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[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52190-52192]
From the Federal Register Online via the Government Printing 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: kenneth.frey@faa.gov.

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.
----------------------------------------------------------------------------------------------------------------
Replacement.........................  7 work-hours x $85 per         $114,705         $115,300       $4,266,100
                                       hour = $595.
----------------------------------------------------------------------------------------------------------------

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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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: 
kenneth.frey@faa.gov.

(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]
BILLING CODE 4910-13-P
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