[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Rules and Regulations]
[Page 74645-74647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21716; Directorate Identifier 2005-NM-080-AD;
Amendment 39-14418; AD 2005-25-25]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
Series Airplanes
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 767-200, -300, and -300F series airplanes. This AD
requires replacing the aileron control override quadrant with a
modified unit. This AD results from a report of the seizing of the
input override mechanism bearings of the lateral central control
actuator on affected airplanes. We are issuing this AD to prevent
corrosion of the input override mechanism bearings of the lateral
central control actuator, which, in the event of a subsequent jam in
the pilot's aileron control system, could result in failure of the
aileron override system and consequent reduced lateral controllability
of the airplane.
DATES: This AD becomes effective January 20, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 20,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6487; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
767-200, -300, and -300F series airplanes. That NPRM was published in
the Federal Register on July 6, 2005 (70 FR 38819). That NPRM proposed
to require replacing the aileron control override quadrant with a
modified unit.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the Proposed AD
Two commenters express support for the proposed AD.
Request To Extend Compliance Time
One commenter, an airplane operator, requests that the proposed
compliance time for replacing the aileron control override quadrant be
extended from 18 months after the effective date of the AD to 21 months
after the effective date of the AD. The commenter states that the 18-
month compliance time will create undue economic hardship because it's
``C'' check interval has been extended to 21 months.
We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
action we considered the urgency associated with the subject unsafe
condition, and the practical aspect of accomplishing the required
modification within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. Since maintenance
schedules vary from operator to operator, it is not possible to
guarantee that all affected airplanes could be modified during
scheduled maintenance, even if we extended the compliance time to 21
months. We find that an 18-month compliance time represents the maximum
time in which the affected airplanes may continue to operate without
compromising safety. We also note that economic hardship is not
sufficient rationale for demonstrating that an extended compliance time
would provide an acceptable level of safety. However, according to the
provisions of paragraph (h) of the final rule, we may approve requests
to adjust the compliance time if the request includes data to
substantiate that the new compliance time would provide an acceptable
level of safety. No change to the final rule is necessary.
Request To Correct Wording in ``Relevant Service Information'' Section
One commenter notes that the ``Relevant Service Information''
section of the proposed AD should be corrected to state that Revision 1
of Boeing Alert Service Bulletin 767-27A0175, dated June 3, 2004,
increased the effectivity rather than Revision 2, of Boeing Service
Bulletin 767-27A0175, dated August 5, 2004, as is currently stated in
that section. The commenter points out that Revision 1 of the alert
service bulletin increased the applicability and that this
applicability was continued in Revision 2 of the service bulletin.
We partially agree with the commenter. We agree that the additional
airplanes (line number 837 through 918) were added to Revision 1 rather
than Revision 2 of the service bulletin, and we have revised paragraphs
(f) and (i) of the final rule accordingly. However, since the
``Relevant Service Information'' section of the preamble does not
reappear in the final rule, we have not revised that section.
Request To Revise Cost Estimate
One commenter disagrees with the projected costs to accomplish the
proposed replacement of the aileron control override quadrant. The
commenter states that its actual costs to do the replacement have been
$1,068 per airplane rather than $796, which was the cost proposed in
the NPRM.
We infer that the commenter would like the cost estimate to be
revised to closer reflect its actual costs. We acknowledge the
commenter's concerns, but disagree with revising the cost estimate.
Although the operator has tracked its own costs based on data it kept
when accomplishing related AD 2003-15-03, amendment 39-13245 (68 FR
44197, July 28, 2003), the commenter does not state how the additional
costs were accrued (e.g., additional labor, parts, etc.). We
acknowledge that the costs associated with doing the required actions
can vary depending on if the
[[Page 74646]]
operator chooses to replace the existing override quadrant assembly, or
if it chooses to overhaul the existing override quadrant by installing
new corrosion resistant steel bearings. In addition, we recognize that
in accomplishing the requirements of any AD, operators may incur
``incidental'' costs in addition to the ``direct'' costs that are
reflected in the cost analysis presented in the AD preamble. However,
the cost analysis in AD rulemaking actions typically does not include
incidental costs, but only the costs of the specific actions required
by the AD action.
We have not revised the final rule in this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Explanation of Editorial Change
We have revised the cost estimate to correct the number of
airplanes in the worldwide fleet. The NPRM stated that the number is
127 airplanes; the final rule states that the number is 82 airplanes.
Conclusion
We have carefully reviewed the available data, including the
comments received, 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 82 airplanes of the affected design in the
worldwide fleet. This proposed AD affects about 45 airplanes of U.S.
registry. The actions will take about 10 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts cost about $146
per airplane. Based on these figures, the estimated cost of this AD for
U.S. operators is $35,820, or $796 per airplane.
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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-25-25 Boeing: Amendment 39-14418. Docket No. FAA-2005-21716;
Directorate Identifier 2005-NM-080-AD.
Effective Date
(a) This AD becomes effective January 20, 2006.
Affected ADs
(b) This AD is related to AD 2003-15-03, amendment 39-13245. AD
2003-15-03 is applicable to Boeing Model 767-200, -300, and -300F
series airplanes, certificated in any category, line numbers (L/Ns)
1 through 836 inclusive.
Applicability
(c) This AD applies to Boeing Model 767-200, -300, and -300F
series airplanes, certificated in any category, L/Ns 837 through 918
inclusive.
Unsafe Condition
(d) This AD was prompted by a report of the seizing of the input
override mechanism bearings of the lateral central control actuator
on affected airplanes. We are issuing this AD to prevent corrosion
of the input override mechanism bearings of the lateral central
control actuator, which, in the event of a subsequent jam in the
pilot's aileron control system, could result in failure of the
aileron override system and consequent reduced lateral
controllability of the airplane.
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.
Replacement
(f) Within 18 months after the effective date of this AD,
replace the aileron control override quadrant with a modified unit,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-27A0175, Revision 1, dated June 3, 2004; or
Boeing Service Bulletin 767-27A0175, Revision 2, dated August 5,
2004.
Note 1: This AD does not require accomplishing the actions
specified by Step 5 of Figure 2 of Boeing Alert Service Bulletin
767-27A0175, Revision 1, or Boeing Service Bulletin 767-27A0175,
Revision 2.
Part Installation
(g) As of the effective date of this AD, no person may install,
on any airplane, an aileron control quadrant override assembly that
has not been modified in accordance with the requirements of this
AD.
Alternative Methods of Compliance (AMOCs)
(h)(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) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
[[Page 74647]]
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin 767-27A0175,
Revision 1, dated June 3, 2004; or Boeing Service Bulletin 767-
27A0175, Revision 2, dated August 5, 2004; as applicable; to perform
the actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of these documents in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy
of this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., room PL-401, Nassif Building, Washington, DC; on the
Internet at http://dms.dot.gov; or at 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 December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24054 Filed 12-15-05; 8:45 am]
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