[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1511-1513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-122]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-152-AD; Amendment 39-13415; AD 2004-01-02]
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 767-200, -300, and -300F series 
airplanes. This action requires 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: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.

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: Suzanne Masterson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6441; 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 767-200, -
300, and -300F series airplanes was published in the Federal Register 
on July 9, 2003 (68 FR 40834). That action proposed to require 
modification of the aft pitch load fitting of the diagonal brace of the 
nacelle strut of each wing.

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.

Extend Compliance Time

    One commenter requests that the proposed compliance time for the 
modification be extended from 18 months to ``18 months or the first 4C 
check, whichever is later.'' The commenter states that this extended 
compliance time would allow the modification to be accomplished during 
the time of a regularly scheduled heavy maintenance visit. The 
commenter considers that the proposed compliance time of 18 months 
would require operators to take each airplane out of service for four 
to seven days to accomplish the required modification, which would 
impose a major disruption on the commenter's operations.
    The FAA partially agrees with the commenter's request to extend the 
compliance time for the modification. We cannot use indefinite or non-
specific intervals, such as ``first 4C check.'' Since maintenance 
schedules vary from operator to operator, there can be no assurance 
that the action will be accomplished within the time frame for safe 
operation of the airplane. However, we do agree to extend the 
compliance time from 18 months to 24 months. Our original intent was to 
allow the modification to be accomplished at a regularly scheduled 
heavy maintenance visit. Extending the compliance time by six months 
will not adversely affect safety, and will allow the modification to be 
performed during the regularly scheduled heavy maintenance visits. 
Paragraph (a) of the final rule has been revised to specify a 
compliance time of 24 months.

Allow for Alternate Sealants

    One commenter requests that the proposed AD indicate whether 
alternate sealants (alternate specifications) are allowed, per Section 
51-20-05, Figure 8, dated August 15, 2002, of the Boeing 767-200, 767-
300, and 767-300F Structural Repair Manuals. The commenter's intent is 
to prevent future requests for alternative methods of compliance 
(AMOC).
    We infer that the operator would like to use an alternate sealant 
when accomplishing the required modification. We agree with the

[[Page 1512]]

commenter's request. We have changed the final rule to allow alternate 
sealants.

Provide Instructions for Measuring Bushings

    One commenter requests that the proposed AD contain instructions to 
operators for measuring the inside diameter of an affected bushing to 
ensure that it is oversized and requires replacement.
    We infer that the commenter does not wish to replace a bushing 
unless it is necessary. The manufacturer has informed us that 100% of 
airplanes affected by this AD were manufactured with the wrong bushing 
internal diameter due to an error on the production drawing. Therefore, 
all bushings are oversized and measurement instructions are 
unnecessary. We have not changed the final rule regarding this issue.

Incorporate Information Notices in the Proposed AD

    One commenter requests that the proposed AD be revised to 
incorporate two information notices (IN) that have been released 
relating to the proposed action since the original release of Boeing 
Alert Service Bulletin 767-54A0102, dated November 8, 2001, (which is 
referenced in the proposed AD as the appropriate source of service 
information for the required actions). The commenter states that the 
FAA has not yet reviewed and approved these Information Notices.
    We concur with the commenter's request to revise the final rule as 
it relates to the two INs. We have reviewed and approved the two 
notices: Boeing Information Notice 767-54A0102 IN 01, dated July 18, 
2002, which clarifies how to gain access to the affected area; and 
Boeing Information Notice 767-54A0102 IN 02, dated August 29, 2002, 
which clarifies the existing part number of the aft pitch load fitting 
prior to performing the required modification. Neither of these INs 
increases or decreases the scope of the work required by the AD. 
However, if the INs are incorporated into a new revision of the service 
bulletin we will consider approving the bulletin as an AMOC. We have 
changed the final rule to incorporate the two INs.

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.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

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 required actions (includes 
access and close-up), and that the average labor rate is $65 per work 
hour. Required parts will cost approximately $5,256 per airplane. Based 
on these figures, the cost impact of the actions required by this AD on 
U.S. operators is estimated to be $330,432, or $10,326 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:

2004-01-02 Boeing: Amendment 39-13415. 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 24 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. Clarifications to the work required 
by this paragraph may be used per Boeing Information Notice 767-
54A0102 IN 01, dated July 18, 2002; and per Boeing Information 
Notice 767-54A0102 IN 02, dated August 29, 2002. Alternate sealants 
are allowed when accomplishing the actions required by paragraphs 
3.A. through 3.J. of the service bulletin, per Section 51-20-05,

[[Page 1513]]

Figure 8, dated August 15, 2002, of the Boeing 767-200, 767-300, and 
767-300F Structural Repair Manuals. 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 (AMOCs) for this AD.

Incorporation by Reference

    (c) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 767-54A0102, 
dated November 8, 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

    (d) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-122 Filed 1-8-04; 8:45 am]
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