD 2009-20-09 incorrectly 
identifies the pin replacement as acceptable for compliance with the 
optional strut modification specified in paragraph (g) of that AD. 
Rather, replacing the pin terminates only the repetitive inspections of 
the pins as required by paragraph (g) of this AD; replacing the pin 
does not terminate the requirement for the strut modification. We have 
removed credit for replacement of the fuse pins with new fuse pins from 
paragraph (h) of the existing AD (specified as paragraph (i) in this 
AD) because it is not a terminating action. We have added new paragraph 
(j) in this AD to specify that replacement of the fuse pins terminates 
the repetitive inspection requirements of paragraph (g) of this AD, and 
the strut modification is still required.
    We have also revised paragraph (b) of this AD to clarify that 
certain requirements of this AD terminate certain requirements of AD 
2000-19-09, Amendment 39-11910 (65 FR 58641, October 2, 2000), and AD 
2004-16-12, Amendment 39-13768 (69 FR 51002, August 17, 2004).

Explanation of Additional Paragraph in the AD

    We have added a new paragraph (d) to this AD to provide the Air 
Transport Association (ATA) of America subject code 54: Nacelles/
Pylons. This code is added to make this AD parallel with other new AD 
actions. We have reidentified subsequent paragraphs accordingly.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

[[Page 64634]]

AD Requirements

    This AD requires repetitive inspections for fatigue cracking and 
corrosion of the upper link fuse pin of the nacelle struts, and related 
investigative and corrective actions if necessary. This AD also 
provides terminating action for the repetitive inspections.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because this 
AD shortens the time for the repetitive intervals. Therefore, we find 
that notice and opportunity for prior public comment are impracticable 
and that good cause exists for making this amendment effective in less 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2010-1036; Directorate 
Identifier 2009-NM-247-AD;'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 354 airplanes of U.S. registry. 
This new AD adds no new costs to affected operators. The current costs 
for this AD are repeated for the convenience of affected operators, as 
follows:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                        Labor cost          Parts cost      Cost per product                   Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection of fuse pins (requirement   4 work-hours x $85 per             $0  $340 per inspection       $120,360 per inspection cycle.
 of AD 2009-20-09).                     hour = $340 per                        cycle.
                                        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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2009-20-09, Amendment 39-16032 (74 FR 50692, October 1, 2009), and 
adding the following new AD:

2010-22-01 The Boeing Company: Amendment 39-16480; Docket No. FAA-
2010-1036; Directorate Identifier 2009-NM-247-AD.

Effective Date

    (a) This AD is effective November 4, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-20-09, Amendment 39-16032. 
Certain requirements of this AD terminate certain requirements of AD 
2000-19-09, Amendment 39-11910, and AD 2004-16-12, Amendment 39-
13768.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, 
and -300F series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 767-54A0074, Revision 1, 
dated April 24, 2008.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 54: Nacelles/Pylons.

Unsafe Condition

    (e) This AD was prompted by two reports of cracked upper link 
fuse pins. We are issuing this AD to prevent fatigue cracking or 
corrosion of the upper link fuse pin, which could result in failure 
of the fuse pin and consequent reduced structural integrity of the 
nacelle strut and possible separation of the strut and engine from 
the airplane during flight.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

[[Page 64635]]

Restatement of Requirements of AD 2009-20-09, With Revised Credit 
Provisions in Paragraph (I) of This AD

Initial and Repetitive Inspections/Investigative and Corrective 
Actions

    (g) Inspect the upper link fuse pin of the nacelle struts for 
fatigue cracking and corrosion at the applicable time specified in 
Table 1 of this AD. Do the applicable inspection by doing all the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April 
24, 2008; and do all applicable related investigative and corrective 
actions before further flight. Repeat the applicable inspection at 
intervals not to exceed 3,000 flight cycles or 24 months, whichever 
is first, until the requirements of paragraph (h) of this AD have 
been done.

                        Table 1--Compliance Times
------------------------------------------------------------------------
                                          At the later of:
                          ----------------------------------------------
       Engine type          Initial inspection
                                threshold             Grace period
------------------------------------------------------------------------
JT9D.....................  14,000 total flight  Within 3,000 flight
                            cycles.              cycles or 18 months
                                                 after November 5, 2009
                                                 (the effective date of
                                                 AD 2009[dash]20-09),
                                                 whichever is first.
CF6-80A..................  24,000 total flight  Within 3,000 flight
                            cycles.              cycles or 18 months
                                                 after November 5, 2009,
                                                 whichever is first.
PW4000...................  8,000 total flight   Within 3,000 flight
                            cycles.              cycles or 18 months
                                                 after November 5, 2009,
                                                 whichever is first.
CF6-80C2.................  10,000 total flight  Within 3,000 flight
                            cycles.              cycles or 18 months
                                                 after November 5, 2009,
                                                 whichever is first.
RB211....................  24,000 total flight  Within 3,000 flight
                            cycles.              cycles or 18 months
                                                 after November 5, 2009,
                                                 whichever is first.
------------------------------------------------------------------------


    Note 1: The upper link inspections can be done with the pylon 
and/or engine in any position.


    Note 2: In paragraph 3.B, Steps 4.b.(1)(a) and 
4.b.(2)(b)(2){a{time}  of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-54A0074, Revision 1, dated April 24, 
2008, the procedures specify to apply two layers of Boeing Material 
Specification (BMS) 10-11 primer to the inside surface of the fuse 
pin if no crack indication is found. However, two layers of primer 
are only necessary to touch up bare areas on the fuse pin if no 
crack indication is found.

Terminating Action in AD 2000-19-09, Amendment 39-11910, and AD 2004-
16-12, Amendment 39-13768

    (h) Accomplishment of the modification specified in paragraph 
(h)(1) or (h)(2) of this AD, as applicable, terminates the 
inspections required by paragraph (g) of this AD.
    (1) For Model 767 series airplanes powered by Rolls-Royce RB211 
series engines, as identified in AD 2000-19-09: Modification of the 
nacelle strut and wing structure, as required by paragraphs (a) and 
(b) of AD 2000-19-09.
    (2) For Model 767-200, -300, and -300F series airplanes powered 
by Pratt & Whitney and General Electric engines, as identified in AD 
2004-16-12: Modification of the nacelle strut and wing structure, as 
required by paragraphs (a), (b), (d), and (e) of AD 2004-16-12.

Credit for Inspection Done Using Previous Service Information

    (i) Inspection of the fuse pins before November 5, 2009, in 
accordance with Boeing Service Bulletin 767-54-0074, dated March 27, 
1997, is acceptable for compliance with the inspections required by 
paragraph (g) of this AD, except that operator's equivalent 
procedures are not allowed.

New Requirements of This AD

Optional Terminating Action for Inspections

    (j) Replacement of the fuse pins with new fuse pins (not 
serviceable fuse pins), in accordance with Boeing Service Bulletin 
767-54-0074, dated March 27, 1997; or Boeing Alert Service Bulletin 
767-54A0074, Revision 1, dated April 24, 2008; terminates the 
repetitive inspections of the fuse pins required by paragraph (g) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#c3faee828d8eee90a6a2b7b7afa6ee82808cee828e8c80ee91a6b2b6a6b0b7b083a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="cdf4e08c8380e09ea8acb9b9a1a8e08c8e82e08c80828ee09fa8bcb8a8beb9be8dabacace3aaa2bb">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD. AMOCs that specified using new pins 
(not serviceable pins) approved previously in accordance with AD 
2009-20-09, Amendment 39-16032, are approved as AMOCs for the 
corresponding provisions of paragraph (h) of this AD.

Related Information

    (l) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6577; fax (425) 917-6590.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 767-54A0074, 
Revision 1, dated April 24, 2008, to do the actions required by this 
AD, unless the AD specifies otherwise. If you accomplish the 
optional terminating actions specified in this AD, you must use 
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April 
24, 2008; or Boeing Service Bulletin 767-54-0074, dated March 27, 
1997; 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 767-54-0074, 
dated March 27, 1997, 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-
54A0074, Revision 1, dated April 24, 2008, on November 5, 2009 (74 
FR 50692, October 1, 2009).
    (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 
<a href="/cdn-cgi/l/email-protection#4528206b272a20262a2805272a202c2b226b262a28"><span class="__cf_email__" data-cfemail="89e4eca7ebe6eceae6e4c9ebe6ece0e7eea7eae6e4">[email protected]</span></a>; 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.
    (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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 64636]]


    Issued in Renton, Washington, on October 6, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-26224 Filed 10-19-10; 8:45 am]
BILLING CODE 4910-13-P


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