[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Rules and Regulations]
[Page 1511-1513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-152-AD; Amendment 39-13415; AD 2004-01-02]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 767-200, -300, and -300F series
airplanes. This action requires modification of the aft pitch load
fitting of the diagonal brace of the nacelle strut of each wing. This
action is necessary to prevent loss of the fuse pin of the pitch load
fitting due to fatigue caused by improper clearance between the fuse
pin and bushing, which could result in increased loads in the wing-to-
strut joints and consequent separation of the strut and engine from the
wing. This action is intended to address the identified unsafe
condition.
DATES: Effective February 13, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 13, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 767-200, -
300, and -300F series airplanes was published in the Federal Register
on July 9, 2003 (68 FR 40834). That action proposed to require
modification of the aft pitch load fitting of the diagonal brace of the
nacelle strut of each wing.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Extend Compliance Time
One commenter requests that the proposed compliance time for the
modification be extended from 18 months to ``18 months or the first 4C
check, whichever is later.'' The commenter states that this extended
compliance time would allow the modification to be accomplished during
the time of a regularly scheduled heavy maintenance visit. The
commenter considers that the proposed compliance time of 18 months
would require operators to take each airplane out of service for four
to seven days to accomplish the required modification, which would
impose a major disruption on the commenter's operations.
The FAA partially agrees with the commenter's request to extend the
compliance time for the modification. We cannot use indefinite or non-
specific intervals, such as ``first 4C check.'' Since maintenance
schedules vary from operator to operator, there can be no assurance
that the action will be accomplished within the time frame for safe
operation of the airplane. However, we do agree to extend the
compliance time from 18 months to 24 months. Our original intent was to
allow the modification to be accomplished at a regularly scheduled
heavy maintenance visit. Extending the compliance time by six months
will not adversely affect safety, and will allow the modification to be
performed during the regularly scheduled heavy maintenance visits.
Paragraph (a) of the final rule has been revised to specify a
compliance time of 24 months.
Allow for Alternate Sealants
One commenter requests that the proposed AD indicate whether
alternate sealants (alternate specifications) are allowed, per Section
51-20-05, Figure 8, dated August 15, 2002, of the Boeing 767-200, 767-
300, and 767-300F Structural Repair Manuals. The commenter's intent is
to prevent future requests for alternative methods of compliance
(AMOC).
We infer that the operator would like to use an alternate sealant
when accomplishing the required modification. We agree with the
[[Page 1512]]
commenter's request. We have changed the final rule to allow alternate
sealants.
Provide Instructions for Measuring Bushings
One commenter requests that the proposed AD contain instructions to
operators for measuring the inside diameter of an affected bushing to
ensure that it is oversized and requires replacement.
We infer that the commenter does not wish to replace a bushing
unless it is necessary. The manufacturer has informed us that 100% of
airplanes affected by this AD were manufactured with the wrong bushing
internal diameter due to an error on the production drawing. Therefore,
all bushings are oversized and measurement instructions are
unnecessary. We have not changed the final rule regarding this issue.
Incorporate Information Notices in the Proposed AD
One commenter requests that the proposed AD be revised to
incorporate two information notices (IN) that have been released
relating to the proposed action since the original release of Boeing
Alert Service Bulletin 767-54A0102, dated November 8, 2001, (which is
referenced in the proposed AD as the appropriate source of service
information for the required actions). The commenter states that the
FAA has not yet reviewed and approved these Information Notices.
We concur with the commenter's request to revise the final rule as
it relates to the two INs. We have reviewed and approved the two
notices: Boeing Information Notice 767-54A0102 IN 01, dated July 18,
2002, which clarifies how to gain access to the affected area; and
Boeing Information Notice 767-54A0102 IN 02, dated August 29, 2002,
which clarifies the existing part number of the aft pitch load fitting
prior to performing the required modification. Neither of these INs
increases or decreases the scope of the work required by the AD.
However, if the INs are incorporated into a new revision of the service
bulletin we will consider approving the bulletin as an AMOC. We have
changed the final rule to incorporate the two INs.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 59 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 32 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
39 work hours per wing to accomplish the required actions (includes
access and close-up), and that the average labor rate is $65 per work
hour. Required parts will cost approximately $5,256 per airplane. Based
on these figures, the cost impact of the actions required by this AD on
U.S. operators is estimated to be $330,432, or $10,326 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this 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.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-01-02 Boeing: Amendment 39-13415. Docket 2002-NM-152-AD.
Applicability: Model 767-200, -300, and -300F series airplanes,
as listed in Boeing Alert Service Bulletin 767-54A0102, dated
November 8, 2001; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent loss of the fuse pin of the aft pitch load fitting of
the diagonal brace, which could result in increased loads in the
wing-to-strut joints and consequent separation of the strut and
engine from the wing, accomplish the following:
Modification
(a) Within 24 months after the effective date of this AD: Modify
the aft pitch load fitting of the diagonal brace of the nacelle
strut of each wing (including dye penetrant inspections for cracking
or damage of the fitting; reworking the fitting if cracking or
damage is found; honing, chamfering, measuring, and machining the
fitting if no cracking or damage is found; and replacing the bushing
and fuse pin with new components) by accomplishing all of the
actions specified in paragraphs 3.A. through 3.J. of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
54A0102, dated November 8, 2001. Clarifications to the work required
by this paragraph may be used per Boeing Information Notice 767-
54A0102 IN 01, dated July 18, 2002; and per Boeing Information
Notice 767-54A0102 IN 02, dated August 29, 2002. Alternate sealants
are allowed when accomplishing the actions required by paragraphs
3.A. through 3.J. of the service bulletin, per Section 51-20-05,
[[Page 1513]]
Figure 8, dated August 15, 2002, of the Boeing 767-200, 767-300, and
767-300F Structural Repair Manuals. Any applicable follow-on
corrective actions must be done before further flight.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(c) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Alert Service Bulletin 767-54A0102,
dated November 8, 2001. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Boeing
Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-
2207. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Effective Date
(d) This amendment becomes effective on February 13, 2004.
Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-122 Filed 1-8-04; 8:45 am]
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