[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Rules and Regulations]
[Pages 23644-23646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9590]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-198-AD; Amendment 39-13600; AD 2004-09-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767-200, -300, and -300F series 
airplanes, that requires performing, for both main landing gear (MLG), 
gap measurements of the upper and lower joint gaps; an ultrasonic 
inspection of the outer cylinder of the MLG for cracks between the 
downlock fitting attach lugs; and follow-on and corrective actions if 
necessary. This action is necessary to detect and correct cracks in the 
outer cylinder of the MLG, which could result in collapsed MLG and 
consequent reduced controllability of the airplane during takeoff and 
landing. This action is intended to address the identified unsafe 
condition.

DATES: Effective June 4, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 4, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, 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 December 5, 2003 (68 FR 67973). That action proposed to require 
performing, for both main landing gear (MLG), gap measurements of the 
upper and lower joint gaps; an ultrasonic inspection of the outer 
cylinder of the MLG for cracks between the downlock fitting attach 
lugs; and follow-on and corrective actions if necessary.

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.

Request To Add Overhaul/Replacement Option

    One commenter requests that an option for overhaul or replacement 
be added to paragraph (b) of the proposed AD. The commenter notes that 
paragraph (b) of the proposed AD only states to do a gap measurement 
and inspection per Part 1 of the service bulletin and does not give 
operators an option to do the overhaul or replacement per Part 2 of the 
service bulletin. The commenter contends that overhauled or new outer 
cylinders would have been adequately inspected prior to installation, 
and the identified unsafe condition would have been detected and 
corrected.
    The FAA agrees with the commenter that an option to do the 
inspection should be added allowing operators to replace the outer 
cylinder of the main landing gear with a new or overhauled outer 
cylinder. New or overhauled outer cylinders would have been inspected 
prior to the installation, and the identified unsafe condition would 
have been detected and corrected. We have revised paragraph (b) of the 
final rule and added paragraph (b)(2) to the final rule to give 
operators an option to ``Replace the outer cylinder of the main landing 
gear with a new or overhauled outer cylinder per Part 2 of the service 
bulletin.''

Request To Refer to Component Maintenance Manual (CMM)

    One commenter requests that the reference in paragraph (e) of the 
proposed AD be changed from the ``service bulletin'' to ``CMM 32-11-
40.'' The commenter notes that the service bulletin does not contain 
the repair limits; the service bulletin refers to CMM 32-11-40 for 
repair limits. The commenter concludes that it may be more correct to 
refer CMM 32-11-40 for repair limits.
    We do not agree with the commenter's request to change the 
reference in paragraph (e) of the proposed AD to CMM 32-11-40. 
Paragraph (e) of the proposed AD states, ``* * * the repair limits 
specified in the service bulletin,'' and the service bulletin specifies 
the repair limits in CMM 32-11-40. Therefore, the repair limits are 
adequately defined by the wording in the AD. No change to the final 
rule is necessary in this regard.

Request To Revise ``Parts Installation'' Paragraph (g) of the Proposed 
AD

    One commenter requests that we revise ``Parts Installation'' 
paragraph (g) of the proposed AD to allow operators to install outer 
cylinders that have been inspected internally during overhaul. The 
commenter contends that overhauled outer cylinders would have been 
inspected prior to installation, and the identified unsafe condition 
would have been detected and corrected. The commenter recommends 
revising paragraph (g) of the proposed AD to ``As of the effective date 
of this AD, no person may install a MLG on any airplane, unless the 
outer cylinder of the MLG has been inspected internally during 
overhaul, or externally per Boeing Service Bulletin 767-32A0196, 
Revision 2, and follow-on and corrective actions have been accomplished 
per Boeing Service Bulletin 767-32A0196, Revision 2, dated May 15, 
2003.''

[[Page 23645]]

    We agree with the commenter that ``Parts Installation'' paragraph 
(g) of the proposed AD should be revised. However, we do not agree with 
the commenter's suggestion to add the phrase ``* * * internally during 
overhaul, or externally per Boeing Service Bulletin 767-32A0196, 
Revision 2,'' to paragraph (g) of the proposed AD. Operators may not 
receive inspection paperwork for overhauled outer cylinders so it may 
be difficult for operators to show compliance for outer cylinders 
``inspected internally during overhaul.'' We do agree with the 
commenter that overhauled outer cylinders would not have the identified 
unsafe condition. In addition, new outer cylinders would also not have 
the identified unsafe condition. Accordingly, we have revised ``Parts 
Installation'' paragraph (g) of the final rule by adding ``or unless 
the outer cylinder is new; or unless the outer cylinder has not been 
installed on any airplane since its last overhaul.''

Request To Clarify Details for Gap Measurements

    One commenter requests that the details for gap measurements be 
clarified by revising paragraph (b) of the proposed AD to ``* * * do a 
gap measurement on the upper and lower attach bolts for both drag and 
side strut downlock fittings in accordance with Figure 1 of Boeing 
Service Bulletin 767-32A0196 * * *.'' The commenter notes that the 
service bulletin specifies that two sets of gap measurements be taken 
for the side and drag strut downlock fittings.
    We do not agree with the commenter's request to clarify the details 
for gap measurements. The wording in the proposed AD is taken from the 
steps in Figure 1 of the service bulletin and the actions are to be 
done ``per Part 1 of the service bulletin.'' Part 1 of the service 
bulletin contains drawings and notes that show the details for the gap 
measurements. Therefore, there is not a need for a greater level of 
detail in the final rule.

Request To Add Text Showing That Gap Measurements Provide Data 
Supporting the Inspection and That the Manufacturer Can Be Contacted

    One commenter requests text be added to the proposed AD that shows 
gap measurements can be used to provide data to support the inspection 
and that the manufacturer may be contacted to interpret the gap 
measurement results.
    We do not agree with the commenter's request to add text to show 
gap measurements can be used to provide data to support the inspection 
and that the manufacturer may be contacted. Contacting the manufacturer 
for assistance with the inspection is not a mandatory action and, 
therefore, is not included in the proposed AD. The service bulletin 
does state that if operators contact the manufacturer, the manufacturer 
needs the gap measurement data. There is no need to restate this fact 
in the proposed AD. Operators should have gap measurement data 
available if needed, as paragraph (b) of the proposed AD requires 
operators to take gap measurements. No change is necessary to the final 
rule.

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.

Cost Impact

    There are approximately 833 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 353 airplanes of U.S. registry 
will be affected by this AD, that it would take approximately 16 work 
hours per airplane to accomplish the required gap measurement and 
inspection, and that the average labor rate is $65 per work hour. Based 
on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $367,120, or $1,040 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 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. Manufacturer warranty remedies may be available 
for labor costs associated with this AD. As a result, the costs 
attributable to the AD may be less than stated above.

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:

2004-09-11 Boeing: Amendment 39-13600. Docket 2002-NM-198-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes, 
line numbers 1 through 883 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracks in the outer cylinder of the main 
landing gear (MLG), which could result in collapsed MLG and 
consequent reduced controllability of the airplane during takeoff 
and landing, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Service Bulletin 767-32A0196, 
Revision 2, dated May 15, 2003.

[[Page 23646]]

Inspection or Replacement and Corrective Actions

    (b) Within 18 months after the effective date of this AD, for 
both MLG, do the actions in either paragraph (b)(1) or (b)(2) of 
this AD.
    (1) Perform a gap measurement of the upper and lower joint gaps 
(includes measuring and recording upper and lower joint gaps twice); 
and an ultrasonic inspection of the outer cylinder of the main 
landing gear for cracks between the downlock fitting attach lugs, 
per Part 1 of the service bulletin.
    (2) Replace the outer cylinder of the main landing gear with a 
new or overhauled outer cylinder per Part 2 of the service bulletin.
    (c) If no crack is found during the inspection required by 
paragraph (b)(1) of this AD, before further flight, do the 
restoration (includes installing shims as applicable, electrical 
bracket, and cotter pins; and marking the main landing gear) per the 
service bulletin.
    (d) If any crack is found during the inspection required by 
paragraph (b)(1) of this AD: Before further flight, overhaul the 
outer cylinder of the MLG or replace the outer cylinder of the MLG 
with an interchangeable outer cylinder per Part 2 of the service 
bulletin, except as provided by paragraph (e) of this AD.
    (e) If any crack is found in the outer cylinder that cannot be 
removed within the repair limits specified in the service bulletin, 
during the overhaul specified in paragraph (d) of this AD, and the 
service bulletin specifies to contact Boeing for appropriate action: 
Before further flight, repair per a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA; or per data 
meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings. For a 
repair method to be approved, the approval must specifically 
reference this AD.

    Note 1: When the outer cylinder is re-installed, attach the 
downlock fittings onto the outer cylinder as specified in the 
applicable Boeing Component Maintenance Manual (CMM), Document 
Number 161T1000, Section 32-11-19, Temporary Revision (TR) 32-61, 
dated March 26, 2002, or Section 32-11-19, pages 712 through 716, 
dated July 1, 2002, or dated July 1, 2003; or CMM Document Number 
161T1000, Section 32-11-20, TR 32-62, dated March 26, 2002, or 
Section 32-11-20, pages 718 through 722, dated July 1, 2002, or 
dated July 1, 2003.

Actions Accomplished Per Previous Issue of Service Bulletin

    (f) Accomplishment of the applicable actions before the 
effective date of this AD per Boeing Alert Service Bulletin 767-
32A0196, dated August 1, 2002; or Boeing Service Bulletin 767-
32A0196, Revision 1, dated September 26, 2002; are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
MLG on any airplane, unless the outer cylinder of the MLG has been 
inspected and follow-on and corrective actions have been 
accomplished per Boeing Service Bulletin 767-32A0196, Revision 2, 
dated May 15, 2003; or unless the outer cylinder is new; or unless 
the outer cylinder has not been installed on any airplane since its 
last overhaul.

Alternative Methods of Compliance

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

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-32A0196, 
Revision 2, dated May 15, 2003. 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 Airplanes, PO 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

    (j) This amendment becomes effective on June 4, 2004.

    Issued in Renton, Washington, on April 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9590 Filed 4-29-04; 8:45 am]
BILLING CODE 4910-13-P