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70860 Federal Register / Vol. 71, No.

235 / Thursday, December 7, 2006 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Boeing to obtain clarification and


enhancement of the instructions
Federal Aviation Administration Examining the Docket
specified in Figures 11 and 15. CAL
You may examine the airworthiness notes that the corrected instructions will
14 CFR Part 39 directive (AD) docket on the Internet at be incorporated into Revision 1 of the
http://dms.dot.gov or in person at the service bulletin by Boeing.
[Docket No. FAA–2006–23817; Directorate
Identifier 2005–NM–176–AD; Amendment
Docket Management Facility office We partially agree with CAL. Boeing
39–14846; AD 2006–25–05] between 9 a.m. and 5 p.m., Monday has issued Service Bulletin 777–
through Friday, except Federal holidays. 53A0044, Revision 1, dated June 22,
RIN 2120–AA64 The Docket Management Facility office 2006, which we have subsequently
(telephone (800) 647–5227) is located on reviewed.
Airworthiness Directives; Boeing the plaza level of the Nassif Building at We agree to include Revision 1 of the
Model 777 Airplanes the street address stated in the referenced service bulletin in the AD as
AGENCY: Federal Aviation ADDRESSES section. the appropriate source of service
Administration (FAA), Department of information for accomplishing the
Discussion specified actions. Revision 1 is
Transportation (DOT).
The FAA issued a notice of proposed essentially the same as the original issue
ACTION: Final rule.
rulemaking (NPRM) to amend 14 CFR of the service bulletin; however,
SUMMARY: The FAA is adopting a new part 39 to include an AD that would Revision 1 recommends that airplanes
airworthiness directive (AD) for certain apply to certain Boeing Model 777 in Groups 1 and 4 that have been
Boeing Model 777 airplanes. This AD airplanes. That NPRM was published in previously changed per the original
requires repetitive inspections for the Federal Register on February 8, issue of the service bulletin be inspected
corrosion or missing corrosion 2006 (71 FR 6402). That NPRM at the next scheduled under-fairing
inhibiting compound of the fuselage proposed to require repetitive zonal or surveillance inspections. This
skin under the forward and aft wing-to- inspections for corrosion or missing is to ensure that the fastener fillet
body fairings for certain airplanes, or corrosion inhibiting compound (CIC) of sealing at body stations 1035 and 1434
the fuselage skin under the forward the fuselage skin under the forward and are in compliance with Figures 11, 15,
wing-to-body fairings only for other aft wing-to-body fairings for certain and 20, as applicable, of Revision 1. The
airplanes; and corrective action if airplanes, or the fuselage skin under the original issue of the service bulletin
necessary. The AD also provides an forward wing-to-body fairings only for identified airplanes that were divided
optional preventive modification of the other airplanes; and corrective action if into Groups 1 and 2. Revision 1 of the
fairing areas, which terminates the necessary. That NPRM also proposed to service bulletin divides the airplanes
repetitive inspections. This AD results provide an optional preventive into Groups 1 through 6; however, there
from several reports indicating that modification of the wing-to-body fairing is no increase in the number of
significant levels of corrosion were panels, which would terminate the airplanes.
found on the external surface of the repetitive inspections. We do not agree to remove reference
fuselage skin under the forward and aft to the original issue of the service
Comments bulletin and refer to only Revision 1,
wing-to-body fairings. We are issuing
this AD to detect and correct corrosion, We provided the public the because operators who previously did
and prevent subsequent fatigue cracks, opportunity to participate in the the required actions in accordance with
on the fuselage skin under the forward development of this AD. We have the original issue of the service bulletin
and aft wing-to-body fairings, which considered the comments received. would then be out of compliance as of
could result in rapid decompression of the effective date of the new AD. We
Request To Include Revised Service
the airplane. find that actions done before the
Information
effective date of this AD in accordance
DATES: This AD becomes effective Continental Airlines (CAL) asks that with the instructions in the original
January 11, 2007. the NPRM mandate Revision 1 of the issue of the service bulletin will provide
The Director of the Federal Register referenced service bulletin when it an acceptable level of safety until the
approved the incorporation by reference becomes available, instead of the newly required actions are done. We
of certain publications listed in the AD original issue. (Boeing Alert Service have changed paragraph (h) of this AD
as of January 11, 2007. Bulletin 777–53A0044, dated July 28, to add the following sentence: ‘‘After
ADDRESSES: You may examine the AD 2005, was referenced in the NPRM as the effective date of this AD, only
docket on the Internet at http:// the appropriate source of service Revision 1 of the service bulletin may be
dms.dot.gov or in person at the Docket information for accomplishing the used for accomplishing the preventive
Management Facility, U.S. Department specified actions.) CAL states that it modification.’’ Although no more work
of Transportation, 400 Seventh Street, found some discrepancies in the is necessary on airplanes changed per
SW., Nassif Building, Room PL–401, instructions in Part 2 of the service the original issue of the service bulletin;
Washington, DC. bulletin during incorporation of the it is recommended that airplanes in
Contact Boeing Commercial preventive modification specified in the Groups 1 and 4 which have been
Airplanes, P.O. Box 3707, Seattle, original issue of the service bulletin. previously changed per the original
Washington 98124–2207, for the service CAL adds that those discrepancies need issue, be inspected at the next
information identified in this AD. clarification in order to meet the scope scheduled under-fairing zonal or
FOR FURTHER INFORMATION CONTACT: Gary of the service bulletin and the objective surveillance inspections as specified
Oltman, Aerospace Engineer, Airframe of the NPRM. CAL notes that the above.
Branch, ANM–120S, FAA, Seattle instructions specified in Figures 11 and
Aircraft Certification Office, 1601 Lind 15 of the original issue of the service Request To Change Paragraph (h)
Avenue, SW., Renton, Washington bulletin are misleading and can cause Boeing asks that the language for the
98057–3356; telephone (425) 917–6443; incorrect assumptions and actions when optional terminating action specified in
fax (425) 917–6590. implemented. CAL coordinated with paragraph (h) of the NPRM be changed.

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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations 70861

Boeing reiterates that paragraph and inspection for U.S. operators is $520 per Adoption of the Amendment
states that it should be changed to read airplane, per inspection cycle.
■ Accordingly, under the authority
‘‘Accomplishing the preventive The inspection takes about 4 work delegated to me by the Administrator,
modification in accordance with Part 2 hours per airplane for Groups 2 and 6 the FAA amends 14 CFR part 39 as
of the Accomplishment Instructions of airplanes, at an average labor rate of $65 follows:
Boeing Alert Service Bulletin 777– per work hour. Based on these figures,
53A0044, dated July 28, 2005, the estimated cost of the inspection for PART 39—AIRWORTHINESS
terminates the repetitive inspections U.S. operators is $260 per airplane, per DIRECTIVES
required by paragraph (f) of this AD.’’ inspection cycle.
Boeing states that, in the forward fairing ■ 1. The authority citation for part 39
area the preventive modification Authority for This Rulemaking continues to read as follows:
consists of modification to the forward Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
body fairing panels, as well as addition specifies the FAA’s authority to issue
of fastener head fillet sealing and § 39.13 [Amended]
rules on aviation safety. Subtitle I,
revised CIC in specific areas above the Section 106, describes the authority of ■ 2. The Federal Aviation
wing body fairing panels. Boeing adds the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13
that, in the aft fairing area, the Aviation Programs, describes in more by adding the following new
preventive modification consists of detail the scope of the Agency’s airworthiness directive (AD):
fastener head fillet sealing and revised authority. 2006–25–05 Boeing: Amendment 39–14846.
CIC in specific areas above the wing We are issuing this rulemaking under Docket No. FAA–2006–23817;
body fairing panels. Boeing states that Directorate Identifier 2005–NM–176–AD.
the authority described in Subtitle VII,
there is no change to the wing-to-body Part A, Subpart III, Section 44701, Effective Date
fairing panels in the aft fairing area, and ‘‘General requirements.’’ Under that (a) This AD becomes effective January 11,
the proposed wording could be section, Congress charges the FAA with 2007.
interpreted as not providing a promoting safe flight of civil aircraft in
terminating action for the aft fairing Affected ADs
air commerce by prescribing regulations
area. Boeing notes that this is (b) None.
for practices, methods, and procedures
inconsistent with the referenced service the Administrator finds necessary for Applicability
bulletin, and changing the language safety in air commerce. This regulation (c) This AD applies to Boeing Model 777–
would make the NPRM consistent with is within the scope of that authority 200, –300, and –300ER series airplanes;
the service bulletin. because it addresses an unsafe condition certificated in any category; as identified in
We agree with Boeing for the reasons that is likely to exist or develop on Boeing Service Bulletin 777–53A0044,
provided. We have changed the subject Revision 1, dated June 22, 2006.
products identified in this rulemaking
language in the Summary section. We action. Unsafe Condition
have also changed the language in (d) This AD results from several reports
paragraph (h) of this AD to read Regulatory Findings
indicating that significant levels of corrosion
‘‘Accomplishing the preventive We have determined that this AD will were found on the external surface of the
modification of the fairing areas in not have federalism implications under fuselage skin under the forward and aft wing-
accordance with Part 2 of the Executive Order 13132. This AD will to-body fairings. We are issuing this AD to
Accomplishment Instructions of Boeing detect and correct corrosion, and prevent
not have a substantial direct effect on subsequent fatigue cracks, on the fuselage
Alert Service Bulletin 777–53A0044, the States, on the relationship between skin under the forward and aft wing-to-body
dated July 28, 2005; or Boeing Service the national government and the States, fairings, which could result in rapid
Bulletin 777–53A0044, Revision 1, or on the distribution of power and decompression of the airplane.
dated June 22, 2006; terminates the responsibilities among the various
repetitive inspections required by Compliance
levels of government.
paragraph (f) of this AD.’’ For the reasons discussed above, I
(e) You are responsible for having the
actions required by this AD performed within
Conclusion certify that this AD: the compliance times specified, unless the
We have carefully reviewed the (1) Is not a ‘‘significant regulatory actions have already been done.
available data, including the comments action’’ under Executive Order 12866; Repetitive Inspections
received, and determined that air safety (2) Is not a ‘‘significant rule’’ under (f) At the latest of the compliance times
and the public interest require adopting DOT Regulatory Policies and Procedures specified in paragraphs (f)(1), (f)(2), and (f)(3)
the AD with the changes described (44 FR 11034, February 26, 1979); and of this AD, as applicable: Perform a detailed
previously. These changes will neither (3) Will not have a significant inspection of the fuselage skin under the
increase the economic burden on any economic impact, positive or negative, wing-to-body fairings for corrosion or
operator nor increase the scope of the on a substantial number of small entities missing corrosion inhibiting compound (CIC)
under the criteria of the Regulatory by doing all the applicable actions specified
AD. in Part 1 of the Accomplishment Instructions
Flexibility Act. of Boeing Alert Service Bulletin 777–
Costs of Compliance
We prepared a regulatory evaluation 53A0044, dated July 28, 2005; or Boeing
There are about 385 airplanes of the of the estimated costs to comply with Service Bulletin 777–53A0044, Revision 1,
affected design in the worldwide fleet. this AD and placed it in the AD docket. dated June 22, 2006. Repeat the inspection
This AD affects about 140 airplanes of See the ADDRESSES section for a location thereafter at intervals not to exceed 1,500
U.S. registry. to examine the regulatory evaluation. days until the requirements of paragraph (h)
of this AD are accomplished.
The inspection takes about 8 work
List of Subjects in 14 CFR Part 39 (1) Before the accumulation of 1,500 days
hours per airplane for Groups 1, 3, 4, since the date of issuance of the original
and 5 airplanes, at an average labor rate Air transportation, Aircraft, Aviation standard airworthiness certificate or the date
of $65 per work hour. Based on these safety, Incorporation by reference, of issuance of the original export certificate
figures, the estimated cost of the Safety. of airworthiness.

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70862 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations

(2) Within 1,500 days after accomplishing Box 3707, Seattle, Washington 98124–2207, SW., Nassif Building, Room PL–401,
the latest zonal or surveillance inspection for a copy of this service information. You Washington, DC.
before the effective date of this AD that is may review copies at the Docket Management
equivalent to the detailed inspection FOR FURTHER INFORMATION CONTACT: Tom
Facility, U.S. Department of Transportation,
specified in paragraph (f) of this AD. 400 Seventh Street, SW., Room PL–401, Stafford, Aerospace Engineer,
(3) Within 750 days after the effective date Nassif Building, Washington, DC; on the International Branch, ANM–116, FAA,
of this AD. Internet at http://dms.dot.gov; or at the Transport Airplane Directorate, 1601
Corrective Action
National Archives and Records Lind Avenue, SW., Renton, Washington
Administration (NARA). For information on 98057–3371; telephone (425) 227–1622;
(g) If any corrosion or missing CIC is found the availability of this material at the NARA, fax (425) 227–1149.
during any inspection required by paragraph call (202) 741–6030, or go to http://
(f) of this AD: Before further flight, do a SUPPLEMENTARY INFORMATION:
www.archives.gov/federal_register/
detailed inspection to determine the full code_of_federal_regulations/ Discussion
extent of the corrosion; repair before further ibr_locations.html.
flight by doing all the applicable actions The FAA is implementing a new
specified in Part 1 of the Accomplishment Issued in Renton, Washington, on process for streamlining the issuance of
Instructions of Boeing Alert Service Bulletin November 20, 2006.
ADs related to MCAI. This streamlined
777–53A0044, dated July 28, 2005; or Boeing Ali Bahrami, process will allow us to adopt MCAI
Service Bulletin 777–53A0044, Revision 1, Manager, Transport Airplane Directorate,
dated June 22, 2006. Where the service
safety requirements in a more efficient
Aircraft Certification Service. manner and will reduce safety risks to
bulletin specifies to contact Boeing for repair [FR Doc. E6–20624 Filed 12–6–06; 8:45 am]
instructions: Repair before further flight, the public. This process continues to
according to a method approved in BILLING CODE 4910–13–P allow all FAA AD issuance processes to
accordance with the procedures specified in meet legal, economic, Administrative
paragraph (i) of this AD. Procedure Act, and Federal Register
DEPARTMENT OF TRANSPORTATION requirements. We also continue to meet
Optional Terminating Action
Federal Aviation Administration our technical decision-making
(h) Accomplishing the preventive
modification of the fairing areas in responsibilities to identify and correct
accordance with Part 2 of the 14 CFR Part 39 unsafe conditions on U.S.-certificated
Accomplishment Instructions of Boeing Alert products.
Service Bulletin 777–53A0044, dated July 28, [Docket No. FAA–2006–25634; Directorate This AD references the MCAI and
2005; or Boeing Service Bulletin 777– Identifier 2006–NM–143–AD; Amendment related service information that we
53A0044, Revision 1, dated June 22, 2006; 39–14844; AD 2006–25–03] considered in forming the engineering
terminates the repetitive inspections required basis to correct the unsafe condition.
RIN 2120–AA64
by paragraph (f) of this AD. After the effective
The AD contains text copied from the
date of this AD, only Revision 1 of the service
bulletin may be used for accomplishing the Airworthiness Directives; Airbus Model MCAI and for this reason might not
preventive modification. A300 Airplanes follow our plain language principles.
We issued a notice of proposed
Alternative Methods of Compliance AGENCY: Federal Aviation
rulemaking (NPRM) to amend 14 CFR
(AMOCs) Administration (FAA), Department of part 39 to include an AD that would
(i)(1) The Manager, Seattle Aircraft Transportation (DOT). apply to the specified products. That
Certification Office (ACO), FAA, has the ACTION: Final rule. NPRM was published in the Federal
authority to approve AMOCs for this AD, if
requested in accordance with the procedures Register on August 18, 2006 (71 FR
SUMMARY: We are adopting a new
found in 14 CFR 39.19. 47752). That NPRM proposed to require
airworthiness directive (AD) for the
(2) Before using any AMOC approved in a periodic test to ensure the availability
products listed above. This AD results
accordance with § 39.19 on any airplane to of the pitch trim system 2 and its
from mandatory continuing
which the AMOC applies, notify the possibility to deflect the trimmable
appropriate principal inspector in the FAA airworthiness information (MCAI)
horizontal stabilizer (THS) at high speed
Flight Standards Certificate Holding District issued by an airworthiness authority of
of trim. The MCAI states that the refined
Office. another country to identify and correct
study of an in-service event has
(3) An AMOC that provides an acceptable an unsafe condition on an aviation
level of safety may be used for any repair
evidenced the need to perform a
product. The MCAI describes the unsafe
required by this AD, if it is approved by an periodic test of pitch trim system 2. In
condition as failure of pitch trim system
Authorized Representative for the Boeing the conditions of overriding the
2 to deflect the trimmable horizontal
Commercial Airplanes Delegation Option automatic pitch torque limiter, the
stabilizer at maximum rate, which could
Authorization Organization who has been clutch of the pitch trim servo-motor 1 is
authorized by the Manager, Seattle ACO, to result in loss of high-speed trim and
opened so that electric pitch trim
make those findings. For a repair method to consequent reduced controllability of
system 1 will disconnect. The question
be approved, the repair must meet the the airplane. We are issuing this AD to
is pending about the availability of the
certification basis of the airplane, and the require actions to correct the unsafe
approval must specifically refer to this AD.
system 2 and its capability to take over
condition on these products.
the pitch trim function, particularly
Material Incorporated by Reference DATES: This AD becomes effective during a go-around. Failure of pitch trim
(j) You must use Boeing Alert Service January 11, 2007. system 2 to deflect the THS at maximum
Bulletin 777–53A0044, dated July 28, 2005; The Director of the Federal Register rate could result in loss of high-speed
or Boeing Service Bulletin 777–53A0044, approved the incorporation by reference trim and consequent reduced
Revision 1, dated June 22, 2006; as of a certain publication listed in this AD controllability of the airplane.
applicable; to perform the actions that are as of January 11, 2007.
required by this AD, unless the AD specifies
ADDRESSES: You may examine the AD
Comments
otherwise. The Director of the Federal
Register approved the incorporation by docket on the Internet at http:// We gave the public the opportunity to
reference of these documents in accordance dms.dot.gov or in person at the Docket participate in developing this AD. We
with 5 U.S.C. 552(a) and 1 CFR part 51. Management Facility, U.S. Department have considered the comments received
Contact Boeing Commercial Airplanes, P.O. of Transportation, 400 Seventh Street, from one commenter.

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