[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Rules and Regulations]
[Pages 41312-41315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14698]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-75-AD; Amendment 39-12776; AD 2002-12-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200, -200CB, and -
200PF; and 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 757-200, -200CB, and -200PF; and 
767-200, -300, and -300F series airplanes; that requires modification 
of the right main landing gear and auto-speedbrake control system to 
provide an air/ground signal to the system. This action is necessary to 
prevent uncommanded deployment of the auto-speedbrake spoilers during 
flight, which could result in reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective July 23, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 2002.

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: Barbara Mudrovich, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2983; 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 757-200, -
200CB, and -200PF; and 767-200, -300, and -300F series airplanes; was 
published in the Federal Register on November 27, 2001 (66 FR 59185). 
That action proposed to require modification of the right main landing 
gear and auto-speedbrake control system to provide an air/ground signal 
to the system.

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.

Supportive Comment

    One commenter agrees with the proposed rule.

Revised Service Information

    One commenter (the airplane manufacturer) states that Boeing 
representatives have reviewed Boeing Alert Service Bulletin 757-
27A0130, Revision 1, dated October 11, 2001, and recommend that it be 
added to the final rule as another source of service information for 
doing certain actions for Model 757 series airplanes. The proposed rule 
cited Boeing Alert Service Bulletin 757-27A0130, dated August 31, 2000, 
as the proper source of service information for doing the specified 
actions.
    The FAA agrees with the commenter. We have reviewed and approved 
Boeing Alert Service Bulletin 757-27A0130, Revision 1, as an additional 
source of service information for doing certain

[[Page 41313]]

modifications specified in this final rule. We find that the changes 
incorporated in Revision 1 of the service bulletin are not substantive, 
meaning that airplanes modified per the original issue of the service 
bulletin are not subject to any additional work under Revision 1 of the 
service bulletin. Although the functional test has been changed 
somewhat, if the test was done per the original issue of the service 
bulletin it need not be done again unless an Engine Indication and Crew 
Alerting System message is displayed on the pitot heat system. We have 
revised paragraph (a) of this final rule to refer to Revision 1 of the 
service bulletin as the appropriate source of service information for 
the actions in that paragraph applicable to Model 757 series airplanes. 
In addition, we have added a new Note 2 (and reordered subsequent notes 
accordingly) to give credit for modifications done before the effective 
date of this AD according to the original issue of the service 
bulletin.

Extend Compliance Time

    One commenter asks that the compliance time of 36 months, as 
specified in paragraph (a) of the proposed rule, be extended. The 
commenter states that it supports the manufacturer's recommendation of 
``the earliest maintenance opportunity when manpower, materials, and 
facilities are available.'' The commenter notes that incorporating a 
36-month compliance time for the modifications into the current 
schedule for 101 Boeing Model 757 series airplanes will negatively 
impact the flying public, as it will reduce operating capacity by an 
estimated 30 airplanes. The commenter also estimates the cost of this 
project at $5,246,850 and recommends that a 54-month compliance time 
will allow affected airplanes to continue operation without 
compromising safety.
    A second commenter asks that the compliance time specified in the 
proposed rule be extended to 5 years. The commenter states that this 
would meet the operator's heavy check schedule and avoid special visits 
or extended downtime of airplanes. The commenter adds that safety of 
flight will not be compromised because this issue has existed since 
1985 (total of 827,918 flight cycles) without an incident.
    A third commenter asks that the compliance time specified in the 
proposed rule be extended to 48 months. The commenter states that a 
very limited supply of certain kits needed to accomplish the required 
tasks is available. The commenter adds that in many cases there is a 
lead time of up to three weeks for reordering the kits. The commenter 
notes that, due to the number of airplanes affected, the effective date 
of the proposed rule should be determined after Boeing produces an 
adequate number of the kits.
    We partially agree with the commenters. We find that an increase in 
the compliance time will not adversely affect safety, and will allow 
the required modifications to be completed during a regularly scheduled 
maintenance visit, and allow time for procurement of the required kits. 
We have revised paragraph (a) of this final rule to require 
accomplishment of the modifications within 60 months after the 
effective date of the AD. However, we do not agree that the effective 
date of the AD should be determined after production of the kits. The 
manufacturer has assured us that production of the kits will meet the 
compliance time specified in this final rule.

Include Revision 2 of Service Information

    One commenter asks that Revision 2 of the referenced service 
bulletin be added to the proposed rule for doing the specified actions, 
although the original issue was cited in the proposed rule as the 
proper source of service information for doing those actions. The 
commenter states that several operators have requested additional 
changes to Revision 1 of the service bulletin (specified above) to 
clarify certain procedures in the accomplishment instructions and 
effectivity installations of components.
    We do not agree with the commenter. Although we have confirmed with 
the manufacturer that Revision 1 of the service bulletin is being 
revised, that revision (Revision 2) is not yet completed. However, when 
that revision has been reviewed and approved by us, we would consider 
this option under the provisions for requesting approval of an 
alternative method of compliance in paragraph (b) of this final rule. 
No change is made to the final rule in this regard.

Change Certain Wording

    One commenter asks that a statement be added to the proposed rule 
or the referenced service information to state, ``where inner and outer 
ferrules are called out in the service bulletin, an equivalent solder 
sleeve part number is acceptable.'' The commenter adds that solder 
sleeves meet environmental and system temperature requirements.
    We do not agree with the commenter. The manufacturer has informed 
us that the use of solder sleeves is not recommended due to fire safety 
concerns in the work area. No change is made to the final rule in this 
regard.

Proposed Actions Unnecessary for Model 757 Series Airplanes

    One commenter states that the actions specified in the proposed 
rule are not necessary for Model 757 series airplanes. The commenter 
notes that uncommanded deployment of the auto-speedbrake spoiler during 
flight was a repeated condition for a Model 767 series airplane, and 
was reported by one operator at a single geographical location. The 
commenter adds that the digital flight data recorder showed that the 
air/ground systems momentarily went into ground mode and the crew was 
able to recover control of the airplane. The commenter also adds that 
the manufacturer stated that the proximity switch electronic unit 
(PSEU) did not provide the critical auto-speedbrake system with the 
level of redundant protection against an unwanted auto-speedbrake 
spoiler extension. The commenter further notes that the PSEU auto-
speedbrake system is designed with built-in redundancy, and, in order 
to prevent a critical single-point failure, both outputs from systems 1 
and 2 must correspond for the PSEU to signal ground mode. The commenter 
asserts that there may have been external factors at the geographical 
location that contributed to this anomaly. Additionally, the commenter 
suggests that inferring that Model 757 and 767 series airplanes will 
respond similarly under the same circumstances is speculative and lacks 
supporting analysis. The commenter believes that this anomaly can be 
addressed effectively by appropriate flight crew notification and 
awareness through training.
    We do not agree with the commenter. The auto-speedbrake systems for 
Model 757 and 767 series airplanes are equivalent in design and 
installation. Reliability of the Model 757 and 767 PSEUs is not 
adequate, as evidenced by the two incidents of in-flight auto-
speedbrake deployment during landing approach that are identified in 
the proposed rule. This final rule will require operators to add a 
third signal to the auto-speedbrake that is independent of the PSEUs 
and that will increase redundancy of the system, in order to meet FAA 
regulations. No change is made to the final rule in this regard.

Change Cost Impact Information

    One commenter asks that gaining access and closeup of the airplane 
be added to the cost impact section of the proposed rule. The commenter 
states that this is a significant amount of work,

[[Page 41314]]

and provides a breakdown of the cost estimates for each work package.
    We do not agree with the commenter. We stated in the ``Cost 
Impact'' section of the NPRM that, ``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.'' Thus, no change to the final rule is made in 
this regard.

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 1,654 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 583 Model 757 series 
airplanes and 292 Model 767 series airplanes of U.S. registry will be 
affected by this AD. The work hours and cost estimates for the required 
modifications are listed below:

                                   Boeing Alert Service Bulletin 757-27A0130*
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                                                                                     Cost per
                          Work package                             Work hours @      airplane       Fleet cost
                                                                      $60/wh       without parts   without parts
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1...............................................................              50          $3,000      $1,749,000
2...............................................................              32           1,920       1,119,360
3...............................................................              12             720        419,760
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* Parts cost for Model 757 series airplanes is between $8,953 and $10,630 per airplane.


                                   Boeing Alert Service Bulletin 767-27A0160*
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                                                                                     Cost per
                          Work package                             Work hours @      airplane       Fleet cost
                                                                      $60/wh       without parts   without parts
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1...............................................................              11            $660        $192,720
2...............................................................              18           1,080         315,360
3...............................................................               2             120          35,040
4...............................................................              15             900        262,800
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* Parts cost for Model 767 series airplanes is between $7,132 and $8,224 per airplane.

    The cost impact figures discussed above are 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:

2002-12-04  Boeing: Amendment 39-12776. Docket 2001-NM-75-AD.

    Applicability: Model 757-200, -200CB, and -200PF series 
airplanes, line numbers 1 through 895 inclusive; and Model 767-200, 
-300, and -300F series airplanes, line numbers 1 through 759 
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 
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.

[[Page 41315]]

    To provide a second air/ground signal to the auto-speedbrake 
control system to prevent uncommanded deployment of the auto-
speedbrake spoilers during flight, which could result in reduced 
controllability of the airplane, accomplish the following:

Modifications

    (a) Within 60 months after the effective date of this AD: Modify 
the right main landing gear and auto-speedbrake control system 
according to Work Packages 1 through 3 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-27A0130, Revision 
1, dated October 11, 2001 (for Model 757 series airplanes); or Work 
Packages 1 through 4 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-27A0160, dated December 20, 2000 (for 
Model 767 series airplanes); as applicable.

    Note 2: Modification of the right main landing gear and auto-
speedbrake control system done before the effective date of this AD 
according to Boeing Alert Service Bulletin 757-27A0130, dated August 
31, 2000, is considered acceptable for compliance with the 
applicable modification specified in paragraph (a) of this AD.


    Note 3: Boeing Alert Service Bulletin 757-27A0130 specifies that 
each work package can be done independently or at the same time, in 
any sequence, but the functional tests in Work Package 3 should be 
done last. Boeing Alert Service Bulletin 767-27A0160 specifies that 
each work package can be done independently or at the same time, in 
any sequence, but Work Package 4 should be done last.

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 modifications shall be done in accordance with Boeing 
Alert Service Bulletin 757-27A0130, Revision 1, dated October 11, 
2001; and Boeing Alert Service Bulletin 767-27A0160, dated December 
20, 2000, as applicable. 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 July 23, 2002.


    Issued in Renton, Washington, on June 4, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-14698 Filed 6-17-02; 8:45 am]
BILLING CODE 4910-13-P