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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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