[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Rules and Regulations]
[Pages 44197-44199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18787]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-34-AD; Amendment 39-13245; AD 2003-15-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 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 767 series airplanes, that requires 
replacement of the aileron control override quadrant with a modified 
unit. The actions specified by this 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: Effective September 2, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 2, 2003.

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: 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: 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 as a supplemental notice of proposed rulemaking 
(NPRM) in the Federal Register on February 24, 2003

[[Page 44198]]

(68 FR 8566). That action proposed to require replacement of the 
aileron control override quadrant with a modified unit. That action 
also proposed to revise the applicability of the original NPRM.

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. One commenter has a program in place to do the 
modification specified in the supplemental NPRM. Another commenter 
concurs with the contents of the supplemental NPRM and has no 
additional comments.

Request for Immediate Check of the Fleet Before Replacement

    One commenter agrees that the replacement of the aileron control 
override quadrant with a modified unit that is not susceptible to 
corrosion, as specified in the supplemental NPRM, is necessary. 
However, the commenter states that it would have preferred that an 
additional immediate check of the fleet be added to the supplemental 
NPRM to identify any seized assemblies so that they could be replaced 
before a dormant failure became critical. The commenter adds that 18 
months is a long time for airplanes to be exposed to the identified 
deficiency.
    We do not agree that it is necessary to add an immediate check of 
the fleet to the final rule to identify seized assemblies of the 
aileron control override quadrant before accomplishment of the 
replacement. In developing the 18-month compliance time for the 
replacement of the aileron control override quadrant, we considered the 
effects of a jammed lateral system, combined with a seized override 
bearing (increased wheel load), and determined that such a compliance 
time would allow operators sufficient time to accomplish the 
replacement and would adequately address the unsafe condition. However, 
operators are always permitted to perform the actions earlier than the 
compliance time specified in an AD. No change to the final rule is 
necessary in this regard.

Request To Extend Compliance Time

    One commenter asks that the compliance time specified in the 
supplemental NPRM be extended from 18 months to 24 months or at the 
next C-check, whichever is later. The commenter states it has reworked 
four of its airplanes and submits the following supporting data:
    [sbull] No signs of corrosion or seizure of bearings was present.
    [sbull] Currently, limited quantities of compliant spares exist in 
industry.
    [sbull] Costs and turnaround times far exceed the supplemental NPRM 
estimates.
    Paragraph (a) of the supplemental NPRM specifies an 18-month 
compliance period to replace the aileron control quadrant with a 
modified unit. The commenter does not have ``in house'' capabilities to 
accomplish the retrofit of the aileron quadrants, nor is its machine 
shop utilized for heavy maintenance. Therefore, the quadrants must be 
sent to Boeing for modification and/or repair, which exceeds the 
specified turnaround time and costs.
    We do not agree with the commenter's request to extend the 
compliance time to 24 months or the next C-check, whichever is later. 
With regard to parts availability, as stated above, we find that an 18-
month compliance time will be adequate for a sufficient quantity of 
parts to be available. With regard to extending the compliance time to 
allow the replacement to be accomplished at a C-check, we have already 
considered factors such as operators' maintenance schedules in setting 
a compliance time for the required replacement and determined that 18 
months is an appropriate compliance time in which the replacement may 
be accomplished during scheduled airplane maintenance for the majority 
of affected operators. Since maintenance schedules vary from operator 
to operator, it would not be possible to guarantee that all affected 
airplanes could be modified during scheduled maintenance, even with a 
compliance time of 24 months. In any event, we find that 18 months 
represents the maximum time wherein the affected airplanes may continue 
to operate without compromising safety. No change to the final rule is 
necessary in this regard.

Alternate Method of Compliance

    One commenter asks that, as an alternate method of compliance to 
the required roller swage installation procedures done during the 
specified replacement, operators be allowed to stake the subject 
bearings per the Boeing Standard Overhaul Practices Manual (SOPM), 
Chapter 20-50-03.
    We infer that the commenter requests this alternate method because 
it's easier to do; however, we do not agree with the commenter that the 
suggested alternative method of staking the bearings per the SOPM, 
instead of doing the roller swage installation procedures, can be done. 
The replacement bearings and the bearing lugs of the aileron control 
quadrant are specifically designed for roller swaging, not bearing 
staking. No change to the final rule is necessary in this regard.

Request To Change Cost Impact Section

    One commenter asks that the Cost Impact section in the supplemental 
NPRM be changed. In addition to the supporting information provided in 
the Request To Extend Compliance Time section discussed previously, the 
commenter adds that two of the four aileron quadrant assemblies on its 
airplanes were damaged during the removal process. As a result of this 
damage, the assemblies were sent to Boeing for repair, at a cost of 
$2,816.67, with an estimated turnaround time of 45 days. Boeing 
indicated that the damage caused is common to this type of bearing 
housing when removed. Two new units were purchased by the commenter to 
replace the damaged units at a cost of approximately $13,000.00 per 
unit. The commenter notes that this cost is not specified in the 
referenced service bulletin, and adds that the supplemental NPRM should 
be re-evaluated for costs and work hours necessary for the replacement.
    We have investigated the commenter's concerns regarding the cost 
information specified in the supplemental NPRM, and we do not agree 
with the request to re-evaluate the costs and work hours necessary for 
the replacement specified in the Cost Impact section of the 
supplemental NPRM. The Cost Impact section only includes the ``direct'' 
costs of the specific actions required, not costs associated with 
repair of parts damaged while performing the actions, costs of new 
parts to replace the damaged parts, or costs associated with the 
turnaround time for the repair. Such costs would be required regardless 
of AD direction, to correct an unsafe condition identified in an 
airplane and to ensure the airworthiness of that airplane, as required 
by the Federal Aviation Regulations. No change to the Cost Impact 
section in the final rule is necessary.

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 as proposed.

Changes to 14 CFR Part 39/Effect on the 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 FAA's airworthiness 
directives system. The regulation now includes material

[[Page 44199]]

that relates to altered products, special flight permits, and 
alternative methods of compliance. However, for clarity and consistency 
in this final rule, we have retained the language of the supplemental 
NPRM regarding that material.

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 
will be affected by this AD, that it will take approximately 10 work 
hours per airplane to accomplish the actions, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$146 per airplane. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $330,478, or $746 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-15-03 Boeing: Amendment 39-13245. 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-27A0175, dated October 25, 2001. 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

    (f) This amendment becomes effective on September 2, 2003.

    Issued in Renton, Washington, on July 17, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-18787 Filed 7-25-03; 8:45 am]
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