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7572 Federal Register / Vol. 72, No.

32 / Friday, February 16, 2007 / Rules and Regulations

Issued in Renton, Washington, on February Contact Boeing Commercial We acknowledge that it may be
6, 2007. Airplanes, P.O. Box 3707, Seattle, possible to develop a more cost-effective
Ali Bahrami, Washington 98124–2207, for service solution than the replacement specified
Manager, Transport Airplane Directorate, information identified in this AD. in this AD. However, the manufacturer
Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: has developed only a single design
[FR Doc. E7–2640 Filed 2–15–07; 8:45 am] Judith Coyle, Aerospace Engineer, solution (replacement of the pump
BILLING CODE 4910–13–P Propulsion Branch, ANM–140S, FAA, shaft) to fully address the identified
Seattle Aircraft Certification Office, unsafe condition specified in this AD.
1601 Lind Avenue, SW., Renton, We have mandated this terminating
DEPARTMENT OF TRANSPORTATION Washington 98057–3356; telephone action because we can better ensure
(425) 917–6497; fax (425) 917–6590. long-term continued operational safety
Federal Aviation Administration SUPPLEMENTARY INFORMATION: by design changes to remove the source
of the problem, rather than by repetitive
14 CFR Part 39 Examining the Docket inspections. We also recognize that
[Docket No. FAA–2005–20351; Directorate You may examine the AD docket on alternative methods of compliance
Identifier 2003–NM–269–AD; Amendment the Internet at http://dms.dot.gov or in (AMOCs) that meet the intent of this AD
39–14948; AD 2007–04–16] person at the Docket Management may also exist; operators may request an
Facility office between 9 a.m. and 5 AMOC in accordance with the
RIN 2120–AA64
p.m., Monday through Friday, except procedures specified in paragraph (l) of
Airworthiness Directives; Boeing Federal holidays. The Docket this AD. We have not revised this AD
Model 767 Airplanes Management Facility office (telephone in this regard.
(800) 647–5227) is located on the plaza Request To Remove Terminating Action
AGENCY: Federal Aviation level of the Nassif Building at the street Requirement
Administration (FAA), Department of address stated in the ADDRESSES section.
Transportation (DOT). Delta Air Lines requests that we do
Discussion not mandate the terminating action
ACTION: Final rule.
The FAA issued a supplemental specified in paragraph (i) of the
SUMMARY: The FAA is adopting a new notice of proposed rulemaking (NPRM) supplemental NPRM that would require
airworthiness directive (AD) for all to amend 14 CFR part 39 to include an replacing the pump within 36 months.
Boeing Model 767 airplanes. This AD AD that would apply to all Boeing Delta Air Lines states that if the 6,000-
requires an inspection of each main tank Model 767 airplanes. That supplemental flight-hour or 24-month repetitive
fuel boost pump for the presence of a NPRM was published in the Federal interval specified in paragraphs (f) and
pump shaft flame arrestor, and if the Register on July 6, 2006 (71 FR 38304). (g) of the supplemental NPRM provide
flame arrestor is missing, replacement of That supplemental NPRM proposed to an acceptable level of safety, then the
that pump with a pump having a pump require an inspection of each main tank repetitive interval should be adequate
shaft flame arrestor. This AD also fuel boost pump for the presence of a until an operator can schedule the
requires repetitive measurements of the pump shaft flame arrestor, and if the terminating action specified in
flame arrestor’s position in the pump, flame arrestor is missing, replacement of paragraph (i) of the supplemental
and corrective actions if necessary. This that pump with a pump having a pump NPRM, if desired.
AD also requires the replacement of the shaft flame arrestor. That supplemental We do not agree to remove the
pump with a new or modified pump, NPRM also proposed to require requirement to do the terminating action
which ends the repetitive repetitive measurements of the flame specified in paragraph (i) of this AD. We
measurements. This AD results from arrestor’s position in the pump, and can better ensure long-term continued
reports that certain fuel boost pumps corrective actions if necessary. That operational safety by modifications or
may not have flame arrestors installed supplemental NPRM also proposed to design changes to remove the source of
in the pump shaft and reports that the require the replacement of the pump the problem, rather than by repetitive
pin that holds the flame arrestor in with a new or modified pump, which inspections/testing. Long-term
place can break due to metal fatigue. We ends the repetitive measurements. inspections/testing may not provide the
are issuing this AD to prevent the degree of safety necessary for the
Comments transport airplane fleet. This, coupled
possible migration of a flame from a
main tank fuel boost pump inlet to the We provided the public the with a better understanding of the
vapor space of that fuel tank, and opportunity to participate in the human factors associated with
consequent ignition of fuel vapors, development of this AD. We have numerous repetitive inspections, has led
which could result in a fire or considered the comments received. us to consider placing less emphasis on
explosion. special procedures and more emphasis
Request for Clarification of on design improvements.
DATES: This AD becomes effective Replacement Requirement We developed the 36-month
March 23, 2007. The Air Transport Association (ATA) compliance time for the replacement in
The Director of the Federal Register of America, on behalf of one of its accordance with manufacturer
approved the incorporation by reference member operators, Delta Air Lines, recommendations and we considered
of certain publications listed in the AD requests that we explain why we the urgency associated with the subject
as of March 23, 2007. propose to require replacing the pump unsafe condition, the availability of
ADDRESSES: You may examine the AD shaft without including the option of required parts, and the practical aspect
docket on the Internet at http:// replacing the shaft pin or periodically of accomplishing the required
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dms.dot.gov or in person at the Docket inspecting the pin. Delta states that modification within a period of time
Management Facility, U.S. Department replacing the entire shaft would be at a that corresponds to the normal
of Transportation, 400 Seventh Street, considerable cost and that a more cost- scheduled maintenance for most
SW., Nassif Building, Room PL–401, effective solution would be to develop affected operators. However, according
Washington, DC. a pin replacement repair. to the procedures specified in paragraph

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(l) of this AD, we may approve requests We acknowledge the need for However, MARPA states that a new
to adjust the compliance time if the clarification of the unsafe condition class of affected individuals has
request includes data that substantiate statement. We acknowledge that emerged since the majority of aircraft
that the new compliance time would operation of a fuel pump with its inlet maintenance is now performed by
provide an acceptable level of safety. below the surface of the fuel in the tank specialty shops instead of aircraft
We have not revised this AD in this ensures that the ignition risk addressed owners and operators. MARPA states
regard. by this AD is eliminated for the majority that this new class includes
of the time the pump operates. maintenance and repair organizations
Request To Coordinate With Pending
However, ground fuel transfer (MRO), component servicing and repair
Related Actions
conditions can lead to dry operation of shops, parts purveyors and distributors
ATA, on behalf of one its member the fuel pump. After the pump inlet is and organizations manufacturing or
operators, Delta Air Lines, requests that again covered by fuel by the addition of servicing alternatively certified parts
the supplemental NPRM be coordinated fuel to the tank, the pump operates for under section 21.303 (‘‘Replacement
with any action that may be pending to a brief period of time until it is re- and modification parts’’) of the Federal
address the fuel pump feed-through primed. During this period of operation Aviation Regulations (14 CFR 21.303).
connector in order to avoid more pump with the inlet covered by fuel, there is Further, MARPA states that the concept
removals than are required to still some risk of a tank ignition event of brevity is now nearly archaic as
accomplish both actions. Delta Air Lines if an ignition source generating failure documents exist more frequently in
believes that Boeing Alert Service occurs within a pump with a missing electronic format than on paper.
Bulletins 767–28A0095 and 767– flame arrestor. Therefore, we have not We acknowledge that the Office of the
28A0096, both dated September 15, revised this AD in this regard. Federal Register (OFR) requires that
2005, which address the fuel pump documents that are necessary to
feed-through connector, could be done Request To Incorporate Service accomplish the requirements of the AD
concurrently with this supplemental Information be incorporated by reference during the
NPRM. The Modification and Replacement of final rule phase of rulemaking. This
We acknowledge that coordinating the Parts Association (MARPA) states that final rule incorporates by reference the
actions in this AD with the actions typically ADs are based on service documents necessary for the
specified in Boeing Alert Service information originating with the type accomplishment of the requirements
Bulletins 767–28A0095 and 767– certificate holder or its suppliers. mandated by this AD. Further, we point
28A0096 may reduce the number of MARPA also states that manufacturer’s out that while documents that are
pump removals. However, we have not service documents are privately incorporated by reference do become
yet issued any AD rulemaking related to authored instruments generally enjoying public information, they do not lose
those service bulletins, and to delay this copyright protection against duplication their copyright protection. For that
action would be inappropriate, since we and distribution. MARPA contends that reason, we advise the public to contact
have determined that an unsafe when a service document is the manufacturer to obtain copies of the
condition exists and the requirements of incorporated by reference pursuant to 5 referenced service information.
this AD must be done to ensure U.S.C. 552(a) and 1 CFR part 51 into a In regard to the commenter’s request
continued operational safety. We are public document such as an AD, it loses to post service bulletins on the
considering AD rulemaking related to its private, protected status and becomes Department of Transportation’s DMS,
Boeing Alert Service Bulletins 767– itself a public document. MARPA we are currently in the process of
28A0095 and 767–28A0096, and we are explains that if a service document is reviewing issues surrounding the
also considering how the compliance used as a mandatory element of posting of service bulletins on the DMS
times specified in this AD will fit with compliance it should not simply be as part of an AD docket. Once we have
the compliance times of that future referenced, but should be incorporated thoroughly examined all aspects of this
rulemaking. Operators should note that into the regulatory document. MARPA issue and have made a final
it is always permitted to accomplish the states that public laws by definition determination, we will consider
requirements of any AD at a time earlier must be public which means they whether our current practice needs to be
than the specified compliance time. We cannot rely for compliance upon private revised. No change to the AD is
have not revised this AD in this regard. writings. MARPA is concerned that necessary in response to this comment.
failure to incorporate essential service
Request To Add Phrase to Unsafe information could result in a court
Request To Comply With FAA Order
Condition Statement decision invalidating the AD. 8040.2
Boeing requests that the phrase MARPA also states that incorporation The same commenter requests that the
‘‘should the pump inlets become by reference service documents should supplemental NPRM comply with FAA
uncovered’’ be added to paragraph (d) of be made available to the public by Order 8040.2. The commenter states that
the supplemental NPRM. The publication in the Docket Management for mandatory continuing airworthiness
commenter notes that the phrase was System (DMS) keyed to the action that information (MCAI) (issued by an
removed by the FAA in the incorporates them. MARPA explains aviation authority of another country)
supplemental NPRM because the FAA that the stated purpose of the that require replacement or installation
stated that ‘‘the pump inlet does not incorporation by reference method of of certain parts, the Order allows for
need to be uncovered for ignited vapors the Federal Register is brevity; to keep replacement of parts approved under
in the pump to cause a tank explosion.’’ from expanding the Federal Register section 21.303 (‘‘Replacement and
The commenter contends that the fuel needlessly by publishing documents modification parts’’) of the Federal
pump inlets being covered in fuel already in the hands of the affected Aviation Regulations (14 CFR 21.303)
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mitigates the unsafe condition because individuals. MARPA notes that based on a finding of identicality in the
when the fuel pump inlets are covered, traditionally, ‘‘affected individuals’’ has FAA’s AD. The commenter notes that
the inlets and pump cavity are full of meant aircraft owners and operators the supplemental NPRM is not from an
liquid fuel in which no flame front who are generally provided service MCAI but believes that the principles of
could develop. information by the manufacturer. the order should be universal.

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7574 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations

We do not agree. The supplemental • The commenter also requests that (f)(2) of this AD to ‘‘within 365 days
NPRM did not address parts the supplemental NPRM be revised to after the date on which the airplane
manufacturer approval (PMA) parts, as cover possible defective PMA accumulates 15,000 total flight hours or
provided in draft FAA Order 8040.2, alternative parts so that those defective within 24 months after performing the
because the Order was only a draft that PMA parts also are subject to the initial inspection required by paragraph
was out for comment at the time. After supplemental NPRM. (f) of this AD, whichever occurs later.’’
issuance of the NPRM, the Order was • The commenter also points out that We made this change in order to give
revised and issued as FAA Order 8040.5 ADs issued by directorates other than airplanes identified in paragraph (f)(2)
with an effective date of September 29, the Transport Airplane Directorate that reach 15,000 total flight hours
2006. FAA Order 8040.5 does not contain wording that address PMA parts shortly after performing the initial
address PMA parts in ADs and does not and requests that we use the wording inspection required by paragraph (f) a
apply to domestic ADs. Therefore, we specified in an AD from the Small similar compliance time of 24 months
have not revised the AD in this regard. Airplane Directorate. The commenter after performing the initial inspection
notes that because the supplemental that is specified for airplanes in
Request To Address the Use of PMA
NPRM differs markedly in the treatment paragraphs (f)(1) and (g) of this AD. We
Parts
of this issue, the mandates contained in considered the safety issues and the
The same commenter also requests Section 1, paragraph (b)(10) of Executive recommendations of the manufacturer
that we revise the way we address the Order 12866 are not being met. and have determined that a 24-month
use of PMA parts in the supplemental We recognize the need for interval after performing the initial
NPRM. standardization on this issue and inspection will ensure an acceptable
currently are in the process of reviewing level of safety.
• The commenter requests that the such issues that address the use of
language in the supplemental NPRM be Conclusion
PMAs in ADs at the national level. The
changed to permit installation of PMA Transport Airplane Directorate We have carefully reviewed the
equivalent parts. The commenter states considers that to delay this particular available data, including the comments
that the mandated installation of a AD action would be inappropriate, since received, and determined that air safety
certain part number in the NPRM ‘‘is at we have determined that an unsafe and the public interest require adopting
variance with the higher authority of 14 condition exists and that replacement of the AD with the change described
CFR Section 21.303.’’ The commenter certain parts must be accomplished to previously. We have determined that
notes that only safety issues can be ensure continued safety. Therefore, we this change will neither increase the
addressed in airworthiness directives as have not revised the AD in this regard. economic burden on any operator nor
set forth in Title 49 and ‘‘the prima facia increase the scope of the AD.
invalidation of FAR 21.303’’ by AD Clarification of Compliance Time
action is an economic issue not within Costs of Compliance
Paragraph (f)(2) of the supplemental
purview of the AD. NPRM specifies a compliance time of This AD affects about 915 airplanes
• The commenter contends that it is ‘‘within 365 days after the date on worldwide, and 400 airplanes of U.S.
illogical to require an operator to which the airplane accumulates 15,000 registry. The following table provides
request approval of an AMOC in order total flight hours.’’ We have revised the the estimated costs for U.S. operators to
to install an ‘‘equivalent’’ PMA part. compliance time specified in paragraph comply with this AD.

ESTIMATED COSTS
Average labor
Action Work hours Parts Cost per airplane Fleet cost
rate per hour

Inspection of flame arrestor 5 $80 None $400, per inspection cycle .... $160,000, per inspection
presence/position. cycle.
Replacement ......................... 3 80 $25,004 $25,244 ................................. 1 $10,097,600.

1 Theparts manufacturer states that it may cover the cost of replacement parts associated with this AD for certain affected airplanes, subject
to warranty conditions. As a result, the costs attributable to this AD may be less than stated above.

Authority for This Rulemaking the Administrator finds necessary for responsibilities among the various
Title 49 of the United States Code safety in air commerce. This regulation levels of government.
specifies the FAA’s authority to issue is within the scope of that authority For the reasons discussed above, I
rules on aviation safety. Subtitle I, because it addresses an unsafe condition certify that this AD:
Section 106, describes the authority of that is likely to exist or develop on (1) Is not a ‘‘significant regulatory
the FAA Administrator. Subtitle VII, products identified in this rulemaking action’’ under Executive Order 12866;
Aviation Programs, describes in more action. (2) Is not a ‘‘significant rule’’ under
detail the scope of the Agency’s DOT Regulatory Policies and Procedures
Regulatory Findings (44 FR 11034, February 26, 1979); and
authority.
We are issuing this rulemaking under We have determined that this AD will (3) Will not have a significant
the authority described in Subtitle VII, not have federalism implications under economic impact, positive or negative,
Part A, Subpart III, Section 44701, Executive Order 13132. This AD will on a substantial number of small entities
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‘‘General requirements.’’ Under that not have a substantial direct effect on under the criteria of the Regulatory
section, Congress charges the FAA with Flexibility Act.
the States, on the relationship between
promoting safe flight of civil aircraft in We prepared a regulatory evaluation
the national government and the States,
air commerce by prescribing regulations of the estimated costs to comply with
or on the distribution of power and
for practices, methods, and procedures this AD and placed it in the AD docket.

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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations 7575

See the ADDRESSES section for a location Instructions of Boeing Alert Service Bulletin Service Bulletin 767–28A0077 (for Model
to examine the regulatory evaluation. 767–28A0077 (for Model 767–200, –300, and 767–200, –300, and –300F series airplanes) or
–300F series airplanes) or Boeing Alert Boeing Alert Service Bulletin 767–28A0081
List of Subjects in 14 CFR Part 39 Service Bulletin 767–28A0081 (for Model (for Model 767–400ER series airplanes), both
Air transportation, Aircraft, Aviation 767–400ER series airplanes), both Revision 1, Revision 1, both dated July 8, 2004, as
both dated July 8, 2004, as applicable. Repeat applicable. Repeat the measurement of the
safety, Incorporation by reference, the measurement of the flame arrestor’s flame arrestor’s position in the pump
Safety. position in the pump thereafter at intervals thereafter at intervals not to exceed 6,000
Adoption of the Amendment not to exceed the applicable time specified in flight hours or 24 months, whichever comes
paragraph (f)(1) or (f)(2) of this AD, until the first, until the replacement required by
■ Accordingly, under the authority replacement required by paragraph (i) of this paragraph (i) of this AD is accomplished. All
delegated to me by the Administrator, AD is accomplished. All applicable applicable corrective actions must be done
the FAA amends 14 CFR part 39 as corrective actions must be done before before further flight.
follows: further flight. Note 4: Any inspection/measurement of
Note 1: Any inspection/measurement of the pumps on the left and right main fuel
PART 39—AIRWORTHINESS the pumps on the left and right main fuel tanks may be done separately provided that
DIRECTIVES tanks may be done separately provided that the actions are done on all pumps within the
the actions are done on all pumps within the compliance time specified in paragraph (g) of
■ 1. The authority citation for part 39 compliance time specified in paragraph (f) of this AD.
continues to read as follows: this AD. (1) For airplanes that have accumulated
Authority: 49 U.S.C. 106(g), 40113, 44701. (1) For airplanes that have accumulated more than 15,000 total flight hours as of the
more than 15,000 total flight hours as of the effective date of this AD, do the actions
§ 39.13 [Amended] date the initial actions are done in within 365 days after the effective date of this
■ 2. The Federal Aviation accordance with paragraph (f) of this AD: AD.
Repeat the measurement thereafter at (2) For airplanes that have accumulated
Administration (FAA) amends § 39.13
intervals not to exceed 6,000 flight hours or 15,000 total flight hours or fewer as of the
by adding the following new 24 months, whichever comes first. effective date of this AD, do the actions
airworthiness directive (AD): (2) For airplanes that have accumulated within 365 days after the date on which the
2007–04–16 Boeing: Amendment 39–14948. 15,000 total flight hours or fewer as of the airplane accumulates 15,000 total flight
Docket No. FAA–2005–20351; date the initial actions are done in hours.
Directorate Identifier 2003–NM–269–AD. accordance with paragraph (f) of this AD: Do
Optional Terminating Action—Records
the measurement specified in paragraph (f) of
Effective Date Review
this AD within 365 days after the date on
(a) This AD becomes effective March 23, which the airplane accumulates 15,000 total (h) For any period when the part number
2007. flight hours or within 24 months after (P/N) of a main tank fuel boost pump
performing the initial inspection required by installed on any airplane, as conclusively
Affected ADs determined from a review of airplane
paragraph (f) of this AD, whichever occurs
(b) None. later. Repeat the measurement thereafter at maintenance records, is P/N 5006003D, no
intervals not to exceed 6,000 flight hours or further action is required by paragraphs (f),
Applicability (g), and (i) of this AD for that pump only.
24 months, whichever comes first.
(c) This AD applies to all Boeing Model
767–200, –300, –300F, and –400ER series Note 2: Boeing Alert Service Bulletins 767– Replacement of the Main Tank Fuel Boost
airplanes, certificated in any category. 28A0077 and 767–28A0081 reference Pumps
Hamilton Sundstrand Service Bulletin (i) Within 36 months after the effective
Unsafe Condition 5006003–28–2, dated October 25, 2002, as an date of this AD, replace the left and right
(d) This AD results from reports that additional source of service information for main tank fuel boost pumps with new or
certain fuel boost pumps may not have flame accomplishment of the inspection and modified pumps in accordance with the
arrestors installed in the pump shaft and corrective actions. Although the Hamilton Accomplishment Instructions of Boeing Alert
reports that the pin that holds the flame Sundstrand service bulletin specifies to Service Bulletin 767–28A0088 (for Model
arrestor in place can break due to metal return main tank fuel boost pumps with 767–200, –300, and –300F series airplanes) or
fatigue. We are issuing this AD to prevent the damaged, broken, or out-of-position flame Boeing Alert Service Bulletin 767–28A0089
possible migration of a flame from a main arrestors to a repair shop, that action is not (for Model 767–400ER series airplanes), both
tank fuel boost pump inlet to the vapor space required by this AD. dated February 24, 2005, as applicable.
of that fuel tank, and consequent ignition of Note 3: For the purposes of this AD, a Accomplishment of the replacement
fuel vapors, which could result in a fire or detailed inspection is: ‘‘An intensive terminates the repetitive measurement
explosion. examination of a specific item, installation, requirements of paragraphs (f) and (g) of this
or assembly to detect damage, failure, or AD for that pump only.
Compliance
irregularity. Available lighting is normally Note 5: Any replacement of the pumps on
(e) You are responsible for having the
supplemented with a direct source of good the left and right main fuel tanks may be
actions required by this AD performed within
lighting at an intensity deemed appropriate. done separately provided that all pumps are
the compliance times specified, unless the
Inspection aids such as mirror, magnifying replaced within the compliance time
actions have already been done.
lenses, etc., may be necessary. Surface specified in paragraph (i) of this AD.
Inspection for Presence/Position of Flame cleaning and elaborate procedures may be
Note 6: Boeing Alert Service Bulletins 767–
Arrestor in Main Tank Fuel Boost Pumps required.’’ 28A0088 and 767–28A0089 reference
(f) For airplanes having line numbers (g) For airplanes having L/Ns 915 and on, Hamilton Sundstrand Service Bulletin
(L/Ns) 1 through 914 inclusive, except as except as provided by paragraph (h) of this 5006003–28–3, dated December 8, 2004, as
provided by paragraph (h) of this AD: Within AD: At the applicable time specified in the appropriate source of service information
365 days after the effective date of this AD, paragraph (g)(1) or (g)(2) of this AD, do a for modifying the pump.
do a detailed inspection of each main tank detailed inspection of each main tank fuel
fuel boost pump to determine if the pump boost pump to determine if the pump shaft Inspections Accomplished According to
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shaft flame arrestor is installed, a flame arrestor is installed, a measurement of Previous Issue of Service Bulletin
measurement of the flame arrestor’s position the flame arrestor’s position in the pump, (j) Inspections accomplished before the
in the pump, and all applicable corrective and all applicable corrective actions, by effective date of this AD in accordance with
actions, by accomplishing all the actions accomplishing all the actions specified in the Boeing Alert Service Bulletin 767–28A0077,
specified in the Accomplishment Accomplishment Instructions of Boeing Alert dated March 6, 2003; or Boeing Alert Service

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7576 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations

Bulletin 767–28A0081, dated March 6, 2003; Alternative Methods of Compliance perform the actions that are required by this
are considered acceptable for compliance (AMOCs) AD, unless the AD specifies otherwise. The
with the corresponding action specified in (l)(1) The Manager, Seattle Aircraft Director of the Federal Register approved the
paragraphs (f) and (g) of this AD. Certification Office, FAA, has the authority to incorporation by reference of these
approve AMOCs for this AD, if requested in documents in accordance with 5 U.S.C.
Parts Installation
accordance with the procedures found in 14 552(a) and 1 CFR part 51. Contact Boeing
(k) As of the effective date of this AD, only CFR 39.19. Commercial Airplanes, P.O. Box 3707,
main tank fuel boost pumps identified in (2) Before using any AMOC approved in Seattle, Washington 98124–2207, for a copy
paragraphs (k)(1) and (k)(2) of this AD may accordance with § 39.19 on any airplane to of this service information. You may review
be installed on any airplane. which the AMOC applies, notify the copies at the FAA, Transport Airplane
(1) Any main tank fuel boost pump that has appropriate principal inspector in the FAA Directorate, 1601 Lind Avenue, S.W., Renton,
been inspected, and on which all applicable Flight Standards Certificate Holding District Washington; or at the National Archives and
corrective actions have been performed, in Office. Records Administration (NARA). For
accordance with paragraph (f) or (g) of this information on the availability of this
AD. Material Incorporated by Reference material at NARA, call 202–741–6030, or go
(2) Any main tank fuel boost pump having (m) You must use the applicable service to: http://www.archives.gov/federal-register/
P/N 5006003D. bulletin specified in Table 1 of this AD to cfr/ibr-locations.html.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE


Boeing alert service bulletin Revision level Date

767–28A0077 ................................................................................................................................................ 1 ................... July 8, 2004.


767–28A0081 ................................................................................................................................................ 1 ................... July 8, 2004.
767–28A0088 ................................................................................................................................................ Original ......... February 24, 2005.
767–28A0089 ................................................................................................................................................ Original ......... February 24, 2005.

Issued in Renton, Washington, on February DATES: This AD becomes effective MCAI and for this reason might not
5, 2007. March 23, 2007. follow our plain language principles.
Ali Bahrami, The Director of the Federal Register
Discussion
Manager, Transport Airplane Directorate, approved the incorporation by reference
Aircraft Certification Service. of certain publications listed in this AD We issued a notice of proposed
[FR Doc. E7–2644 Filed 2–15–07; 8:45 am] as of March 23, 2007. rulemaking (NPRM) to amend 14 CFR
BILLING CODE 4910–13–P ADDRESSES: You may examine the AD part 39 to include an AD that would
docket on the Internet at http:// apply to the specified products. That
dms.dot.gov or in person at the Docket NPRM was published in the Federal
DEPARTMENT OF TRANSPORTATION Management Facility, U.S. Department Register on December 22, 2006 (71 FR
of Transportation, 400 Seventh Street, 76950). That NPRM proposed to correct
Federal Aviation Administration SW., Nassif Building, Room PL–401, an unsafe condition for the specified
Washington, DC. products. The MCAI states reports of
14 CFR Part 39 cracks found on several main landing
FOR FURTHER INFORMATION CONTACT:
Albert J. Mercado, Aerospace Engineer, gear (MLG) cylinders. If not detected
[Docket No. FAA–2006–26235; Directorate FAA, Small Airplane Directorate, 901 and corrected, fatigue cracks in the
Identifier 2006–CE–65–AD; Amendment 39– shock strut cylinder of the MLG could
Locust, Room 301, Kansas City,
14945; AD 2007–04–13] result in a collapsed MLG during takeoff
Missouri 64106; telephone: (816) 329–
4119; fax: (816) 329–4090. or landing, and possible reduced
RIN 2120–AA64 structural integrity of the airplane. The
SUPPLEMENTARY INFORMATION:
MCAI requires inspecting the MLG
Airworthiness Directives; EADS Streamlined Issuance of AD forging body for cracks and repairing
SOCATA Model TBM 700 Airplanes any cracks found.
The FAA is implementing a new
AGENCY: Federal Aviation process for streamlining the issuance of Comments
Administration (FAA), Department of ADs related to MCAI. The streamlined
Transportation (DOT). process will allow us to adopt MCAI We gave the public the opportunity to
safety requirements in a more efficient participate in developing this AD. We
ACTION: Final rule.
manner and will reduce safety risks to considered the comments received.
SUMMARY: We are adopting a new the public. This process continues to Comment Issue No. 1: Change the
airworthiness directive (AD) for the follow all FAA AD issuance processes to Required Parts Cost in the Compliance
products listed above. This AD results meet legal, economic, Administrative Section
from mandatory continuing Procedure Act, and Federal Register
airworthiness information (MCAI) requirements. We also continue to meet EADS SOCATA comments the cost for
issued by an aviation authority of our technical decision-making the parts required to do the actions in
another country to identify and correct responsibilities to identify and correct the proposed AD are totally out of
an unsafe condition on an aviation unsafe conditions on U.S.-certificated proportion. EADS SOCATA states the
product. The MCAI describes the unsafe products. application of SB 70–130, ATA No. 32,
rmajette on PROD1PC67 with RULES

condition as cracks found on several This AD references the MCAI and dated January 2006, requires only two
main landing gear cylinders. We are related service information that we cotter pins and this cost is negligible.
issuing this AD to require actions to considered in forming the engineering The proposed AD states it will take
correct the unsafe condition on these basis to correct the unsafe condition. approximately $125,600 to comply with
products. The AD contains text copied from the the AD.

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