[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Rules and Regulations]
[Pages 63182-63184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29822]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-303-AD; Amendment 39-11426; AD 99-24-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is

[[Page 63183]]

applicable to certain Boeing Model 767-200 and -300 series airplanes. 
This action requires a one-time visual inspection to determine the part 
number and serial number of the lower drag strut of the nose landing 
gear (NLG); and corrective actions, if necessary. This amendment is 
prompted by reports of a fracture of the lower drag strut of the NLG, 
which was caused by a thin wall thickness condition that occurred 
during the manufacturing process. The actions specified in this AD are 
intended to prevent a fracture of the lower drag strut, which could 
result in collapse of the NLG.

DATES: Effective December 6, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 6, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before January 18, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-303-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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.

FOR FURTHER INFORMATION CONTACT: James G. Rehrl, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2783; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received reports of a fracture 
of the lower drag strut of the nose landing gear (NLG) on certain 
Boeing 767-200 and -300 series airplanes. Investigation revealed that 
the fractured lower drag strut of the NLG was found to have been 
manufactured with a thin wall thickness condition. This condition, if 
not detected and corrected, could result in a fracture of the lower 
drag strut and collapse of the NLG.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-32A0185, dated September 2, 1999, which describes procedures for a 
one-time visual inspection to determine the part number and serial 
number of the lower drag strut of the NLG; and corrective actions, if 
necessary. The corrective actions involve performing a one-time 
ultrasonic inspection to measure the thickness of the lower drag strut. 
The corrective actions also involve either overhauling the lower drag 
strut if the thickness is within certain limits or replacing the lower 
drag strut with a new or serviceable lower drag strut, if the thickness 
is outside certain limits. Accomplishment of the actions specified in 
the alert service bulletin is intended to adequately address the 
identified unsafe condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent a fracture of the lower drag strut, which could 
result in collapse of the NLG. This AD requires accomplishment of the 
actions specified in the alert service bulletin described previously.
    This AD also requires that operators report all inspection results 
(positive only) to the FAA.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-303-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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:

[[Page 63184]]

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:

    99-24-02  Boeing: Amendment 39-11426. Docket 99-NM-303-AD.

    Applicability: Model 767-200 and -300 series airplanes, as 
listed in Boeing Alert Service Bulletin 767-32A0185, dated September 
2, 1999; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a fracture of the lower drag strut, which could 
result in collapse of the nose landing gear (NLG), accomplish the 
following:

Visual Inspection

    (a) Within 90 days after the effective date of this AD, perform 
a one-time visual inspection to determine the part number and serial 
number of the lower drag strut of the NLG, in accordance with Boeing 
Alert Service Bulletin 767-32A0185, dated September 2, 1999. If the 
prefix of the serial number of the lower drag strut is not HM or 
FRG, no further action is required by this AD.

Ultrasonic Inspection

    (b) For airplanes on which lower drag strut having part number 
(P/N) 162T2003-5 and serial number (S/N) prefix HM or FRG is 
installed: Prior to further flight, perform a one-time ultrasonic 
inspection to measure the wall thickness of the lower drag strut of 
the NLG, in accordance with Boeing Alert Service Bulletin 767-
32A0185, dated September 2, 1999, and accomplish paragraph (b)(1), 
(b)(2), or (b)(3) of this AD, as applicable, at the time specified.
    (1) If the wall thickness is greater than or equal to 0.210 
inch: No further action is required by this AD.
    (2) If the wall thickness is greater than or equal to 0.180 
inch, but less than 0.210 inch: Within 5 years after the effective 
date of this AD, overhaul the lower drag strut in accordance with 
Part 2 of the Accomplishment Instructions of the alert service 
bulletin.
    (3) If the wall thickness is less than 0.180 inch: Prior to 
further flight, replace the lower drag strut with a new or 
serviceable lower drag strut in accordance with Part 3 of the 
Accomplishment Instructions of the alert service bulletin.
    (c) For airplanes on which lower drag strut having P/N 162T2003-
1 or 162T2003-3 and S/N prefix HM or FRG is installed: Perform a 
one-time ultrasonic inspection to measure the wall thickness of the 
lower drag strut of the NLG, in accordance with Boeing Alert Service 
Bulletin 767-32A0185, dated September 2, 1999, and accomplish 
paragraph (c)(1), (c)(2), or (c)(3) of this AD, as applicable, at 
the time specified.
    (1) If the wall thickness is greater than or equal to 0.160 
inch: No further action is required by this AD.
    (2) If the wall thickness is greater than or equal to 0.150 
inch, but less than 0.160 inch: Within 5 years after the effective 
date of this AD, overhaul the lower drag strut in accordance with 
Part 2 of the Accomplishment Instructions of the alert service 
bulletin.
    (3) If the wall thickness is less than 0.150 inch: Prior to 
further flight, replace the lower drag strut with a new or 
serviceable lower drag strut in accordance with Part 3 of the 
Accomplishment Instructions of the alert service bulletin.
    (d) As of the effective date of this AD, no person shall install 
on any airplane, a lower drag strut of the NLG having P/N 162T2003-
1, 162T2003-3, or 162T2003-5, and S/N prefix HM or FRG, unless the 
part has been inspected to verify proper wall thickness in 
accordance with this AD.

Reporting Requirement

    (e) Submit a report of the inspection findings (positive only, 
defined as a thin wall thickness condition that requires corrective 
action) to the Seattle Manufacturing Inspection District Office 
(MIDO), 2500 East Valley Road, Suite C-2, Renton, Washington 98055-
4056; fax (425) 227-1159; at the applicable time specified in 
paragraph (e)(1) or (e)(2) of this AD. The report must include the 
airplane serial number; the number of total flight hours and flight 
cycles on the airplane. Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.
    (1) For airplanes on which the applicable inspection required by 
either paragraph (b) or (c) of this AD is accomplished after the 
effective date of this AD: Submit the report within 30 days after 
performing the inspection.
    (2) For airplanes on which the applicable inspection required by 
either paragraph (b) or (c) of this AD has been accomplished prior to 
the effective date of this AD: Submit the report for the inspection 
within 30 days after the effective date of this AD.

Alternative Methods of Compliance

    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (h) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-32A0185, dated September 2, 1999. 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.
    (i) This amendment becomes effective on December 6, 1999.

    Issued in Renton, Washington, on November 9, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-29822 Filed 11-18-99; 8:45 am]
BILLING CODE 4910-13-U