[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Proposed Rules]
[Pages 40161-40162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-132-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to certain 
Boeing Model 767 series airplanes. That action would have required 
repetitive inspections of the side load underwing fitting bushings for 
broken sealant or bushing migration, and corrective action, if 
necessary. That action also would have provided for optional 
terminating action in lieu of repetitive inspections. Since the 
issuance of the NPRM, the Federal Aviation Administration (FAA) has 
received new data and has issued alternative rulemaking action. 
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: John D. Craycraft, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2782; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to certain Boeing Model 767 series 
airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on November 24, 1999 (64 FR 66119). The 
proposed rule would have required repetitive inspections of the side 
load underwing fitting bushings for broken sealant or bushing 
migration, and corrective action, if necessary. The proposed rule also 
would have provided for optional terminating action in lieu of 
repetitive inspections. The proposed rule was prompted by reports of 
migrated bushings and corrosion on the side load fittings. The proposed 
actions were intended to prevent corrosion in the side load underwing 
fitting, which could result in cracking and consequent reduced 
structural integrity of the wing strut.

Actions Since Issuance of the NPRM

    Since the issuance of that NPRM on November 18, 1999, the FAA has 
issued alternative rulemaking action, which, in addition to comments we 
have received in response to the NPRM, has caused us to reconsider our 
previous position on this rulemaking action.
    We have considered the comments and recommendations we received. 
Although one commenter supports the NPRM as proposed, eight other 
commenters object to it for various reasons. Some of those reasons 
follow:
     Bushing migration does not present an immediate safety 
concern, and no significant corrosion has been found in the side load 
underwing fitting. For these reasons, the commenters believe that the 
inspections specified in the NPRM are unnecessary.
     The cost estimates in the NPRM are too low because of the 
extensive work required, special tooling, and the resultant impact on 
scheduled service. Operators recommend increasing the cost estimates to 
include additional costs for labor, access and closeup, and special 
tooling and equipment.
     The compliance times for the inspections, as specified in 
the NPRM, would put affected airplanes out of service for an extended 
period. One commenter states that the manufacturer would not be able to 
provide an adequate number of kits within the specified compliance 
time. Operators recommend that the compliance times coincide with other 
existing maintenance programs such as the Strut Improvement Program 
(SIP) and the Corrosion Prevention and Control Program (CPCP).
     Removing and reinstalling the wing struts is not a routine 
task performed at regular maintenance intervals. In addition, the 
frequency of strut removal specified in the NPRM would severely impact 
airline schedules. The manufacturer recommends removing the strut only 
during a CPCP inspection,

[[Page 40162]]

which is accomplished at or before 18 years in service. Limiting strut 
removal will reduce the element of human error, structural damage to 
the lug areas, and improper sealing of the bushings.
     The repetitive inspections specified by paragraph (b) of 
the NPRM should be allowed to continue until incorporation of the SIP.

FAA's Determination

    Since the issuance of the NPRM, the FAA has issued three ADs to 
require accomplishment of the 767 SIP. Although the NPRM requires 
repetitive inspections and corrective action if a broken sealant or 
bushing migration is detected, the new ADs require modification of the 
nacelle strut and wing structure on both the left and right sides of 
the airplane. The FAA adds that the discrepancy (broken sealant or 
bushing migration) specified in the NPRM also is addressed by the 
actions included in the 767 SIP. In addition, since issuance of Boeing 
Service Bulletin 767-57-0063, dated May 7, 1998, Boeing has provided to 
the FAA additional data indicating that the recommended compliance 
times listed in that service bulletin were overly conservative. For 
these reasons, the FAA has determined that issuance of the NPRM is no 
longer necessary since the intent of that AD will be accomplished by 
the following previously issued ADs:
     AD 2001-02-07, amendment 39-12091 (66 FR 8085, January 29, 
2001).
     AD 2001-06-12, amendment 39-12159 (65 FR 17492, April 2, 
2001).
     AD 2000-19-09, amendment 39-11910 (65 FR 58641, October 2, 
2000).

FAA's Conclusions

    Upon further consideration, the FAA has determined that, in light 
of the above information, the identified unsafe condition has been 
addressed. Accordingly, the NPRM is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 99-NM-132-
AD, published in the Federal Register on November 24, 1999 (64 FR 
66119), is withdrawn.

    Issued in Renton, Washington, on July 26, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-19262 Filed 8-1-01; 8:45 am]
BILLING CODE 4910-13-U