[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48131-48133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17982]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-83-AD; Amendment 39-13767; AD 2004-16-11]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757 and 767 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 757 and 767 series airplanes, that 
requires inspection to determine the serial number of the hydraulic 
pump in the ram air turbine (RAT), and corrective action if necessary. 
This action is necessary to prevent a cracked hanger arm of the 
hydraulic pump of the RAT that can fracture under load and lead to 
failure of the RAT to provide hydraulic power to the primary flight 
control system during an emergency when both engines have failed. Loss 
of hydraulic power to the primary flight controls could result in loss 
of control of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective September 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 13, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Kenneth Frey, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6468; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal

[[Page 48132]]

Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 757 and 767 
series airplanes was published in the Federal Register on February 6, 
2004 (69 FR 5785). That action proposed to require inspection to 
determine the serial number of the hydraulic pump in the ram air 
turbine (RAT), and corrective action 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.

Supportive Comments

    Two commenters support the proposed AD.

Request To Allow Review of Maintenance Records

    Two commenters request that the FAA revise the proposed AD to allow 
a records search to verify the serial number of a hydraulic pump. One 
commenter states that using paper/computer component and aircraft 
installed records for verification would avoid the unnecessary 
replacement of RAT hydraulic pumps that might be missing data plates. 
The other commenter states that while complying with Boeing Special 
Attention Service Bulletin 757-29-0060, dated September 12, 2002; 
Boeing Special Attention Service Bulletin 757-29-0061, dated September 
12, 2002; and Parker Service Bulletin 6513902-29-305, dated November 
30, 2001, an operator ``* * * controlled its RAT hydraulic pump systems 
ensuring configuration control that prevents the installation of 
affected, non-reworked [s]erial [n]umbers,'' and that ``[a] maintenance 
records review will avoid the duplication of previously accomplished 
[s]erial [n]umber inspections.'' The same commenter also asserts that 
if an operator tracks the installed RAT hydraulic pump by serial 
number, that operator should be allowed to use its maintenance records 
to show compliance with the proposed AD.
    We agree and have added a new statement to paragraph (b) of this 
AD, which allows review of airplane maintenance records, instead of an 
inspection, if the serial number of the hydraulic pump can be 
positively determined from that review.

Request To Include Manufacturer/Installation Dates of Hangar Arms

    Two commenters request that we ``include the manufacture dates of 
the discrepant hangar arms and/or installation dates of the hydraulic 
pump arms.'' One commenter assumes that since Parker Service Bulletin 
6513902-29-305 was issued in November of 2001, the discrepant hanger 
arms were manufactured close to this date. The same commenter also 
states that 37 of its 41 RAT installations were installed on-wing prior 
to 1996, with 29 units being the original installations since delivery 
from the airplane manufacturer. Furthermore, the commenter asserts 
that, should the ``discrepant unit dates'' be included in the proposed 
AD, a large portion of its RAT installations might be exempt, since it 
could eliminate RAT hydraulic pump components and aircraft 
installations that have been in its system prior to those dates. The 
other commenter asserts that including the manufacture/installation 
date range for the affected parts would narrow the scope of the 
proposed AD and help minimize the impact of the proposed AD on 
operators, while maintaining an equivalent level of safety.
    We do not agree with the request to include the manufacture and/or 
installation dates of the discrepant hangar arms for the affected 
hydraulic pumps. We find that it is unnecessary to include either of 
these dates for the hangar arms, since the Parker service bulletin 
identifies the serial numbers of the affected hydraulic pumps. These 
serial numbers are unique to the affected hydraulic pumps and are known 
to contain the discrepant hangar arms. Therefore, no change is needed 
to this AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have 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 1,851 airplanes of the affected design in 
the worldwide fleet. We estimate that 1,038 airplanes of U.S. registry 
will be affected by this AD.
    We estimate it will take approximately 1 work hour per airplane to 
accomplish the required inspection, and that the average labor rate is 
$65 per work hour. Based on these figures, the cost impact of the 
inspection on U.S. operators is estimated to be $67,470, or $65 per 
airplane.
    We also estimate that it will take approximately 4 work hours per 
airplane (affecting approximately 154 airplanes) to accomplish the 
replacement of the hydraulic pump, if required, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the replacement on U.S. operators is estimated to be $260 per 
airplane.
    We also estimate that it will take approximately 5 work hours per 
airplane (affecting approximately 154 airplanes) to accomplish the 
rework and reidentification of the hydraulic pump, if required, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the rework and reidentification on U.S. 
operators is estimated to be $325 per airplane.
    The cost impact figures discussed above are 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. The manufacturer may cover the cost of 
replacement parts associated with this AD, subject to warranty 
conditions. 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

[[Page 48133]]

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:

2004-16-11 Boeing: Amendment 39-13767. Docket 2003-NM-83-AD.

    Applicability: Model 757-200, -200CB, -200PF, and -300 series 
airplanes, line numbers 1 through 998 inclusive; and Model 767-200, 
-300, -300F, and -400ER series airplanes, line numbers 1 through 869 
inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a cracked hanger arm of the hydraulic pump of the ram 
air turbine (RAT) that can fracture under load and lead to failure 
of the RAT to provide hydraulic power to the primary flight control 
system during an emergency when both engines have failed, which 
could result in loss of hydraulic power to the primary flight 
controls and consequent loss of control of the airplane; accomplish 
the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins in 
Table 1 of this AD, as applicable:

                                           Table 1.--Service Bulletins
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                Model                         Service bulletin                           Date
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Model 757-200, -200CB, and -200PF      Boeing Special Attention       September 12, 2002.
 series airplanes.                      Service Bulletin 757-29-0060.
Model 757-300 series airplanes.......  Boeing Special Attention       September 12, 2002.
                                        Service Bulletin 757-29-0061.
Model 767-200, -300 and -300F series   Boeing Special Attention       September 12, 2002.
 airplanes.                             Service Bulletin 767-29-0103.
Model 767-400ER series airplanes.....  Boeing Special Attention       September 12, 2002.
                                        Service Bulletin 767-29-0106.
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    Note 1: These service bulletins refer to Parker Service Bulletin 
6513902-29-305, dated November 30, 2001, as an additional source of 
service information for the list of affected hydraulic pump serial 
numbers and for accomplishment of the reworking and reidentifying of 
the existing hydraulic pump for Model 757 and 767 series airplanes.

Inspection of Serial Number

    (b) Within 36 months after the effective date of this AD, do an 
inspection to determine the serial number of the hydraulic pump in 
the RAT, per the service bulletin. Instead of inspecting the 
hydraulic pump in the RAT, a review of airplane maintenance records 
is acceptable if the serial number of the hydraulic pump can be 
positively determined from that review.

Corrective Actions

    (c) If the hydraulic pump is found to have an affected serial 
number during the inspection or review of airplane maintenance 
records required by paragraph (b) of this AD, within 36 months after 
the effective date of this AD, do the corrective action(s) in either 
paragraph (c)(1) or (c)(2) of this AD.
    (1) Replace the hydraulic pump with a serviceable hydraulic pump 
that is outside the range of the affected serial numbers, per the 
service bulletin.
    (2) Rework and reidentify the hydraulic pump, per the service 
bulletin.

Part Installation

    (d) As of the effective date of this AD, no person shall install 
on any airplane a RAT hydraulic pump, Parker part number (P/N) 
65139-02 or Hamilton Sunstrand P/N 5903420, with an affected serial 
number as listed in Parker Service Bulletin 6513902-29-305, dated 
November 30, 2001, unless it has been modified per paragraph (c)(2) 
of this AD.

Alternative Methods of Compliance

    (e) 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the applicable service bulletin listed in 
Table 2 of this AD:

              Table 2.--Material Incorporated by Reference
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             Service bulletin                           Date
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Boeing Special Attention Service Bulletin   September 12, 2002.
 757-29-0060.
Boeing Special Attention Service Bulletin   September 12, 2002.
 757-29-0061.
Boeing Special Attention Service Bulletin   September 12, 2002.
 767-29-0103.
Boeing Special Attention Service Bulletin   September 12, 2002.
 767-29-0106.
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    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, 
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 National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (g) This amendment becomes effective on September 13, 2004.

    Issued in Renton, Washington, on July 29, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17982 Filed 8-6-04; 8:45 am]
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