Airworthiness Directives; Boeing Model 767-300 and 767-300F Series Airplanes Equipped With General Electric or Pratt & Whitney Engines, 1178-1180 [05-108]
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations
the inflation hose at its end fittings. We are
issuing this AD to prevent interference
between the inflation hose and slide fabric
and rupture of the inflation hose, which
could result in incomplete inflation of the
emergency escape slides and consequent
unavailability of those slides during an
emergency evacuation.
DEPARTMENT OF TRANSPORTATION
Compliance
RIN 2120–AA64
(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.
Airworthiness Directives; Boeing
Model 767–300 and 767–300F Series
Airplanes Equipped With General
Electric or Pratt & Whitney Engines
Modification
(f) Within 37 months after the effective
date of this AD, modify the forward and aft
door slides, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–25–1338, dated
February 9, 2004.
Note 1: Airbus Service Bulletin A320–25–
1338, dated February 9, 2004, refers to Air
Cruisers/Aerazur Service Bulletin A320 004–
25–72, dated October 28, 2003, as an
additional source of service information for
modifying the forward and aft door slides.
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Related Information
(h) French airworthiness directive F–2004–
072, dated May 26, 2004, also addresses the
subject of this AD.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin
A320–25–1338, dated February 9, 2004, to
perform the actions that are required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approves the
incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. For copies of the
service information, contact Airbus, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France. For information on the
availability of this material at the National
Archives and Records Administration
(NARA), call (202) 741–6030, or go to http:/
/www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. You may view the AD
docket at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street SW., room PL–401, Nassif
Building, Washington, DC.
Issued in Renton, Washington, on
December 20, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–107 Filed 1–5–05; 8:45 am]
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Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–186–AD; Amendment
39–13918; AD 2004–26–06]
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
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: https://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.
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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 wingto-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
SUPPLEMENTARY INFORMATION:
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
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations
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–
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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
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1179
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.
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Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations
Adoption of the Amendment
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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Alternative Methods of Compliance
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
the following new airworthiness
directive:
I
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
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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.
(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: https://
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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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19138; Directorate
Identifier 2004–NM–102–AD; Amendment
39–13888; AD 2004–25–01]
RIN 2120–AA64
Airworthiness Directives; Gulfstream
Aerospace LP Model Gulfstream 100
Airplanes; and Model Astra SPX and
1125 Westwind Astra Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Gulfstream Aerospace LP Model
Gulfstream 100 airplanes; and Model
Astra SPX and 1125 Westwind Astra
series airplanes. This AD requires
adjusting the ground contact switches of
the main landing gear. This AD is
prompted by two occurrences of
uncommanded deployments of the
ground airbrakes during descent. We are
issuing this AD to prevent a false
‘‘Ground’’ position signal, which could
result in deployment of the ground
airbrakes and reduced controllability of
the airplane.
DATES: This AD becomes effective
February 10, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of February 10, 2005.
ADDRESSES: For service information
identified in this AD, contact
Gulfstream Aerospace Corporation, P.O.
Box 2206, Mail Station D–25, Savannah,
Georgia 31402. You can examine this
information 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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
Docket: The AD docket contains the
proposed AD, comments, and any final
disposition. You can examine the AD
docket on the Internet at https://
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 U.S. Department of Transportation,
400 Seventh Street SW., room PL–401,
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]]>Agencies
[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1178-1180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-108]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
https://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: https://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]
BILLING CODE 4910-13-P
