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[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Proposed Rules]
[Pages 73460-73462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29136]

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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]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company 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 The Boeing Company Model 767-400ER series airplanes. This 
proposed 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 proposed AD would require 
replacing the existing ADP TGA with an improved ADP TGA. We are 
proposing 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: We must receive comments on this proposed AD by January 21, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;

[[Page 73461]]

telephone 206-544-5000, extension 1; fax 206-766-5680; 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.

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 (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0978; 
Directorate Identifier 2013-NM-120-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.

Discussion

    We received reports of uncontained failures of the turbine wheel in 
the ADP TGA assembly. Flightcrews noticed a reduction in center 
hydraulic system pressure and upon landing, found damage to the ADP TGA 
assembly, the left, aft, wing-to-body fairing, and to the airplane 
skin. Boeing's analysis determined that the existing ADP TGA assembly 
design cannot adequately contain fragments caused by a turbine wheel 
burst. Fragments from an uncontained turbine wheel burst could 
penetrate the fuselage and strike passengers, or penetrate the wing-to-
body fairing and strike ground handling or maintenance personnel, 
causing serious injury.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 767-29-0113, 
dated May 29, 2013. For information on the procedures and compliance 
times, see this service information at http://www.regulations.gov by 
searching for Docket No. FAA-2013-0978.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information identified previously.

Costs of Compliance

    We estimate that this proposed AD affects 37 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed 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.
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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 proposed 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 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),
    (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.

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

0
1. The authority citation for part 39 continues to read as follows:

[[Page 73462]]

    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):
The Boeing Company: Docket No. FAA-2013-0978; Directorate Identifier 
2013-NM-120-AD.

(a) Comments Due Date

    We must receive comments by January 21, 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

    Joint Aircraft System Component (JASC)/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 2, dated January 29, 
2013.

(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

    (1) 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.
    (2) For service information identified in this proposed 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 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.

    Issued in Renton, Washington, on November 26, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29136 Filed 12-5-13; 8:45 am]
BILLING CODE 4910-13-P
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