[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Proposed Rules]               
[Page 67973-67975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-17]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-198-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200, -
300, and -300F series airplanes. This proposal would require 
performing, for both main landing gear (MLG), gap measurements of the 
upper and lower joint gaps; an ultrasonic inspection of the outer 
cylinder of the MLG for cracks between the downlock fitting attach 
lugs; and follow-on and corrective actions if necessary. This action is 
necessary to detect and correct cracks in the outer cylinder of the 
MLG, which could result in collapsed MLG and consequent reduced 
controllability of the airplane during takeoff and landing. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by January 20, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-198-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-198-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6441; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications

[[Page 67974]]

received on or before the closing date for comments, specified above, 
will be considered before taking action on the proposed rule. The 
proposals contained in this action may be changed in light of the 
comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-198-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-198-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that a crack was found on 
the outer cylinder of the main landing gear (MLG) at the attach lugs 
for the drag strut downlock fitting on a Model 767-300 series airplane. 
The cause of the crack was due to heat damage from the upper bearing 
rubbing on the cylinder. Excessive torque on the downlock fitting 
attachment fasteners during production of Model 767-300 series 
airplanes produced local deflection of the outer cylinder, causing 
contact or interference with the upper bearing. This condition, if not 
corrected, could result in cracks in the outer cylinder of the MLG, 
which could result in collapsed MLG and consequent reduced 
controllability of the airplane during takeoff and landing.

Similar Models

    The subject area on certain Boeing Model 767-200 and -300F series 
airplanes is almost identical to that on the affected Boeing Model 767-
300 series airplanes. Therefore, all of these models may be subject to 
the same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-
32A0196, Revision 2, dated May 15, 2003, which describes procedures, 
for both MLG, for performing gap measurements of the upper and lower 
joint gaps (includes measuring and recording upper and lower joint gaps 
twice); an ultrasonic inspection of the outer cylinder of the MLG for 
cracks between the downlock fitting attach lugs; and follow-on and 
corrective actions if necessary. The follow-on action includes 
restoring the MLG (includes installing shims as applicable, electrical 
bracket, and cotter pins; and marking the MLG). The corrective actions 
include overhauling the outer cylinder of the MLG; replacing the outer 
cylinder of the MLG with an interchangeable outer cylinder, and 
contacting the manufacturer if there is any crack in the outer cylinder 
that cannot be removed within the repair limits. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Difference Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair to be 
accomplished per a method approved by the FAA, or per data meeting the 
type certification basis of the airplane approved by a Boeing Company 
Designated Engineering Representative who has been authorized by the 
FAA to make such findings.

Cost Impact

    There are approximately 833 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 353 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
16 work hours per airplane to accomplish the proposed gap measurement 
and inspection, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $367,120, or $1,040 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions. Manufacturer warranty 
remedies may be available for labor costs associated with this proposed 
AD. As a result, the costs attributable to the proposed AD may be less 
than stated above.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

[[Page 67975]]

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Boeing: Docket 2002-NM-198-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes, 
line numbers 1 through 883 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracks in the outer cylinder of the main 
landing gear (MLG), which could result in collapsed MLG and 
consequent reduced controllability of the airplane during takeoff 
and landing, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Service Bulletin 767-32A0196, 
Revision 2, dated May 15, 2003.

Inspection and Corrective Actions

    (b) Within 18 months after the effective date of this AD, for 
both MLG, do a gap measurement of the upper and lower joint gaps 
(includes measuring and recording upper and lower joint gaps twice); 
and an ultrasonic inspection of the outer cylinder of the main 
landing gear for cracks between the downlock fitting attach lugs, 
per Part 1 of the service bulletin.
    (c) If no crack is found during the inspection required by 
paragraph (b) of this AD, before further flight, do the restoration 
(includes installing shims as applicable, electrical bracket, and 
cotter pins; and marking the main landing gear) per the service 
bulletin.
    (d) If any crack is found during the inspection required by 
paragraph (b) of this AD: Before further flight, overhaul the outer 
cylinder of the MLG or replace the outer cylinder of the MLG with an 
interchangeable outer cylinder per Part 2 of the service bulletin, 
except as provided by paragraph (e) of this AD.
    (e) If any crack is found in the outer cylinder that cannot be 
removed within the repair limits specified in the service bulletin, 
during the overhaul specified in paragraph (d) of this AD, and the 
service bulletin specifies to contact Boeing for appropriate action: 
Before further flight, repair per a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA; or per data 
meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings. For a 
repair method to be approved, the approval must specifically 
reference this AD.

    Note 1: When the outer cylinder is re-installed, attach the 
downlock fittings onto the outer cylinder as specified in the 
applicable Boeing Component Maintenance Manual (CMM), document 
number 161T1000, Section 32-11-19, temporary revision (TR) 32-61, 
dated March 26, 2002 or Section 32-11-19 pages 712 through 716 dated 
July 01, 2002, or dated July 01, 2003; or CMM 32-11-20, TR 32-62, 
dated March 26, 2002, or Section 32-11-20 pages 718 through 722 
dated July 01, 2002, or dated July 01, 2003.

Actions Accomplished Per Previous Issue of Service Bulletin

    (f) Accomplishment of the applicable actions before the 
effective date of this AD per Boeing Service Bulletin 767-32A0196, 
dated August 1, 2002; or, Revision 1, dated September 26, 2002; are 
considered acceptable for compliance with the corresponding action 
specified in this AD.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
MLG on any airplane, unless the outer cylinder of the MLG has been 
inspected and follow-on and corrective actions have been 
accomplished per Boeing Service Bulletin 767-32A0196, Revision 2, 
dated May 15, 2003.

Alternative Methods of Compliance

    (h) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on November 28, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30220 Filed 12-4-03; 8:45 am]

BILLING CODE 4910-13-P