[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17080-17081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7286]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-186-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 and 767-300F 
Series Airplanes Equipped With General Electric or Pratt & Whitney 
Engines

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 767-300 and 
767-300F series airplanes equipped with General Electric or Pratt & 
Whitney engines. This proposal would require reworking the wing-to-
strut diagonal braces and the aft pitch load fittings of the wings, and 
reinstalling the diagonal braces with new fuse pins and associated 
hardware. For certain airplanes, this proposal would require replacing 
the bushings of the aft pitch load fittings, installing new fuse pins, 
and reworking the fittings, as applicable. This action is necessary to 
prevent undetected loss of the diagonal brace fuse pins of the wings 
and consequent increased loads in other wing-to-strut joints, which 
could result in separation of the struts and engines from the wings. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by May 17, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-186-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. 2003-NM-186-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 Airplanes, 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, 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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2003-NM-186-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. 2003-NM-186-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report that, following the loss of the upper 
link or midspar load paths, the fuse pin of a wing-to-strut diagonal 
brace of the wing for certain Boeing Model 767-300 and 767-300F series 
airplanes equipped with General Electric or Pratt & Whitney engines 
does not meet the minimum damage tolerance requirements. The fuse pin 
of the diagonal brace showed early fatigue cracks during damage 
tolerance testing. The load path of diagonal braces is part of the 
engine strut-to-wing load path. Early fatigue cracks of the fuse pins 
of the diagonal braces, if not corrected, could lead to loss of the 
fuse pins and consequent increased loads in other wing-to-strut joints, 
which could result in separation of the struts and engines from the 
wings.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-54A0096, Revision 2, dated December 18, 2003. The alert service 
bulletin describes procedures for removing and reworking the wing-to-
strut diagonal braces of the wings, including replacing the end 
fittings of the braces with new fittings; reworking the aft pitch load 
fittings of the wings, including replacing the fitting bushings with 
new bushings; and reinstalling the diagonal braces with new fuse pins 
and associated hardware. For certain airplanes, the alert service 
bulletin describes procedures for replacing the bushings of the aft 
pitch load fittings with new bushings, reworking the aft pitch load 
fittings, and installing new fuse pins.
    Accomplishment of the actions specified in the alert 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

[[Page 17081]]

type design, the proposed AD would require accomplishment of the 
actions specified in the alert service bulletin described previously, 
except as described below.

Differences Between Proposed Rule and Service Bulletin

    Boeing Alert Service Bulletin 767-54A0096, Revision 2, dated 
December 18, 2003, specifies a compliance time of ``within six (6) 
years or 12,000 flight-cycles from the airplane delivery date, 
whichever is first, or if beyond this threshold, within 18 months from 
the issue date of Revision 2 to this service bulletin,'' for the 
proposed removal and rework.
    However, this proposed AD would require accomplishment of the 
proposed removal and rework at the later of the following times:
     Prior to the accumulation of 12,000 total flight 
cycles, or within 6 years after the date of issuance of the original 
Airworthiness Certificate or the Export Certificate of Airworthiness, 
whichever occurs first.
     Within 18 months after the effective date of 
this AD.
    This decision is based on our determination that ``date of 
delivery'' may be interpreted differently by different operators. We 
find that our proposed terminology is generally understood within the 
industry and records will always exist that establish these dates with 
certainty.

Cost Impact

    There are approximately 92 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 53 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
between 14 and 24 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $65 per work hour. Required 
parts would cost approximately $18,704 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be between $1,039,542 and $1,073,992, or between $19,614 
and $20,264 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 the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions. The manufacturer may 
cover the cost of replacement parts associated with this proposed AD, 
subject to warranty conditions. Manufacturer warranty remedies may also 
be available for labor costs associated with this proposed AD. As a 
result, the costs attributable to the proposed AD may be less than 
stated above.

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 2003-NM-186-AD.

    Applicability: Model 767-300 and 767-300F series airplanes, 
equipped with General Electric or Pratt & Whitney engines; as listed 
in Boeing Alert Service Bulletin 767-54A0096, Revision 2, dated 
December 18, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected loss of the diagonal brace fuse pins of 
the wings and consequent increased loads in other wing-to-strut 
joints, which could result in separation of the struts and engines 
from the wings, accomplish the following:

Rework and Reinstallation

    (a) Remove and rework the diagonal braces of the engine 
nacelles/pylons, rework the aft pitch load fittings of the wings, 
and reinstall the diagonal braces with new fuse pins and associated 
hardware by doing all actions specified in steps 3.B.1. through 
3.B.11. inclusive, of the Work Instructions of Boeing Alert Service 
Bulletin 767-54A0096, Revision 2, dated December 18, 2003. Do the 
actions per the service bulletin. Do the actions at the later of the 
times specified in paragraphs (a)(1) and (a)(2) of this AD.
    (1) Prior to the accumulation of 12,000 total flight cycles, or 
within 6 years after the date of issuance of the original 
Airworthiness Certificate or the export Certificate of 
Airworthiness, whichever occurs first.
    (2) Within 18 months after the effective date of this AD.

Additional Work For Airplanes Modified per the Original Issue of the 
Service Bulletin

    (b) For airplanes modified per Boeing Service Bulletin 767-54-
0096, dated August 31, 2000: Within 18 months after the effective 
date of this AD, replace the bushings of the aft pitch load fittings 
of the wings with new bushings, rework the aft pitch load fittings, 
and install new fuse pins, by doing all actions specified in steps 
3.B.1. through 3.B.10. inclusive, of the Additional instructions of 
Boeing Alert Service Bulletin 767-54A0096, Revision 2, dated 
December 18, 2003.

Alternative Methods of Compliance

    (c)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings.

    Issued in Renton, Washington, on March 25, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft certification 
Service.
[FR Doc. 04-7286 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-M