[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Proposed Rules]
[Pages 8566-8568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4232]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-34-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Boeing Model 767 series 
airplanes, that would have required replacement of the aileron control 
override quadrant with a modified unit. This new action revises the 
applicability of the proposed rule. The actions specified by this new 
proposed AD are intended 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. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by March 21, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-34-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-34-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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

[[Page 8567]]

Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-34-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-34-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Boeing Model 767 series airplanes, was published as a notice of 
proposed rulemaking (NPRM) in the Federal Register on August 23, 2002 
(67 FR 54591). That NPRM would have required replacement of the aileron 
control override quadrant with a modified unit. That NPRM was prompted 
by a report of the seizing of the input override mechanism bearings of 
the lateral central control actuator on affected airplanes. The seizing 
was discovered during an inspection and has been attributed to 
corrosion on the steel bearings in the override mechanism. A failed 
override system is a latent failure and does not affect normal 
operation. However, if the pilot's control system were to subsequently 
jam, the seizing of the override bearings could have prevented the 
aileron control override system from operating properly. That 
condition, if not corrected, could result in reduced lateral control of 
the airplane.

Comments

    Certain comments received in response to the original NPRM have 
resulted in changes that expanded its scope and gave rise to this 
supplemental NPRM.

Request To Revise Applicability

    The manufacturer advises that the applicability was incorrectly 
identified in the original NPRM as Boeing Model 767 series airplanes, 
line numbers 1 through 811. The manufacturer reports that line numbers 
812 through 836 are also subject to the identified unsafe condition; 
therefore, the affected inclusive line numbers should be 1 through 836. 
In addition, the manufacturer requests exclusion of Model 767-400ER 
series airplanes from the applicability because the installation of 
corrosion-resistant steel bearings during production on those airplanes 
adequately addresses the identified unsafe condition.
    The FAA agrees and has revised the applicability accordingly in 
this supplemental NPRM. In addition, the Cost Impact section has been 
revised in this supplemental NPRM to reflect the increased number of 
affected airplanes.

Request To Revise Cost Estimate

    One commenter, an operator, requests that the Cost Impact section 
of the original NPRM be revised to reflect additional work hours 
necessary to accomplish the proposed requirements. According to the 
commenter, it would also be necessary to replace the bearings and 
perform corrective rigging of certain control cables. The commenter 
notes the service bulletin's failure to consider these tasks in the 
total work hour estimate.
    The FAA partially concurs with the request. Although the proposed 
AD would require that operators ``replace the aileron control override 
quadrant with a modified unit,'' the FAA recognizes that, to accomplish 
that task, operators must also incur the direct cost of replacing the 
bearings in the aileron override quadrant. Therefore, the Cost Impact 
section has been further revised in this supplemental NPRM to reflect 
an estimated 6 work hours necessary to replace the bearings and 4 work 
hours to replace the quadrant, for a total of approximately 10 work 
hours to accomplish the proposed requirements.
    However, as stated in the original NPRM, the cost impact 
information is intended to provide only the ``direct'' costs of the 
proposed requirements; the total work hour figure represents the time 
necessary to perform only the AD's required actions. The cost analysis 
in AD rulemaking actions typically does not include incidental costs 
such as the time required for cable rigging and testing of the system, 
which would be necessary to ensure the functionality of the system 
after the required actions have been accomplished.

Additional Change to Original NPRM

    The heading for paragraph (b) (``Spare Parts'' in the original 
NPRM) has been changed to ``Part Installation'' in this supplemental 
NPRM.

Conclusion

    Since these changes expand the scope of the original NPRM, the FAA 
has determined that it is necessary to reopen the comment period to 
provide additional opportunity for public comment.

Cost Impact

    There are approximately 836 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 443 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
10 work hours per airplane to accomplish the proposed actions, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $146 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$330,478, or $746 per airplane.

[[Page 8568]]

    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 2002-NM-34-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes; 
certificated in any category; line numbers 1 through 836 inclusive.

    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 (c) 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 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, accomplish the following:

Replacement

    (a) Within 18 months after the effective date of this AD, 
replace the aileron control override quadrant with a modified unit, 
in accordance with Boeing Alert Service Bulletin 767-27A0175, dated 
October 25, 2001.

    Note 2:
    This AD does not require accomplishment of the actions specified 
by Boeing Service Bulletin 767-27-0142.

Part Installation

    (b) As of the effective date of this AD, no person may install, 
on any airplane, an aileron control override quadrant that has not 
been modified in accordance with the requirements of this AD.

Alternative Methods of Compliance

    (c) 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 3:
    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

    (d) 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.

    Issued in Renton, Washington, on February 14, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4232 Filed 2-21-03; 8:45 am]
BILLING CODE 4910-13-P