[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52190-52192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20213]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0978; Directorate Identifier 2013-NM-120-AD;
Amendment 39-17958; AD 2014-17-05]
RIN 2120-AA64
Airworthiness Directives; the Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 767-400ER series airplanes. This AD was
prompted by reports of turbine wheel bursts in the air driven pump
(ADP) turbine gearbox assembly (TGA), which resulted in the release of
high energy fragments. This AD requires replacing the existing ADP TGA
with an improved ADP TGA. We are issuing this AD to prevent fragments
from an uncontained turbine wheel burst penetrating the fuselage and
striking passengers, or penetrating the wing-to-body fairing and
striking ground handling or maintenance personnel, causing serious
injury.
DATES: This AD is effective October 8, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 8,
2014.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC2H-65, Seattle, WA 98124-2207; telephone 206-544-5000,
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
You may review this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for
[[Page 52191]]
and locating Docket No. FAA-2013-0978; 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 AD, the regulatory
evaluation, any comments received, and other information. The address
for the Docket Office (phone: 800-647-5527) is Docket Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Kenneth Frey, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone: 425-917-6468; fax: 425-917-6190; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 767-400ER series airplanes. The NPRM published in the Federal
Register on December 6, 2013 (78 FR 73460). The NPRM was prompted by
reports of turbine wheel bursts in the ADP TGA, which resulted in the
release of high energy fragments. The NPRM proposed to require
replacing the existing ADP TGA with an improved ADP TGA. We are issuing
this AD to prevent fragments from an uncontained turbine wheel burst
penetrating the fuselage and striking passengers, or penetrating the
wing-to-body fairing and striking ground handling or maintenance
personnel, causing serious injury.
Revised Service Information
In Note 1 to paragraph (g) of the NPRM (78 FR 73460, December 6,
2013), we referred to Fairchild Controls Service Bulletin N012000000-
29-03, Revision 2, dated January 29, 2013, as a source of guidance
information for modifying an existing ADP TGA. Since the NPRM was
published, Fairchild Controls has published Fairchild Controls Service
Bulletin N012000000-29-03, Revision 3, dated March 7, 2014. We have
revised Note 1 to paragraph (g) of this final rule to refer to
Fairchild Controls Service Bulletin N012000000-29-03, Revision 3, dated
March 7, 2014.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
(78 FR 73460, December 6, 2013) and the FAA's response to the comment.
Request to Clarify Compliance Time
Boeing commented that the compliance time in paragraph (i) of the
proposed NPRM (78 FR 73460, December 6, 2013) was confusing and
requested clarification. Boeing stated that the compliance time in
Boeing Special Attention Service Bulletin 767-29-0113, dated May 29,
2013, is 36 months after the release date of that service bulletin,
which was May 29, 2013. Boeing asked if the NPRM's compliance time was
also 36 months after that service bulletin's release date, or if it was
36 months after the effective date of the final rule. Boeing suggested
that paragraph (i) of the proposed NPRM be revised to state ``36 months
after the effective date of the AD.''
We agree to clarify the compliance time. Paragraph (i) of this AD
explains that where Boeing Special Attention Service Bulletin 767-29-
0113, dated May 29, 2013, specifies a compliance time ``after the
original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time ``after the effective
date of this AD. Boeing Special Attention Service Bulletin 767-29-0113,
dated May 29, 2013, specifies a compliance time of ``within 36 months
after the original issue date of this service bulletin.'' Therefore,
the compliance time for accomplishing the replacement required by this
AD is within 36 months after the effective date of this AD. No change
was made to this final rule regarding this issue.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 73460, December 6, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 73460, December 6, 2013).
Costs of Compliance
We estimate that this AD affects 37 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators.
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Replacement......................... 7 work-hours x $85 per $114,705 $115,300 $4,266,100
hour = $595.
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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
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:
[[Page 52192]]
(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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2014-17-05 The Boeing Company: Amendment 39-17958; Docket No. FAA-
2013-0978; Directorate Identifier 2013-NM-120-AD.
(a) Effective Date
This AD is effective October 8, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-400ER series
airplanes, certificated in any category, as identified in Boeing
Special Attention Service Bulletin 767-29-0113, dated May 29, 2013.
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
Power.
(e) Unsafe Condition
This AD was prompted by reports of turbine wheel bursts in the
air driven pump (ADP) turbine gearbox assembly (TGA), which resulted
in the release of high energy fragments. We are issuing this AD to
prevent fragments from an uncontained turbine wheel burst
penetrating the fuselage and striking passengers, or penetrating the
wing-to-body fairing and striking ground handling or maintenance
personnel, causing serious injury.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Replacement of Turbine Gearbox Assembly
Except as required by paragraph (i) of this AD: At the time
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 767-29-0113, dated May 29, 2013, replace
the existing ADP TGA having part number N012000000 or N012000000-1
with an improved ADP TGA having part number N012000000-2 or
N012000000-3, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 767-29-0113, dated May 29,
2013.
Note 1 to paragraph (g) of this AD: Guidance on modifying an
existing ADP TGA so it can be re-identified as part number
N012000000-2 or N012000000-3 can be found in Fairchild Controls
Service Bulletin N012000000-29-03, Revision 3, dated March 7, 2014.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install an
ADP TGA having part number N012000000 or N012000000-1 on any
airplane.
(i) Exception to Service Information Specifications
Where Boeing Special Attention Service Bulletin 767-29-0113,
dated May 29, 2013, specifies a compliance time ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time ``after the effective date of
this AD.''
(j) Alternative Methods of Compliance (AMOCs)
(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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(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 the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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.
(k) Related Information
For more information about this AD, contact Kenneth Frey,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: 425-917-6468; fax: 425-917-6190; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 767-29-0113, dated
May 29, 2013.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) You may view this service information that is incorporated
by reference 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/cfr/ibr-locations.html.
Issued in Renton, Washington on August 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-20213 Filed 9-2-14; 8:45 am]
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