[Federal Register: July 28, 2005 (Volume 70, Number 144)]
[Rules and Regulations]               
[Page 43631-43633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy05-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20138; Directorate Identifier 2004-NM-167-AD; 
Amendment 39-14204; AD 2005-15-15]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 757-200, -200PF, and -
200CB Series Airplanes Equipped With Pratt & Whitney or Rolls-Royce 
Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This 
AD requires inspecting to determine the part number of the upper link 
forward fuse pins of the engine struts and replacing the fuse pins as 
necessary. This AD is prompted by a report indicating that, due to an 
incorrect listing in the illustrated parts catalog, persons performing 
maintenance on the engine strut(s) could have installed an incorrect 
upper link forward fuse pin. We are issuing this AD to prevent a 
ruptured wing box, due to the engine not separating safely during 
certain emergency landing conditions, which could lead to a fuel spill 
and consequent fire.

DATES: This AD becomes effective September 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of 
September 1, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final

[[Page 43632]]

disposition. You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20138; the directorate 
identifier for this docket is 2004-NM-167-AD.

FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6450; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 757-200, -200PF, and -200CB series 
airplanes. That action, published in the Federal Register on January 
28, 2005 (70 FR 4050), proposed to require inspecting to determine the 
part number of the upper link forward fuse pins of the engine struts 
and replacing the fuse pins as necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for the Proposed AD

    Two commenters support the proposed AD.

Request To Revise the Applicability

    One commenter, the manufacturer, requests that paragraph (c) of the 
proposed AD be changed from ``Model 757-200, -200PF, and -300 series 
airplanes'' to ``Model 757-200, -200PF, and -200CB series airplanes.'' 
The manufacturer states that the applicability is incorrect.
    We agree with this request. We have determined that, though the 
summary of the proposed AD listed the affected airplanes correctly, the 
applicability did not. Model 757-300 series airplanes, which fall 
outside the series of line numbers 1-735 listed in the service 
information, were included in error; while Model 757-200CB series 
airplanes, which are contained within line numbers 1-735, were not 
included. We have revised paragraph (c) of the final rule to match the 
summary of the final rule and the service information.

Request for Alternative to Inspections

    Two commenters request that a review of maintenance records be 
permitted as an alternative to the inspections required in the proposed 
AD. One commenter states that operator maintenance records list part 
numbers of parts that are installed on airplanes during maintenance 
activities, and that such records are sufficient to satisfy the 
requirements of the proposed AD.
    We agree with this request. Operators are required to log the part 
numbers of all parts installed on airplanes. We have determined that, 
as an alternative to the inspections required by paragraph (f) of this 
AD, an operator may submit properly kept maintenance records to 
establish the parts configuration of the struts on an airplane. 
Therefore, we have revised paragraph (f) of this AD, inserted new 
paragraph (h), and reidentified the subsequent paragraphs accordingly.

Request To Delete Requirement To Use Aircraft Maintenance Manual (AMM) 
Procedures

    One commenter requests that we delete paragraph (g) of the proposed 
AD. Paragraph (g) requires the use of AMM procedures and does not 
permit the use of operator equivalent procedures. The operator states 
that this requirement adds a level of complication with respect to 
compliance and is unenforceable.
    We do not agree with this request. On at least two occasions, 
operator-developed procedures and tools that were thought to be 
equivalent to AMM procedures made certain unsafe conditions more 
unsafe. We have determined that the installation of engine struts and 
components must be accomplished according to the manufacturer's 
procedures. We have not changed the final rule in this regard. However, 
an operator may apply for an alternative method of compliance under the 
provisions of paragraph (j) of the final rule, if data are submitted to 
substantiate that an operator's equivalent procedure would provide an 
acceptable level of safety.

Request To Revise Fuse Pin Bore Dimensions

    One commenter requests that we revise the dimensions given in 
paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD for the inside 
dimensions of the fuse pin bore. The commenter states that it has 
reviewed the design drawings and has determined that dimensions other 
than those given in the proposed AD should be shown. The commenter has 
submitted dimensions and asserts that they are correct.
    We do not agree with this request. We have determined that the 
dimensions provided by the commenter do not agree with the 
manufacturer's design drawings, and that the instructions shown in the 
proposed AD are correct. Further, the dimension of 0.850 inch shown in 
paragraphs (f)(3)(i) and (f)(3)(ii) of the proposed AD, which is below 
the minimum pin bore dimension of the -1 part and above the maximum pin 
bore dimension of the -2 part, was specified to simplify the inspection 
process for all operators. We have not changed the final rule in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 735 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 478 airplanes of U.S. 
registry. The inspection will take about 1 work hour per fuse pin (2 
fuse pins per airplane), at an average labor rate of $65 per work hour. 
Based on these figures, the estimated cost of the required actions to 
U.S. operators is $62,140, or $130 per airplane.
    Replacement of any upper link forward fuse pin, if required, will 
take about 26 work hours, at an average labor rate of $65 per work 
hour. Required parts will cost about $431. Based on these figures, the 
estimated cost of a replacement is $2,121 per fuse pin.

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

[[Page 43633]]

products identified in this rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-15-15 Boeing: Amendment 39-14204. Docket No. FAA-2005-20138; 
Directorate Identifier 2004-NM-167-AD.

Effective Date

    (a) This AD becomes effective September 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200PF, and -200CB 
series airplanes, line numbers 1 through 735 inclusive, certificated 
in any category; equipped with Pratt & Whitney or Rolls-Royce 
engines.

Unsafe Condition

    (d) This AD was prompted by a report indicating that, due to an 
incorrect listing in the illustrated parts catalog, persons 
performing maintenance on the engine strut(s) could have installed 
an incorrect upper link forward fuse pin having part number (P/N) 
311N5501-2. We are issuing this AD to prevent a ruptured wing box, 
due to the engine not separating safely during certain emergency 
landing conditions, which could lead to a fuel spill and consequent 
fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection of Fuse Pin

    (f) Within 24 months after the effective date of this AD, 
perform a detailed inspection to determine the P/N of the upper link 
forward fuse pins of the engine struts, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-54-0048, dated May 13, 2004, except as provided in 
paragraphs (g) and (h) of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) If the fuse pin is P/N 311N5501-1 or P/N 311N5060-1, no 
further action is required for that fuse pin.
    (2) If the fuse pin is P/N 311N5501-2, prior to further flight, 
replace the fuse pin with a new or serviceable fuse pin, P/N 
311N5501-1, in accordance with the Accomplishment Instructions of 
the service bulletin.
    (3) If the P/N of the fuse pin cannot be determined by 
inspection, use a tool such as an inside reading micrometer to 
determine the inside diameter (ID) of the fuse pin bore.
    (i) If the ID of the fuse pin bore is greater than or equal to 
0.850 inch, no further action is required for that fuse pin.
    (ii) If the ID of the fuse pin bore is less than 0.850 inch, 
prior to further flight, replace the fuse pin as specified in 
paragraph (f)(2) of this AD.
    (g) Where Boeing Special Attention Service Bulletin 757-54-0048, 
dated May 13, 2004, permits the use of an ``approved equivalent 
procedure'' for access and replacement of the fuse pin(s), this AD 
requires that access and replacement be done in accordance with the 
instructions of the aircraft maintenance manual (AMM) as specified 
in the service bulletin.

Optional Alternative to Inspections

    (h) Instead of the inspections required by paragraph (f) of this 
AD, a review of the airplane maintenance records is acceptable if 
the P/N of the fuse pins can be positively determined from that 
review.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
fuse pin, P/N 311N5501-2, on any airplane identified in the 
applicability of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Delegation Option 
Authorization Organization who has been authorized by the Manager, 
Seattle ACO, to make those findings. For a repair method to be 
approved, the repair must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (k) You must use Boeing Special Attention Service Bulletin 757-
54-0048, dated May 13, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW, room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.


    Issued in Renton, Washington, on July 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14685 Filed 7-27-05; 8:45 am]

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