[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Proposed Rules]
[Pages 75270-75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27504]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19866; Directorate Identifier 2004-NM-25-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-200, -300, and -300F series airplanes. 
This proposed AD would require verifying the part and serial numbers of 
certain main landing gear (MLG) bogie beam pivot pins; replacing those 
pivot pins with new or overhauled pivot pins if necessary; and 
ultimately replacing all pivot pins with new, improved pivot pins. This 
proposed AD is prompted by reports indicating that numerous fractures 
of the MLG bogie beam pivot pin have been found and that some pivot 
pins may have had improper rework during manufacture. We are proposing 
this AD to prevent fracture of the MLG bogie beam pivot pin, which 
could lead to possible loss of the MLG truck during takeoff or landing 
and consequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by January 31, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

[[Page 75271]]

    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2004-19866; the directorate identifier for this docket is 
2004-NM-25-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19866; 
Directorate Identifier 2004-NM-25-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    We have received reports indicating that numerous fractures of the 
main landing gear (MLG) bogie beam pivot pin have been found on certain 
Boeing Model 767-200 and -300 series airplanes. In four cases, a 
portion of the pin and the uplock fitting departed the airplane. The 
airplane manufacturer determined that the fractures are probably due to 
cracks initiating in areas of heat damage and propagating due to 
fatigue. Also, one supplier of pivot pins to the airplane manufacturer 
has reported that some pivot pins may have had improper rework during 
manufacture, which could have caused heat damage, cracks, or other 
defects. Fracture of the pivot pin, if not corrected, could lead to 
possible loss of the MLG truck during takeoff or landing and consequent 
loss of control of the airplane.
    The MLG on certain Model 767-300F series airplanes is identical to 
that on the affected Model 767-200 and -300 series airplanes. 
Therefore, certain Model 767-300F series airplanes may be subject to 
the same unsafe condition revealed on the Model 767-200 and -300 series 
airplanes.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-32A0202, dated 
July 22, 2004. The service bulletin describes procedures for a check of 
the part numbers and serial numbers of certain MLG bogie beam pivot 
pins and replacing discrepant pivot pins with new pins or overhauled 
pins that include a chrome plate strip as part of the pin overhaul, and 
for reporting the inspection results and numbers of suspect pivot pins 
to Boeing.
    We have also reviewed Boeing Service Bulletin 767-32A0199, Revision 
1, dated July 22, 2004. The service bulletin describes procedures for 
replacing the MLG bogie beam pivot pin with a new, improved pivot pin. 
The service bulletin specifies a compliance time for these actions of 
6-10 years since the pivot pin was new or overhauled (depending upon 
airplane group), or 18 months after the original issue date of the 
service bulletin, whichever occurs later.
    Accomplishing the actions in Service Bulletin 767-32A0199, Revision 
1, eliminates the need to do the actions in Service Bulletin 767-
32A0202.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require replacement of the MLG bogie beam pivot pin with a new, 
improved pivot pin. The proposed AD would require you to use the 
service information described previously to perform these actions, 
except as discussed under ``Difference Between the Proposed AD and 
Service Bulletins.'' The proposed AD would also require sending the 
inspection results to the manufacturer.

Difference Between the Proposed AD and Service Bulletins

    The referenced service bulletins specify compliance times relative 
to the date of the original issue of the service bulletins; however, 
this proposed AD would require compliance times relative to the 
effective date of the AD.

Costs of Compliance

    This proposed AD would affect about 374 airplanes of U.S. registry 
and 857 airplanes worldwide.
    The proposed inspection would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the proposed inspection for U.S. operators is 
$55,705, or $65 per airplane.

[[Page 75272]]

    The proposed pin replacement would take about 12 work hours per 
airplane, at an average labor rate of $65 per work hour. Required parts 
would cost about $35,134 per airplane. Based on these figures, the 
estimated cost of the proposed pin replacement for U.S. operators is 
$13,431,836 or $35,914 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safety flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
proposed AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2004-19866; Directorate Identifier 2004-NM-
25-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by January 31, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category, as specified in 
Boeing Alert Service Bulletin 767-32A0202, and Boeing Alert Service 
Bulletin 767-32A0199, Revision 1, both dated July 22, 2004.

Unsafe Condition

    (d) This AD was prompted by reports indicating that numerous 
fractures of the main landing gear (MLG) bogie beam pivot pin have 
been found and that some pivot pins may have had improper rework 
during manufacture. We are issuing this AD to prevent fracture of 
the MLG bogie beam pivot pin, which could lead to possible loss of 
the MLG truck during takeoff or landing and consequent loss of 
control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Pin Inspection, Short-Term Replacement, and Discrepancy Reporting

    (f) Within 6 months after the effective date of this AD, do an 
inspection of the part and serial numbers of the MLG bogie beam 
pivot pin in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-32A0202, dated July 22, 2004.
    (1) If the serial number of the pivot pin contains the letters 
``MA'' or ``MAM'', no further action is required by this paragraph.
    (2) If any pivot pin has a part and serial number as listed in 
figure 1 of the service bulletin, prior to further flight, remove 
and overhaul the pivot pin, or replace it with a new pivot pin or an 
overhauled pivot pin that includes a chrome plate strip as part of 
the pin overhaul; in accordance with the service bulletin.
    (g) If any pivot pin has a part and serial number as listed in 
figure 1 of the service bulletin, submit a report of the inspection 
required by paragraph (f) of this AD to the Manager, Airline 
Support, Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, at the applicable time specified in paragraph 
(g)(1) or (g)(2) of this AD. The report must include the part and 
serial number of the pivot pin, a description of any discrepancies 
found, the airplane serial number, and the number of landings and 
flight hours on the airplane. Under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office of 
Management and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Final Pin Replacement

    (h) Replace any MLG bogie beam pivot pin having part number (P/
N) 161T1145-2, -3, or -4, with a new, improved pivot pin having P/N 
161T1145-5, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-32A0199, Revision 1, dated July 
22, 2004. Do the replacement within the applicable compliance times 
specified in paragraph 1.E., ``Compliance,'' of the service 
bulletin; except, where the service bulletin specifies a compliance 
time after the original issue date of the service bulletin, this AD 
specifies compliance time after the effective date of this AD.
    (i) Airplanes on which the replacement required by paragraph (h) 
of this AD is performed within the compliance time specified in 
paragraph (f) of this AD are not required to accomplish the 
inspection required by paragraph (f).

Final Pin Replacement per Previous Issue of Service Bulletin

    (j) Replacing any pivot pin before the effective date of this AD 
in accordance with Boeing Alert Service Bulletin 767-32A0199, dated 
April 8, 2004, is considered acceptable for compliance with the 
corresponding action specified in this AD.

Part Installation

    (k) As of the effective date of this AD, no person may install 
on any airplane a MLG bogie beam pivot pin having part number (P/N) 
161T1145-2, -3, or -4, except in accordance with paragraph (f)(2) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19.
    (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

[[Page 75273]]

Representative who has been authorized by the Manager, Seattle ACO, 
to make such findings.

    Issued in Renton, Washington, on December 6, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27504 Filed 12-15-04; 8:45 am]
BILLING CODE 4910-13-P