[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Rules and Regulations]
[Pages 74645-74647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24054]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21716; Directorate Identifier 2005-NM-080-AD; 
Amendment 39-14418; AD 2005-25-25]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, and -300F series airplanes. This AD 
requires replacing the aileron control override quadrant with a 
modified unit. This AD results from a report of the seizing of the 
input override mechanism bearings of the lateral central control 
actuator on affected airplanes. We are issuing this AD to prevent 
corrosion of the input override mechanism bearings of the lateral 
central control actuator, which, in the event of a subsequent jam in 
the pilot's aileron control system, could result in failure of the 
aileron override system and consequent reduced lateral controllability 
of the airplane.

DATES: This AD becomes effective January 20, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 20, 
2006.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6487; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
767-200, -300, and -300F series airplanes. That NPRM was published in 
the Federal Register on July 6, 2005 (70 FR 38819). That NPRM proposed 
to require replacing the aileron control override quadrant with a 
modified unit.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the Proposed AD

    Two commenters express support for the proposed AD.

Request To Extend Compliance Time

    One commenter, an airplane operator, requests that the proposed 
compliance time for replacing the aileron control override quadrant be 
extended from 18 months after the effective date of the AD to 21 months 
after the effective date of the AD. The commenter states that the 18-
month compliance time will create undue economic hardship because it's 
``C'' check interval has been extended to 21 months.
    We do not agree with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action we considered the urgency associated with the subject unsafe 
condition, and the practical aspect of accomplishing the required 
modification within a period of time that corresponds to the normal 
scheduled maintenance for most affected operators. Since maintenance 
schedules vary from operator to operator, it is not possible to 
guarantee that all affected airplanes could be modified during 
scheduled maintenance, even if we extended the compliance time to 21 
months. We find that an 18-month compliance time represents the maximum 
time in which the affected airplanes may continue to operate without 
compromising safety. We also note that economic hardship is not 
sufficient rationale for demonstrating that an extended compliance time 
would provide an acceptable level of safety. However, according to the 
provisions of paragraph (h) of the final rule, we may approve requests 
to adjust the compliance time if the request includes data to 
substantiate that the new compliance time would provide an acceptable 
level of safety. No change to the final rule is necessary.

Request To Correct Wording in ``Relevant Service Information'' Section

    One commenter notes that the ``Relevant Service Information'' 
section of the proposed AD should be corrected to state that Revision 1 
of Boeing Alert Service Bulletin 767-27A0175, dated June 3, 2004, 
increased the effectivity rather than Revision 2, of Boeing Service 
Bulletin 767-27A0175, dated August 5, 2004, as is currently stated in 
that section. The commenter points out that Revision 1 of the alert 
service bulletin increased the applicability and that this 
applicability was continued in Revision 2 of the service bulletin.
    We partially agree with the commenter. We agree that the additional 
airplanes (line number 837 through 918) were added to Revision 1 rather 
than Revision 2 of the service bulletin, and we have revised paragraphs 
(f) and (i) of the final rule accordingly. However, since the 
``Relevant Service Information'' section of the preamble does not 
reappear in the final rule, we have not revised that section.

Request To Revise Cost Estimate

    One commenter disagrees with the projected costs to accomplish the 
proposed replacement of the aileron control override quadrant. The 
commenter states that its actual costs to do the replacement have been 
$1,068 per airplane rather than $796, which was the cost proposed in 
the NPRM.
    We infer that the commenter would like the cost estimate to be 
revised to closer reflect its actual costs. We acknowledge the 
commenter's concerns, but disagree with revising the cost estimate. 
Although the operator has tracked its own costs based on data it kept 
when accomplishing related AD 2003-15-03, amendment 39-13245 (68 FR 
44197, July 28, 2003), the commenter does not state how the additional 
costs were accrued (e.g., additional labor, parts, etc.). We 
acknowledge that the costs associated with doing the required actions 
can vary depending on if the

[[Page 74646]]

operator chooses to replace the existing override quadrant assembly, or 
if it chooses to overhaul the existing override quadrant by installing 
new corrosion resistant steel bearings. In addition, we recognize that 
in accomplishing the requirements of any AD, operators may incur 
``incidental'' costs in addition to the ``direct'' costs that are 
reflected in the cost analysis presented in the AD preamble. However, 
the cost analysis in AD rulemaking actions typically does not include 
incidental costs, but only the costs of the specific actions required 
by the AD action.
    We have not revised the final rule in this regard.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Explanation of Editorial Change

    We have revised the cost estimate to correct the number of 
airplanes in the worldwide fleet. The NPRM stated that the number is 
127 airplanes; the final rule states that the number is 82 airplanes.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, 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.

Costs of Compliance

    There are about 82 airplanes of the affected design in the 
worldwide fleet. This proposed AD affects about 45 airplanes of U.S. 
registry. The actions will take about 10 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts cost about $146 
per airplane. Based on these figures, the estimated cost of this AD for 
U.S. operators is $35,820, or $796 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe 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 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-25-25 Boeing: Amendment 39-14418. Docket No. FAA-2005-21716; 
Directorate Identifier 2005-NM-080-AD.

Effective Date

    (a) This AD becomes effective January 20, 2006.

Affected ADs

    (b) This AD is related to AD 2003-15-03, amendment 39-13245. AD 
2003-15-03 is applicable to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category, line numbers (L/Ns) 
1 through 836 inclusive.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category, L/Ns 837 through 918 
inclusive.

Unsafe Condition

    (d) This AD was prompted by a report of the seizing of the input 
override mechanism bearings of the lateral central control actuator 
on affected airplanes. We are issuing this AD to prevent corrosion 
of the input override mechanism bearings of the lateral central 
control actuator, which, in the event of a subsequent jam in the 
pilot's aileron control system, could result in failure of the 
aileron override system and consequent reduced lateral 
controllability 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.

Replacement

    (f) Within 18 months after the effective date of this AD, 
replace the aileron control override quadrant with a modified unit, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-27A0175, Revision 1, dated June 3, 2004; or 
Boeing Service Bulletin 767-27A0175, Revision 2, dated August 5, 
2004.


    Note 1: This AD does not require accomplishing the actions 
specified by Step 5 of Figure 2 of Boeing Alert Service Bulletin 
767-27A0175, Revision 1, or Boeing Service Bulletin 767-27A0175, 
Revision 2.

Part Installation

    (g) As of the effective date of this AD, no person may install, 
on any airplane, an aileron control quadrant override assembly that 
has not been modified in accordance with the requirements of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

[[Page 74647]]

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin 767-27A0175, 
Revision 1, dated June 3, 2004; or Boeing Service Bulletin 767-
27A0175, Revision 2, dated August 5, 2004; as applicable; to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of these documents in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-24054 Filed 12-15-05; 8:45 am]
BILLING CODE 4910-13-P