[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Rules and Regulations]
[Pages 66923-66925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28089]



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  Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / 
Rules and Regulations  

[[Page 66923]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-374-AD; Amendment 39-11957; AD 2000-22-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 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 series airplanes, that requires 
modification of the canted pressure deck drain system in the wheel well 
of the main landing gear (MLG). This amendment is prompted by reports 
of ice accumulation on the aileron control cables and on the MLG door 
and door seal during flight, due to fluid entering the canted pressure 
deck area, leaking into the MLG wheel well, and freezing. The actions 
specified by this AD are intended to prevent such ice accumulation, 
which could render one of the aileron control systems and/or the MLG 
doors inoperative, resulting in reduced controllability of the 
airplane.

DATES: Effective December 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 13, 2000.

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

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 series 
airplanes was published in the Federal Register on February 4, 2000 (65 
FR 5455). That action proposed to require modification of the canted 
pressure deck drain system in the wheel well of the main landing gear 
(MLG).

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.

Support for the Proposed AD

    One commenter supports the proposed AD.

Request To Accept Alternative Methods of Compliance

    One commenter, the airplane manufacturer, requests that the FAA 
revise the proposed AD to reference certain other service bulletins as 
acceptable methods of compliance with the proposed AD, in lieu of 
accomplishment of Boeing Service Bulletin 767-51A0020, Revision 1, 
dated July 22, 1999. (Paragraph (a) of the proposed AD cites Revision 1 
as the appropriate source of service information for the actions 
specified in that paragraph.) The commenter states that accomplishment 
of Boeing Service Bulletin 767-53-0059, dated November 12, 1992 (which 
describes a one-time pressure check of the seals of the canted pressure 
deck), along with either Boeing Service Bulletin 767-51-0014, dated 
August 2, 1990 (which describes relocation of the vent holes for the 
pressure-operated drain lines), or Boeing Service Bulletin 767-51-0019, 
dated June 27, 1996 (which describes relocation of drain outlets from 
the MLG wheel wells to the heat shields of the ram air outlets), will 
prevent ice accumulation on the aileron control cables and the MLG door 
and seal as effectively as incorporation of Boeing Service Bulletin 
767-51A0020.
    The FAA partially concurs with the commenter's request. The FAA 
concurs that accomplishment of Boeing Service Bulletin 767-53-0059 and 
Boeing Service Bulletin 767-51-0014 or 767-51-0019 would adequately 
prevent ice accumulation on the aileron control cables. The FAA also 
finds that accomplishment of Boeing Service Bulletins 767-53-0059 and 
767-51-0019 adequately prevents ice accumulation on the main landing 
gear door and seal. However, the FAA finds that accomplishment of 
Boeing Service Bulletins 767-53-0059 and 767-51-0014 does not 
adequately prevent ice accumulation on the MLG door and seal. 
Therefore, the FAA finds that accomplishment of Boeing Service 
Bulletins 767-53-0059 and 767-51-0019, but not Boeing Service Bulletin 
767-51-0014, is acceptable for compliance with the requirements of 
paragraph (a) of this AD. A new ``Note 3'' has been added to this AD 
(and renumbered subsequent notes accordingly) to state the acceptable 
means of compliance.
    The same commenter requests that the FAA revise paragraph (a) of 
the proposed AD to allow accomplishment of the modification in 
accordance with the original issue of Boeing Alert Service Bulletin 
767-51A0020, dated November 19, 1998, or Revision 1. The commenter 
notes that airplanes modified per the original issue do not require 
additional work because Revision 1 only clarifies certain work 
instructions.
    The FAA concurs with the intent of the commenter's request, but 
notes that ``Note 2'' of the proposed AD already states that 
modification in accordance with the original issue of the service 
bulletin prior to the effective date of this AD is acceptable for 
compliance with paragraph (a) of this AD. Therefore, no change to the 
final rule is necessary in this regard.

Request To Extend Compliance Time

    Three commenters request that the FAA extend the compliance time 
for the proposed modification beyond 24 months. One commenter requests 
that the FAA extend the compliance time to 36 months to allow for 
delivery of

[[Page 66924]]

necessary parts. Another commenter requests that the FAA extend the 
compliance time to 60 months to allow for accomplishment of the 
modification during a major maintenance visit, such as a ``D''-check. 
The commenter that requests extension of the compliance time to 60 
months justifies its request based on the fact that there have been 
very few in-service problems related to freezing of the aileron control 
cables on Model 767 series airplanes, and on design changes that have 
been made related to potential ice accumulation on the aileron control 
cables.
    The FAA concurs with the first commenter's request to extend the 
compliance time from 24 months to 36 months. This extension will allow 
a 12-month lead time for affected operators to obtain the parts 
necessary for the modification. The FAA finds that such an extension 
will not adversely affect safety, and this determination is based in 
part on the justifications cited by the second commenter. However, the 
FAA finds that extension of the compliance time to 60 months, as 
requested by the second commenter, would not ensure accomplishment of 
the modification required by this AD on all affected airplanes in a 
timely manner. Paragraph (a) of this final rule has been revised 
accordingly.
    Another commenter requests extension of the compliance time to 48 
months to allow time for accomplishment of another service bulletin 
that the commenter notes may be required to be accomplished 
concurrently with the modification in this AD (see the ``Request to 
Clarify Requirements'' section of this document, below). The FAA does 
not concur with this commenter's request to extend the compliance time 
for this AD to 48 months. As explained below, the service bulletin with 
which the commenter is concerned is not required by this AD; thus, no 
extension of the compliance time is necessary in this regard.

Request To Clarify Requirements

    Two commenters question whether Boeing Service Bulletin 767-53-
0059, dated November 12, 1992, must be incorporated concurrently with 
the proposed modification. The commenters note that Section 1.B. 
(``Concurrent Requirements'') of Boeing Service Bulletin 767-51A0020, 
Revision 1, states that accomplishment of Boeing Service Bulletin 767-
53-0059 is required for certain airplanes, but Section 1.D. 
(``Description''), Note 4, of Boeing Service Bulletin 767-51A0020, 
Revision 1, states that accomplishment of Boeing Service Bulletin 767-
53-0059 is recommended for those airplanes. The commenters request that 
the FAA revise the proposed AD to clarify whether Boeing Service 
Bulletin 767-53-0059 is required.
    The FAA concurs that clarification is indeed necessary. The FAA has 
determined that accomplishment of Boeing Service Bulletin 767-53-0059 
is not required by this AD because the modification in accordance with 
Boeing Service Bulletin 767-51A0020 corrects the conditions addressed 
by Boeing Service Bulletin 767-53-0059. Because the proposed rule did 
not directly reference Boeing Service Bulletin 767-53-0059, the FAA 
finds that no change to the final rule is necessary in this regard. 
However, operators should note that, as stated previously, 
accomplishment of Boeing Service Bulletins 767-53-0059 and 767-51-0019 
is acceptable for compliance with this AD, in lieu of accomplishment of 
Boeing Service Bulletin 767-51A0020.

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.

Cost Impact

    There are approximately 716 Model 767 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 278 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 15 work hours per airplane to accomplish the 
required modification, and that the average labor rate is $60 per work 
hour. Required parts will cost approximately $6,623 per airplane. Based 
on these figures, the cost impact of the modification required by this 
AD on U.S. operators is estimated to be $2,091,394, or $7,523 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

    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

    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:

2000-22-11  Boeing: Amendment 39-11957. Docket 99-NM-374-AD.

    Applicability: Model 767 series airplanes, line numbers 1 
through 723 inclusive, 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

[[Page 66925]]

alternative method of compliance in accordance with paragraph (b) 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 ice accumulation on the aileron control cables and/or 
main landing gear (MLG) door and door seal during flight, which 
could render one of the aileron control systems and/or the MLG doors 
inoperative, resulting in reduced controllability of the airplane, 
accomplish the following:

Modification

    (a) Within 36 months after the effective date of this AD: Modify 
the canted pressure deck drain system in the wheel well of the MLG, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-51A0020, Revision 1, dated July 22, 1999.

    Note 2: Modification of the canted pressure deck drain system 
accomplished prior to the effective date of this AD in accordance 
with Boeing Alert Service Bulletin 767-51A0020, dated November 19, 
1998, is considered acceptable for compliance with the modification 
specified in this AD.


    Note 3: Accomplishment of the actions specified in both Boeing 
Service Bulletins 767-53-0059, dated November 12, 1992, and 767-51-
0019, dated June 27, 1996, is acceptable for compliance with 
paragraph (a) of this AD.

Alternative Methods of Compliance

    (b) 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. 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 4: 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

    (c) 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

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin 767-51A0020, Revision 1, dated July 22, 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.

Effective Date

    (e) This amendment becomes effective on December 13, 2000.

    Issued in Renton, Washington, on October 27, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28089 Filed 11-7-00; 8:45 am]
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