[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40834-40835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-152-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767-200, -
300, and -300F series airplanes. This proposal would require 
modification of the aft pitch load fitting of the diagonal brace of the 
nacelle strut of each wing. This action is necessary to prevent loss of 
the fuse pin of the pitch load fitting due to fatigue caused by 
improper clearance between the fuse pin and bushing, which could result 
in increased loads in the wing-to-strut joints and consequent 
separation of the strut and engine from the wing. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by August 25, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-152-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-152-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 or 2000 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 Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6441; 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-152-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-152-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that, during production, 
excessive clearance between the fuse pin and the bushing of the aft 
pitch load fitting of the diagonal brace of the nacelle strut of the 
wing was found on certain Model 767 series airplanes. Such improper 
clearance may lead to reduced fatigue life and potential loss of the 
fuse pin, which could result in increased loads in the wing-to-strut 
joints and consequent separation of the strut and engine from the wing.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-54A0102, dated November 8, 2001, which describes procedures for 
modification of the aft pitch load fitting of the diagonal brace of the 
nacelle strut of each wing. The modification includes, among other 
things, doing dye penetrant inspections for cracking or damage of the 
fitting; reworking the fitting if cracking or damage is found; honing, 
chamfering, measuring, and machining the fitting if no cracking or 
damage is found; and replacing the bushing and fuse pin. Replacement of 
the existing bushing with a bushing having a smaller inner diameter, 
and replacement of the fuse pin with a new fuse pin, will ensure that 
the proper clearance between the fuse pin and bushing of the aft pitch 
load fitting of the diagonal brace is maintained. Consequently, the 
fuse pin will retain its designed fatigue life. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the

[[Page 40835]]

FAA's airworthiness directives system. The regulation now includes 
material that relates to altered products, special flight permits, and 
alternative methods of compliance. Because we have now included this 
material in part 39, we no longer need to include it in each individual 
AD; however, this AD identifies the office authorized to approve 
alternative methods of compliance.

Cost Impact

    There are approximately 59 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 32 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
39 work hours per wing to accomplish the proposed actions (includes 
access and close-up), and that the average labor rate is $60 per work 
hour. Required parts would cost approximately $5,256 per airplane. 
Based on these figures, the cost impact of the actions proposed by this 
AD on U.S. operators is estimated to be $317,952, or $9,936 per 
airplane.
    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 proposed 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 
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-152-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes, 
as listed in Boeing Alert Service Bulletin 767-54A0102, dated 
November 8, 2001; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of the fuse pin of the aft pitch load fitting of 
the diagonal brace, which could result in increased loads in the 
wing-to-strut joints and consequent separation of the strut and 
engine from the wing, accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD: Modify 
the aft pitch load fitting of the diagonal brace of the nacelle 
strut of each wing (including dye penetrant inspections for cracking 
or damage of the fitting; reworking the fitting if cracking or 
damage is found; honing, chamfering, measuring, and machining the 
fitting if no cracking or damage is found; and replacing the bushing 
and fuse pin with new components) by accomplishing all of the 
actions specified in paragraphs 3.A. through 3.J. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
54A0102, dated November 8, 2001. Any applicable follow-on corrective 
actions must be done before further flight.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on July 1, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17315 Filed 7-8-03; 8:45 am]
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