[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1178-1180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-108]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-186-AD; Amendment 39-13918; AD 2004-26-06]
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: Final rule.

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SUMMARY: This amendment adopts 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 AD requires 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. 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: Effective February 10, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 10, 2005.

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: 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 767-300 and 
767-300F series airplanes equipped with General Electric or Pratt & 
Whitney engines was published in the Federal Register on April 1, 2004 
(69 FR 17080). That action proposed to 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, that proposal would require replacing 
the bushings of the aft pitch load fittings, installing new fuse pins, 
and reworking the fittings, as applicable

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 for Credit for Actions Accomplished per Revision 1 of the 
Service Bulletin

    Two commenters, the manufacturer and one operator, request that the 
FAA give credit for actions accomplished in accordance with Boeing 
Alert Service Bulletin 767-54A0096, Revision 1, dated July 12, 2001. 
The commenters indicate that the proposed AD references Boeing Alert 
Service Bulletin 767-54A0096, Revision 2, dated December 18, 2003, as 
the appropriate source of information, and point out that Revision 2 
states that no more work is necessary on airplanes modified in 
accordance with Revision 1.
    We do not agree with the commenters' request. The statement in 
Revision 2 of the service bulletin that ``No more work is necessary on 
airplanes changed as shown in Revision 1 of this service bulletin,'' is 
incorrect. Revision 2 of the service bulletin revises, among other 
changes, the bushing swage lip dimension in Figures 3 and 6 of Revision 
1 of the service bulletin. Therefore, we have determined that 
accomplishing the rework specified in Revision 1 does not adequately 
address the identified unsafe condition.
    In addition, since we issued the proposed AD, Boeing has issued and 
we have reviewed Service Bulletin Information Notice (IN) 767-54A0096 
IN 03, dated April 15, 2004, which corrects an additional dimension 
(i.e., the bushing swage groove radius dimension) in Figures 3 and 6 of 
Revision 2. We have reworded paragraphs (a) and (b) of this AD to

[[Page 1179]]

address that IN. After the effective date of this AD, no operator can 
be in compliance with the requirements of this AD without accomplishing 
the requirements of Revision 2 of the service bulletin as modified by 
the IN. However, an operator may request approval of an alternative 
method of compliance (AMOC) for the requirements of this AD as 
specified in paragraph (c) of this AD. The operator must submit 
supporting data showing that the unsafe condition of the airplane will 
be properly addressed.

Request To Change the Compliance Grace Period

    A third commenter, another operator, requests that the compliance 
grace period be changed from 18 months to 24 months. The operator 
states that a prior AD regarding a condition with similar structural 
elements and failure mode in Boeing Model 767-300 and 767-300F series 
airplanes allows a compliance time of 24 months. The operator states 
this will allow modification of airplanes during regularly scheduled 
heavy maintenance visits and will eliminate added costs for special 
scheduling.
    We agree. Our original intent was to allow the modification to be 
accomplished at a regularly scheduled heavy maintenance visit, and we 
are aware that such schedules vary from operator to operator. We have 
determined that extending the compliance time by 6 months will not 
adversely affect safety and have modified paragraphs (a)(2) and (b) of 
this final rule accordingly.

Request To Clarify Service Bulletin Requirement for Removing Engine and 
Strut

    The same commenter requests that the proposed AD be changed 
regarding the service bulletin reference to Boeing 767 Airplane 
Maintenance Manual (AMM) Subject 54-51-01. The commenter states that 
AMM Subject 54-51-01 requires removal of the engine and strut to remove 
the diagonal brace while AMM Subject 54-51-05 does not. The commenter 
states that the modification required by the proposed AD can be 
accomplished by following AMM Subject 54-51-05 and asks that the AD be 
changed to permit AMM Subject 54-51-05 to be used.
    We have reviewed both AMM procedures and have determined that the 
procedure in AMM Subject 54-51-05 is an acceptable alternative to the 
procedure in Subject AMM 54-51-01. We have changed paragraphs (a) and 
(b) of the final rule to state that either AMM Subject 54-51-05 or AMM 
Subject 54-51-01 may be used to accomplish the requirements of the 
final rule.

Request To Include Pending Revision of Service Bulletin

    The same commenter requests that the proposed AD be revised to 
incorporate the pending Revision 3 of Boeing Service Bulletin 767-
54A0096 or to have Revision 3 designated as an AMOC to this proposed 
AD. The commenter states that the manufacturer indicates that 
discrepancies noted in this and previous comments and in the previously 
referenced IN will be incorporated in Revision 3. The commenter 
suggests this will clarify any unclear or illogical sequence of work 
steps appearing in Revision 2 of the service bulletin.
    We do not agree. Considering the urgency of the unsafe condition, 
we will not hold an AD for a prolonged period until a new revision of a 
service bulletin has been released. We also cannot designate in the AD 
that the new revision is an AMOC. However, when the new revision of the 
service bulletin has been released, we will review it and consider 
approving it as an AMOC. We have not changed the final rule in this 
regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have 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 92 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 53 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately between 14 
and 24 work hours per airplane to accomplish the required actions, and 
that the average labor rate is $65 per work hour. Required parts will 
cost approximately $18,704 per airplane. Based on these figures, the 
cost impact of this 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 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.

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 AD.

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.

[[Page 1180]]

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:

2004-26-06 Boeing: Amendment 39-13918. 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, as 
modified by Boeing Service Bulletin Information Notice 767-54A0096 
IN 03, dated April 15, 2004. Where the service bulletin directs that 
the Boeing 767 Airplane Maintenance Manual (AMM) Subject 54-51-01 
must be used, either AMM Subject 54-51-01 or AMM Subject 54-51-05 
may be used. 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 original Export Certificate of 
Airworthiness, whichever occurs first.
    (2) Within 24 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 in accordance with the original issue 
of Boeing Service Bulletin 767-54-0096, dated August 31, 2000: 
Within 24 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 Work Instructions Additional Work section of 
Boeing Alert Service Bulletin 767-54A0096, Revision 2, dated 
December 18, 2003, as modified by Boeing Service Bulletin 
Information Notice 767-54A0096 IN 03, dated April 15, 2004. Where 
the service bulletin directs that the Boeing 767 AMM Subject 54-51-
01 must be used, either AMM Subject 54-51-01 or AMM Subject 54-51-05 
may be used.

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-54A0096, Revision 2, December 18, 2003, as 
modified by Boeing Service Bulletin Information Notice 767-54A0096 
IN 03, dated April 15, 2004. 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 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.

Effective Date

    (e) This amendment becomes effective on February 10, 2005.

    Issued in Renton, Washington, on December 20, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-108 Filed 1-5-05; 8:45 am]
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