[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Proposed Rules]
[Pages 1155-1157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-313]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1363; Directorate Identifier 2008-NM-104-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: We propose to adopt a new airworthiness directive (AD) for 
certain Boeing Model 767-200, -300, and -300F series airplanes. This 
proposed AD would require repetitive inspections for fatigue cracking 
and corrosion of the upper link fuse pin of the nacelle struts, and 
related investigative and corrective actions if necessary. This 
proposed AD would also provide terminating action for the repetitive 
inspections. This proposed AD results from two reports of cracked upper 
link fuse pins. We are proposing this AD to prevent fatigue cracking or 
corrosion of the upper link fuse pin, which could result in failure of 
the fuse pin and consequent reduced structural integrity of the nacelle 
strut and possible separation of the strut and engine from the airplane 
during flight.

DATES: We must receive comments on this proposed AD by February 26, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

[[Page 1156]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207; 
telephone 206-544-9990; fax 206-766-5682; e-mail [email protected]; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221 or 
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1363; 
Directorate Identifier 2008-NM-104-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Other Relevant Rulemaking

    On September 21, 2000, we issued AD 2000-19-09, amendment 39-11910 
(65 FR 58641, October 2, 2000), applicable to certain Boeing Model 767 
series airplanes powered by Rolls-Royce RB211 series engines. AD 2000-
19-09 requires modification of the nacelle strut and wing structure, 
and addresses fatigue cracking in primary strut structure and 
consequent reduced structural integrity of the strut.
    On July 29, 2004, we issued AD 2004-16-12, amendment 39-13768 (69 
FR 51002, August 17, 2004), applicable to certain Boeing Model 767-200, 
-300, and -300F series airplanes powered by Pratt & Whitney engines and 
General Electric engines. That AD supersedes three existing 
airworthiness directives and requires modification of the nacelle strut 
and wing structure. For certain airplanes, that AD also requires 
reworking the aft pitch load fitting, and installing a new diagonal 
brace fuse pin; for certain other airplanes, that AD requires replacing 
the outboard pitch load fitting of the wing front spar with a new, 
improved fitting, which terminates certain repetitive inspections. That 
AD addresses fatigue cracking in primary strut structure, which could 
result in separation of the strut and engine from the airplane.

Discussion

    Since we issued AD 2000-19-09 and AD 2004-16-12, we received two 
reports of cracked upper link fuse pins. The two airplanes had 
accumulated 11,573 total flight cycles and 14,780 total flight cycles 
and are powered by Pratt & Whitney PW4000 engines. Boeing analysis 
found cracks in the longitudinal direction of the fuse pins. The 
longitudinal cracks were the result of fatigue loads. No material 
anomalies were found. Fatigue cracking or corrosion of the upper link 
fuse pin could result in failure of the fuse pin and consequent reduced 
structural integrity of the nacelle strut and possible separation of 
the strut and engine from the airplane during flight.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-54A0074, 
Revision 1, dated April 24, 2008. The service bulletin describes 
procedures for repetitive detailed inspections of the upper link fuse 
pin of the nacelle struts for corrosion, and related investigative and 
corrective actions if necessary. The related investigative and 
corrective actions include replacing the fuse pin with a new fuse pin 
if corrosion is found; doing a high frequency eddy current (HFEC) 
inspection for cracking if no fuse pin corrosion is found; doing a 
magnetic particle inspection of the inside surface of the upper link 
fuse pin for cracking; and replacing the fuse pin with a new fuse pin 
if cracking is found, and applying corrosion preventive compound on the 
upper link fuse pin before further flight.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously. 
Accomplishing the modifications required by AD 2000-19-09 and AD 2004-
16-12 would terminate the repetitive inspections required by paragraph 
(f) of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect 354 airplanes of 
U.S. registry. We also estimate that it would take about 4 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$80 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $113,280, or $320 per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a

[[Page 1157]]

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 this 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
Reference, 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 AD:

Boeing: Docket No. FAA-2008-1363; Directorate Identifier 2008-NM-
104-AD.

Comments Due Date

    (a) We must receive comments by February 26, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April 
24, 2008.

Unsafe Condition

    (d) This AD results from two reports of cracked upper link fuse 
pins. We are issuing this AD to prevent fatigue cracking or 
corrosion of the upper link fuse pin, which could result in failure 
of the fuse pin and consequent reduced structural integrity of the 
nacelle strut and possible separation of the strut and engine from 
the airplane during flight.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Initial and Repetitive Inspections/Investigative and Corrective Actions

    (f) Inspect the upper link fuse pin of the nacelle struts for 
fatigue cracking and corrosion at the applicable time specified in 
Table 1 of this AD. Do the applicable inspection by doing all the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-54A0074, Revision 1, dated April 
24, 2008; and do all applicable related investigative and corrective 
actions before further flight. Repeat the applicable inspection at 
intervals not to exceed 3,000 flight cycles or 24 months, whichever 
is first, until paragraph (g) of this AD has been done.

                        Table 1--Compliance Times
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                                 At the later of:
                                     Initial
         Engine  type               inspection          Grace period
                                    threshold
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JT9D..........................  14,000 total       Within 3,000 flight
                                 flight cycles.     cycles or 18 months
                                                    after the effective
                                                    date of this AD,
                                                    whichever is first.
CF6-80A.......................  24,000 total       Within 3,000 flight
                                 flight cycles.     cycles or 18 months
                                                    after the effective
                                                    date of this AD,
                                                    whichever is first.
PW4000........................  8,000 total        Within 3,000 flight
                                 flight cycles.     cycles or 18 months
                                                    after the effective
                                                    date of this AD,
                                                    whichever is first.
CF6-80C2......................  10,000 total       Within 3,000 flight
                                 flight cycles.     cycles or 18 months
                                                    after the effective
                                                    date of this AD,
                                                    whichever is first.
RB211.........................  24,000 total       Within 3,000 flight
                                 flight cycles.     cycles or 18 months
                                                    after the effective
                                                    date of this AD,
                                                    whichever is first.
------------------------------------------------------------------------

Terminating Action in AD 2000-19-09 and AD 2004-16-12

    (g) Accomplishment of the modification specified in paragraph 
(g)(1) or (g)(2) of this AD, as applicable, terminates the 
inspections required by paragraph (f) of this AD.
    (1) For Model 767 series airplanes powered by Rolls-Royce RB211 
series engines, as identified in AD 2000-19-09: Modification of the 
nacelle strut and wing structure, as required by paragraphs (a) and 
(b) of AD 2000-19-09.
    (2) For Model 767-200, -300, and -300F series airplanes powered 
by Pratt & Whitney and General Electric engines, as identified in AD 
2004-16-12: Modification of the nacelle strut and wing structure, as 
required by paragraphs (a), (b), (d), and (e) of AD 2004-16-12.

Credit for Actions Done Using Previous Service Information

    (h) Replacement of the fuse pins with new fuse pins before the 
effective date of this AD in accordance with Boeing Service Bulletin 
767-54-0074, dated March 27, 1997, is acceptable for compliance with 
the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Tamara Anderson, Aerospace Engineer, Airframe Branch, 
ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6421; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-313 Filed 1-9-09; 8:45 am]
BILLING CODE 4910-13-P