[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Proposed Rules]
[Pages 22777-22783]
[FR Doc No: 2014-09348]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0561; Directorate Identifier 2007-NM-223-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 757-200 and -200PF series
airplanes; and Model 767-200 and -300 series airplanes. The NPRM
proposed to require doing an inspection to determine the part number
and serial number of the hub assembly of the ram air turbine (RAT), and
replacing the hub assembly of the RAT with a new, serviceable, or
reworked and re-identified hub assembly if necessary. The NPRM was
prompted by reports indicating that the counterweights in some hub
assemblies of the RATs could be under strength and fracture when the
RAT is rotating. This action revises the NPRM by adding airplanes to
the applicability; adding an additional part number and serial number
inspection to determine if certain RAT hub assemblies are installed;
and, for affected RAT hub assemblies, doing an inspection for missing
and fractured balance washer screws, and replacement if necessary to
address an additional defect identified within the RAT hub assembly. We
are proposing this supplemental notice of proposed rulemaking (SNPRM)
to prevent an inoperative RAT, which, following a dual engine shutdown
in flight, will cause loss of all hydraulic power to the primary flight
controls, resulting in subsequent loss of control of the airplane.
Since these actions impose an additional burden over that proposed in
the NPRM, we are reopening the comment period to allow the public the
chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by June 9, 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:<PHONE_NUMBER>.
     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: 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 Boeing service information identified in this proposed AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. For
Hamilton Sundstrand service information identified in this proposed AD,
contact Hamilton Sundstrand, Technical Publications, Mail Stop 302-9,
4747 Harrison Avenue, P.O. Box 7002, Rockford, IL 61125-7002; phone:
860-654-3575; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.hamiltonsundstrand.com.
    You may view 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 and locating Docket No. FAA-2014-
0561; 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:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER><EMAIL_ADDRESS>
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-2008-0561;
Directorate Identifier 2007-NM-223-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 issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain The Boeing Company Model 757-200 and -200PF
series airplanes; and Model 767-200 and -300 series airplanes. The NPRM
published in the Federal Register on May 20, 2008 (73 FR 29087). The
NPRM proposed to require doing an inspection to determine the part
number and serial number of the hub assembly of the RAT, and replacing
the hub assembly of the RAT with a new, serviceable, or reworked and
re-identified hub assembly if necessary. The NPRM was issued because
the counterweights in some hub assemblies of the RATs could

be under strength and fracture when the RAT is rotating.

Actions Since the NPRM (73 FR 29087, May 20, 2008) Was Issued

    Since we issued the NPRM (73 FR 29087, May 20, 2008), we have
reviewed Boeing Alert Service Bulletin 757-29A0066, Revision 1, dated
March 8, 2010 (for Model 757 airplanes); and Boeing Alert Service
Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for Model 767
airplanes). We referred to Boeing Alert Service Bulletin 757-29A0066,
dated January 2, 2007 (for Model 757-200 and -200PF series airplanes);
and Boeing Alert Service Bulletin 767-29A0110, dated January 2, 2007
(for Model 767-200 and -300 series airplanes); as the appropriate
sources of service information for accomplishing the actions specified
in the NPRM. Revision 1 of this service information revises the
effectivity to include The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes; and Model 767-200, -300, -300F, and -
400ER series airplanes.
    We have also reviewed Boeing Special Attention Service Bulletin
757-29-0069, dated June 24, 2010 (for Model 757 airplanes); and Boeing
Special Attention Service Bulletin 767-29-0112, dated June 24, 2010
(for Model 767 airplanes); which describe procedures for an inspection
to determine the part number and serial number on the hub assembly of
the RAT and replacement of the RAT or RAT hub assembly.
    We have also reviewed Hamilton Sundstrand Service Bulletin 730814-
29-15, dated February 10, 2010 (for Model 757 airplanes); and Hamilton
Sundstrand Service Bulletin 729548-29-18, dated February 10, 2010 (for
Model 767 airplanes). This service information describes procedures for
certain parts identified in Boeing Special Attention Service Bulletin
757-29-0069, dated June 24, 2010 (for Model 757 airplanes); and Boeing
Special Attention Service Bulletin, 767-29-0112, dated June 24, 2010
(for Model 767 airplanes). This service information also describes
procedures for doing a general visual inspection of the 12 balance
washer screws installed around the perimeter of the rotor assembly for
missing washers and fractured screws; and either the replacement of the
RAT or RAT hub assembly if any balance washer is missing or any
fractured screw is found, or replacement of all balance screws if no
missing balance washers and no fractured screws are found.
    This SNPRM was prompted by reports of two different material
defects that have been identified on the RATs installed on Model 757
and Model 767 airplanes. The first material defect associated with
counterweights was the basis of the NPRM. The second material defect
associated with the balance washer screws is new to this SNPRM. Rather
than have two separate AD actions associated with the RATs installed on
the Model 757 and Model 767 airplanes, we have elected to consolidate
rulemaking to address both material defects via this SNPRM.
    We have determined that the actions in this service information are
necessary to address the identified unsafe condition.

Comments

    We gave the public the opportunity to comment on the NPRM (73 FR
29087, May 20, 2008). The following presents the comments received on
the NPRM and the FAA's response to each comment.

Requests To Revise the Applicability in the NPRM (73 FR 29087, May 20,
2008)

    Northwest Airlines, Inc. (NWA) and American Airlines (AAL)
requested that the applicablitiy in the NPRM (73 FR 29087, May 20,
2008) be revised. NWA stated that affected parts might have migrated
from the ``delivered on'' airplane to other airplanes, and requested
that the inspection be revised to inspect any airplane the affected
part could be installed on.
    We agree with the commenters' request. We have revised the
applicability of this SNPRM to include all airplanes on which the
affected RAT hub assemblies could be installed. We have revised the
``Applicability'' section, paragraph (c) of this SNPRM, accordingly.

Requests To Perform a Maintenance Record Check in Lieu of an Inspection

    Boeing requested that affected airlines be required to check their
maintenance records to locate and inspect suspect hub assemblies.
Boeing stated that suspect hub assemblies may have been removed from
one airplane and then installed on another airplane not listed in the
Effectivity of Boeing Alert Service Bulletin 757-29A0066 (for Model
757-200 and -200PF series airplanes) or Boeing Alert Service Bulletin
767-29A0110 (for Model 767-200 and -300 series airplanes), both dated
January 2, 2007.
    Airlines for America (A4A), on behalf of its member AAL, requested
that, due to the interchangeability of parts between the Model 757 and
767 fleets, the NPRM (73 FR 29087, May 20, 2008) include a check of the
RAT hub assembly part number and serial number for the entire affected
fleet regardless of the effectivity currently listed in the service
information.
    We agree that parts may have been rotated onto airplanes not listed
in Boeing Alert Service Bulletin 757-29A0066 (for Model 757-200 and -
200PF series airplanes) or Boeing Alert Service Bulletin 767-29A0110
(for Model 767-200 and -300 series airplanes), both dated January 2,
2007, and, therefore, may be installed on airplanes that were not
included in the applicability of the NPRM (73 FR 29087, May 20, 2008).
We have revised the applicability of this SNPRM to include all Model
757 and 767 airplanes. Because this SNPRM includes all airplanes that
could have a defective RAT hub assembly installed, it is not necessary
to require operators to check maintenance records.

Request To Mandate Only Those Actions That Address the Unsafe Condition

    NWA requested that the NPRM (73 FR 29087, May 20, 2008) only
mandate those actions that are required to address the unsafe
condition, and not those actions contained in Boeing Alert Service
Bulletin 757-29A0066 (for Model 757-200 and -200PF series airplanes)
and Boeing Alert Service Bulletin 767-29A0110 (for Model 767-200 and -
300 series airplanes), both dated January 2, 2007, that are not
pertinent to the safety objective.
    NWA stated that the NPRM (73 FR 29087, May 20, 2008) mandated the
inspection and replacement in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-29A0066 (for Model
757-200 and -200PF series airplanes) and Boeing Alert Service Bulletin
767-29A0110 (for Model 767-200 and -300 series airplanes), both dated
January 2, 2007. NWA stated that these instructions contain work steps
that are not pertinent to correcting the unsafe condition, and
indicated that, if some of these procedures are not followed exactly,
it could result in a non-compliance with the AD even though the unsafe
condition was corrected. NWA stated that mandating only those actions
that are required to address the unsafe condition will minimize the
quantity of alternative method of compliances (AMOCs) that might be
necessary to approve the variations of procedures among operators.
    We agree to add a clarification in paragraphs (g)(2) and (h)(2)(i)
of this SNPRM, which states that where the

service information specifies to contact Hamilton Sundstrand for a
replacement unit, this SNPRM does not require that action. Also, we
have added a clarification in paragraphs (g)(3) and (h)(2)(ii) of this
SNPRM, which states that, where the service information instructs
operators to return all RATs or RAT hub assemblies to Hamilton
Sundstrand for rework and test, operators may return the RAT or RAT hub
assembly to Hamilton Sundstrand or to an FAA-approved repair facility
that has the capability to disassemble, repair, balance, and test the
RAT or RAT hub assembly.
    We agree with the concept of minimizing AD requirements when
appropriate. The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement is a new process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Differentiating these steps from other
tasks in the service information is expected to improve an owner's/
operator's understanding of AD requirements and help provide consistent
judgment in AD compliance.
    In response to the AD Implementation ARC, the FAA released AC 20-
176, dated December 19, 2011

(http://rgl.avs.faa.gov/Regulatory--and--Guidance--Library/
rgAdvisoryCircular.nsf/0/a78cc91a47b192278625796b0075f419/$FILE/
AC%2020-176.pdf); and Order 8110.117, dated September 12, 2012
(http://rgl.avs.faa.gov/Regulatory--and--Guidance--Library/
rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/$FILE/
Order%208110.117.pdf), which include the concept of RC. The FAA has
begun implementing this concept in ADs when we receive service
information containing RC steps. While some design approval holders
have implemented the RC concept, the implementation is voluntary. The
FAA does not intend to develop or revise AD requirements to incorporate
the RC concept if it is not included in the service information.

    Contrary to NWA's statement that ADs should mandate only those
actions that are required to address the unsafe condition, ADs
generally contain requirements that are reasonably related to
addressing the unsafe condition, as determined by the FAA and the
design approval holder that developed the service bulletin. Typically,
operators' maintenance programs were not developed in recognition of
the unsafe condition that is being addressed by an AD. Whenever we
issue an AD, those programs had failed to prevent the unsafe condition
in the first place. Therefore, many provisions of ADs address aspects
of accomplishing the required maintenance that are necessary to prevent
operators from inadvertently aggravating the unsafe condition or
introducing new unsafe conditions.
    For many years, the Air Transport Association (now Airlines for
America, A4A) has sponsored the ``Lead Airline'' program through which
individual airlines are provided an opportunity to prototype
manufacturers' draft service instructions before they are finalized.
One objective of this activity is to minimize the procedures included
in the instructions that are considered unnecessary. Therefore, when
the FAA receives a manufacturer's service bulletin, we recognize that
the procedures specified have been determined to be necessary by both
the manufacturer and affected operators. As in this case, the
instructions provided in service bulletins referenced in ADs are
reasonably related to addressing the unsafe condition.
    As always, if NWA or any other operator prefers to address the
unsafe condition by means other than those specified in the referenced
service information, they may request approval for an alternative
method of compliance and, if approved, may use it instead of the
procedures specified in the service information.

Request To Revise the Costs of Compliance

    AAL requested that the costs of compliance in the NPRM (73 FR
29087, May 20, 2008) be revised. AAL stated that it finds the cost
estimate insufficient and that it is not representative of the actual
labor costs that might be incurred by the operators. AAL also stated
that the NPRM only includes the labor cost associated with inspecting
airplanes on which the affected RAT hub assemblies were delivered and
not the entire fleet. AAL stated that the cost only includes the 1-hour
inspection and not the labor cost to replace the RAT hub assembly.
    We agree with AAL's request. We have determined that the cost
estimate provided in this SNPRM should include the labor costs for
completing the inspection on the entire affected fleet, and the on-
condition costs for those operators required to replace the RAT hub
assembly. We have revised the ``Costs of Compliance'' section in this
SNPRM accordingly.

Request To Revise Paragraph (e) of the NPRM (73 FR 29087, May 20, 2008)

    AAL requested that paragraph (e) of the NPRM (73 FR 29087, May 20,
2008) be revised. AAL proposed that the paragraph be reworded to state,
``. . . unless the actions have already been done per the appropriate
Service Bulletin referenced in paragraph (c).'' AAL stated that
accomplishment of the applicable service information addresses the
safety concern and operators should be given credit for accomplishing
the service information.
    We disagree with AAL's request to revise paragraph (f) of this
SNPRM (referred to as paragraph (e) of the NPRM (73 FR 29087, May 20,
2008)). Any actions required by this SNPRM, which are accomplished
before the effective date of the AD, are acceptable for compliance
since paragraph (f) of this SNPRM states, ``Comply with this AD within
the compliance times specified, unless already done.'' Actions must be
done in accordance with the appropriate service information. Otherwise,
an operator would need to request an AMOC in accordance with the
procedures specified in paragraph (l)(1) of this SNPRM. We have not
changed this SNPRM in this regard.

Request To Delay Replacement of the RAT Hub Assembly in Paragraph (f)
of the NPRM (73 FR 29087, May 20, 2008)

    AAL requested that paragraph (f) of the NPRM (73 FR 29087, May 20,
2008), referred to as paragraph (g)(1) of this SNPRM, be revised to
delay replacement of the RAT hub assembly. AAL suggested including the
following statement for clarity, ``In cases where the RAT hub assembly
serial number is on the recall list and there is no replacement RAT hub
assembly available, put the airplane back to a serviceable condition.
Then replace the RAT hub assembly within 24 months after the compliance
date.''
    AAL stated that the service information authorizes operators to
continue operating the airplane until a replacement hub is available.
AAL stated that the NPRM (73 FR 29087, May 20, 2008) is not explicit
about operating the airplane with a suspect RAT hub assembly. AAL also
stated that the NPRM can be interpreted as replacing the RAT hub
assembly when identified, or at a later date when a RAT hub assembly is
available.
    We disagree with AAL's request to revise paragraph (g)(1) of this
SNPRM (referred to as paragraph (f) of the NPRM (73 FR 29087, May 20,
2008)) to allow operators to continue operating an airplane with a
suspect RAT hub

assembly until a later date when a RAT hub assembly is available.
Paragraph (f) of the NPRM (73 FR 29087, May 20, 2008, specifies a
compliance time of ``within 24 months after the effective date of this
AD.'' We have further limited the compliance time in paragraph (g)(1)
of this SNPRM to include ``prior to the next RAT backdrive test,''
i.e., prior to the next RAT backdrive test or within 24 months after
the effective date of this AD, whichever occurs first. . . .'' The
``prior to the next RAT backdrive test'' requirement was added due to
the balance washer screw defect presented in Boeing Special Attention
Service Bulletin 757-29-0069, dated June 24, 2010; and Boeing Special
Attention Service Bulletin, 767-29-0112, dated June 24, 2010. We have
determined that this compliance time is necessary because loss of a
balance washer during periodic ground testing of the RAT could cause
injury to maintenance personnel.
    In developing an appropriate compliance time for this action, we
considered the urgency associated with the subject unsafe condition,
the availability of required parts, and the practical aspect of
accomplishing the required replacement within a period of time that
corresponds to the normal scheduled maintenance for most affected
operators. However, under the provisions of paragraph (l)(1) of this
SNPRM, we will consider requests for approval of an extension of the
compliance time if sufficient data is submitted to substantiate that
the new compliance time would provide an acceptable level of safety. We
have not changed this SNPRM in this regard.

Request To Clarify Paragraph (f) of the NPRM (73 FR 29087, May 20,
2008)

    AAL requested that paragraph (f) of the NPRM (73 FR 29087, May 20,
2008) be updated to state, ``If the part number and serial number on
the hub assembly of the RAT are listed in paragraphs (i)(1)(i) and
(i)(1)(ii) of the AD, and are not reworked and re-identified, within 24
months after the effective date of this AD, replace the hub assembly of
the RAT with a new, serviceable, or reworked and re-identified hub
assembly in accordance with the accomplishment instructions of the
service bulletin.'' AAL stated that the service information does not
change the serial numbers when the modification is accomplished. AAL
stated that the service information adds the symbol ``29-12'' to a new
identification plate when the modification is accomplished, and that
neither the service information nor the NPRM check for a reworked and
re-identified hub during the inspection. AAL stated that, therefore, an
airplane inspected in accordance with the NPRM with a reworked and re-
identified RAT hub assembly installed would not be compliant with the
AD.
    We agree with AAL's request. This SNPRM does not propose to require
changing the serial number of the rat hub assembly when it is
assembled. If any part has already been re-identified, as required by
paragraph (g)(1) of this SNPRM, then the inspection alone will not find
it because the inspection looks specifically for a part number and
serial number specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this
SNPRM, and it does not look for re-identified part numbers. We have
revised paragraph (g)(1) of this SNPRM (referred to as paragraph (f) of
the NPRM (73 FR 29087, May 20, 2008)) accordingly.

Request To Add a Note in the NPRM (73 FR 29087, May 20, 2008) To
Explain the Difference in Part Numbers

    AAL requested that a note be added to the NPRM (73 FR 29087, May
20, 2008) explaining the difference in part numbers. AAL stated that
part number (P/N) 733785/A listed in Hamilton Sundstrand Service
Bulletin 730814-29-12, dated November 30, 2005, is incorrect. The NPRM
included the correct P/N 733785A in table 2 (designated as paragraphs
(i)(1)(i) and (i)(1)(ii) of this SNPRM). AAL stated that operators will
be using the Hamilton Sundstrand service bulletins for the inspection
and rework. AAL stated that the incorrect part number could cause
confusion when identifying a suspect RAT hub assembly.
    We disagree with AAL's request to add a note to this AD. While we
agree that Hamilton Sundstrand Service Bulletin 730814-29-12, dated
November 30, 2005, specifies the incorrect part number, the actions
proposed in this SNPRM take precedence over Hamilton Sundstrand Service
Bulletin 730814-29-12, dated November 30, 2005. This SNPRM would
require operators to inspect for the part numbers and serial numbers
listed in paragraphs (g)(1)(i) and (g)(1)(ii) of this SNPRM for this
reason. We have not made any changes to this SNPRM in this regard.

Request To Replace RAT Hub Assemblies With Unidentified Plates

    AAL requested that paragraph (f) of the NPRM (73 FR 29087, May 20,
2008) (referred to as paragraph (g)(1) of this SNPRM) be updated to
include the following statement, ``In cases where the RAT hub assembly
is missing the data plate, replace the RAT hub assembly within 24
months after the compliance date.''
    We agree with AAL's request to replace RAT hub assemblies with
unidentified plates. Defective RAT hub assemblies are identified by
part number and serial number, and can be installed on any Model 757 or
Model 767 airplane. Without identification, there is no way to
guarantee the RAT hub assembly is not defective. We have revised
paragraph (g)(1) of this SNPRM (referred to as paragraph (f) of the
NPRM (73 FR 29087, May 20, 2008)) to require replacement of the RAT hub
assembly if the part number or serial number on the hub assembly of the
RAT is missing. However, as stated previously, the compliance time
specified in paragraph (g)(1) of this SNPRM is ``Prior to the next RAT
backdrive test or within 24 months after the effective date of this AD,
whichever occurs first.''

Additional Changes Made to This SNPRM

    We have added the heading and wording of paragraph (k) of this
SNPRM to provide credit for previous accomplishment of the actions
required by paragraph (g) of this SNPRM, if those actions are done
before the effective date of this AD.
    Table 1 of the NPRM (73 FR 29087, May 20, 2008) has been removed
from this SNPRM as a result of the change to the proposed Applicability
of this SNPRM. Paragraphs (g)(1)(i), (g)(1)(ii), (i)(2)(i), and
(i)(2)(ii) of this SNPRM have been added. Table 2 of the NPRM has been
redesignated as paragraphs (i)(1)(i) and (i)(1)(ii) of this SNPRM.

Screw Replacement Information

    Operators should note that, if a screw fractures during any screw
replacement specified in this SNPRM and the weight is still available,
the balance weight can be installed with the replacement screw. Screws
should only be replaced one at a time to prevent any potential for a
removed balance washer to be installed in a different location.

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. Certain changes described above expand the scope of the NPRM
(73 FR 29087, May 20, 2008). As a result, we have determined that it is
necessary to reopen the comment period to provide additional
opportunity for the public to comment on this SNPRM.

Proposed Requirements of the SNPRM

    This SNPRM would require accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between the SNPRM and the Service Information.''

Differences Between the SNPRM and the Service Information

    We have revised the compliance time for the inspection in paragraph
(g) of this SNPRM (referred to as paragraph (f) of the NPRM (73 FR
29087, May 20, 2008)) as specified in Boeing Alert Service Bulletin
757-29A0066, Revision 1, dated March 8, 2010 (for Model 757 airplanes);
and Boeing Alert Service Bulletin 767-29A0110, Revision 1, dated March
8, 2010 (for Model 767 airplanes); to ``prior to the next RAT backdrive
test or within 24 months after the effective date of this AD, whichever
occurs first.'' The proposed ``prior to the next RAT backdrive test''
requirement was added due to the balance washer screw defect presented
in Boeing Special Attention Service Bulletin 757-29-0069 (for Model 757
airplanes) and Boeing Special Attention Service Bulletin 767-29-0112
(for Model 767 airplanes), both dated June 24, 2010. We have determined
that this compliance time is necessary because loss of a balance washer
during periodic ground testing of the RAT could cause injury to
maintenance personnel. We have coordinated this difference with Boeing.
    Although the effectivity in Boeing Special Attention Service
Bulletin 767-29-0112, dated June 24, 2010, includes only airplanes
having line numbers (L/Ns) 1 through 985 inclusive; and Boeing Alert
Service Bulletin 767-29A0110, Revision 1, dated March 8, 2010, includes
only airplanes having L/Ns 1 through 976 inclusive; this SNPRM would
apply to all line numbers in the Boeing Model 767 fleet, since the RAT
hub assemblies can be installed on any Model 767 airplane. We have
coordinated this difference with Boeing.
    Where Boeing Alert Service Bulletin 757-29A0066, Revision 1, dated
March 8, 2010 (for Model 757 airplanes); and Boeing Alert Service
Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for Model 767
airplanes); specify to contact Hamilton Sundstrand for a new or
replacement unit, this SNPRM would not require that action. Operators
may do the replacement using a new or serviceable RAT or RAT hub
assembly, or using a reworked and re-identified RAT or RAT hub
assembly. We have coordinated this difference with Boeing.
    Where Boeing Alert Service Bulletin 757-29A0066, Revision 1, dated
March 8, 2010 (for Model 757 airplanes); or Boeing Alert Service
Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for Model 767
airplanes); specifies to return all RAT hub assemblies to Hamilton
Sundstrand for rework and test, operators may return the RAT or RAT hub
assembly to Hamilton Sundstrand or to a FAA-approved repair facility
that has the capability to disassemble, repair, balance, and test the
RAT or RAT hub assembly. We have coordinated this difference with
Boeing.
    Although Boeing Alert Service Bulletin 757-29A0066, Revision 1,
dated March 8, 2010 (for Model 757 airplanes); and Boeing Alert Service
Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for Model 767
airplanes); specify replacing the RAT hub assembly, this proposed SNPRM
would allow replacing either the RAT or the RAT hub assembly. We have
coordinated this difference with Boeing.
    Where Boeing Special Attention Service Bulletin 757-29-0069, dated
June 24, 2010 (for Model 757 airplanes); and Boeing Special Attention
Service Bulletin 767-29-0112, dated June 24, 2010 (for Model 767
airplanes); specify to contact Hamilton Sundstrand for a replacement
unit, this SNPRM would not require that action. We have coordinated
this difference with Boeing.
    Where Boeing Special Attention Service Bulletin 757-29-0069, dated
June 24, 2010 (for Model 757 airplanes); and Boeing Special Attention
Service Bulletin 767-29-0112, dated June 24, 2010 (for Model 767
airplanes); instruct operators to return all RAT or RAT hub assemblies
to Hamilton Sundstrand for rework and test, operators may return the
RAT or RAT hub assembly to Hamilton Sundstrand or to an FAA-approved
repair facility that has the capability to disassemble, repair,
balance, and test the RAT or RAT hub assembly. We have coordinated this
difference with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 1,132 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
----------------------------------------------------------------------------------------------------------------
Inspection..........................  1 work-hour x $85 per                $0              $85          $96,220
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost              Parts cost        product
---------------------------------------------------------------------------------------------------------------
Replacement of balance washer screws.........  1 work-hour x $85 per hour =                 $0             $85
                                                $85.
Removal and installation of RAT assembly.....  5 work-hours x $85 per hour =                 0             425
                                                425.
Removal and installation of RAT hub assembly.  2 work-hours x $85 per hour =                 0             170
                                                170.
----------------------------------------------------------------------------------------------------------------

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 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:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2008-0561; Directorate Identifier
2007-NM-223-AD.

(a) Comments Due Date

    We must receive comments by June 9, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes; and Model 767-200, -300, -300F,
and -400ER series airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the
counterweights in some hub assemblies of the ram air turbine (RAT)
could be under strength and fracture when the RAT is rotating, and
that some RAT hub assemblies were delivered with balance washer
retention screws that were incorrectly heated treated, and
therefore, susceptible to fracture and cracking. We are issuing this
AD to prevent an inoperative RAT, which, following a dual engine
shutdown in flight, will cause loss of all hydraulic power to the
primary flight controls, resulting in subsequent loss of control of
the airplane.

(f) Compliance

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

(g) Inspection and Replacement of Parts With a Counterweight Defect

    Prior to the next RAT backdrive test or within 24 months after
the effective date of this AD, whichever occurs first: Do an
inspection to determine the part number and serial number on the hub
assembly of the RAT, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-29A0066, Revision
1, dated March 8, 2010 (for Model 757 airplanes); or Boeing Alert
Service Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for
Model 767 airplanes).
    (1) If the part number or serial number on the hub assembly of
the RAT is missing, or if the part number and serial number are
specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD, and the
hub assembly has not been reworked and re-identified in accordance
with Hamilton Sundstrand Service Bulletin 730814-29-12, dated
November 30, 2005 (for Model 757 airplanes); or Hamilton Sundstrand
Service Bulletin 729548-29-15, dated November 30, 2005 (for Model
767 airplanes): Prior to the next RAT backdrive test or within 24
months after the effective date of this AD, whichever occurs first,
replace the RAT or RAT hub assembly with a new, serviceable, or
reworked and re-identified RAT or RAT hub assembly, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 757-29A0066, Revision 1, dated March 8, 2010 (for Model 757
airplanes); or Boeing Alert Service Bulletin 767-29A0110, Revision
1, dated March 8, 2010 (for Model 767 airplanes); except as provided
by paragraphs (g)(2) and (g)(3) of this AD.
    (i) Model 757-200, -200PF, -200CB, and -300 series airplanes
having part number (P/N) 733785A or 733785B, and serial number (S/N)
0410 through 0413 inclusive, 0415, 0417 through 0430 inclusive,
0432, or 0434.
    (ii) Model 767-200, -300, -300F, and -400ER series airplanes
having P/N 734350A, 734350B, 734350C, or 734350D, and S/N 0666, 0673
through 0684 inclusive, 0686, 0687, or 0689.
    (2) Where Boeing Alert Service Bulletin 757-29A0066, Revision 1,
dated March 8, 2010 (for Model 757 airplanes); or Boeing Alert
Service Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for
Model 767 airplanes); specify to contact Hamilton Sundstrand for a
replacement unit, this AD does not require that action.
    (3) Where Boeing Alert Service Bulletin 757-29A0066, Revision 1,
dated March 8, 2010 (for Model 757 airplanes); or Boeing Alert
Service Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for
Model 767 airplanes); specifies to return all RAT hub assemblies to
Hamilton Sundstrand for rework and test, operators may return the
RAT or RAT hub assembly to Hamilton Sundstrand or to an FAA-approved
repair facility that has the capability to disassemble, repair,
balance, and test the RAT or RAT hub assembly.

(h) Inspection and Replacement of Parts With a Balance Washer Screw
Defect

    Prior to the next RAT backdrive test or within 24 months after
the effective date of this AD, whichever occurs first: Do an
inspection to determine the part number and serial number on the hub
assembly of the RAT, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-29-
0069, dated June 24, 2010 (for Model 757 airplanes); or Boeing
Special Attention Service Bulletin 767-29-0112, dated June 24, 2010
(for Model 767 airplanes).
    (1) If the part number or serial number on the hub assembly of
the RAT is missing or if the part number and serial number is listed
in paragraph 1.A., ``Effectivity,'' of Hamilton Sundstrand Service
Bulletin 730814-29-15, dated February 10, 2010 (for Model 757
airplanes); or Hamilton Sundstrand Service Bulletin 729548-29-18,
dated February 10, 2010 (for Model 767 airplanes); and the hub
assembly has not been reworked and re-identified in accordance with
Hamilton Sundstrand Service Bulletin 730814-29-15, dated February
10, 2010 (for Model 757 airplanes), or Hamilton Sundstrand Service
Bulletin 729548-29-18, dated February 10, 2010 (for Model 767
airplanes): Prior to the next RAT backdrive test or within 24 months
after the effective date of this AD, whichever occurs first, do a
general visual inspection of the 12 balance washer screws installed
around the perimeter of the rotor assembly for missing washers and
fractured screws, in accordance with the Accomplishment Instructions
of Hamilton Sundstrand Service Bulletin 730814-29-15, dated February
10, 2010 (for Model 757 airplanes); or Hamilton Sundstrand Service
Bulletin 729548-29-18, dated February 10, 2010 (for Model 767
airplanes).
    (2) If any balance washer is missing or any fractured screw is
found, prior to the next RAT backdrive test or within 24 months
after the effective date of this AD, whichever occurs first: Replace
the RAT or RAT hub assembly with a new, serviceable, or

reworked and re-identified RAT or RAT hub assembly, in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 757-29-0069, dated June 24, 2010 (for Model 757
airplanes); or Boeing Special Attention Service Bulletin 767-29-
0112, dated June 24, 2010 (for Model 767 airplanes); except as
provided by paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Where Boeing Special Attention Service Bulletin 757-29-0069,
dated June 24, 2010 (for Model 757 airplanes); and Boeing Special
Attention Service Bulletin 767-29-0112, dated June 24, 2010 (for
Model 767 airplanes); specify to contact Hamilton Sundstrand for a
replacement unit, this AD does not require that action.
    (ii) Where the Boeing Special Attention Service Bulletin 757-29-
0069, dated June 24, 2010 (for Model 757 airplanes); and Boeing
Special Attention Service Bulletin 767-29-0112, dated June 24, 2010
(for Model 767 airplanes); instruct operators to return all RAT or
RAT hub assemblies to Hamilton Sundstrand for rework and test,
operators may return the RAT or RAT hub assembly to Hamilton
Sundstrand or an FAA-approved repair facility that has the
capability to disassemble, repair, balance, and test the RAT or RAT
hub assembly.
    (3) If there are no missing balance washers and no fractured
screws: Prior to the next RAT backdrive test or within 24 months
after the effective date of this AD, whichever occurs first: Replace
the balance washer screws, one at a time, in accordance with
Hamilton Sundstrand Service Bulletin 730814-29-15, dated February
10, 2010 (for Model 757 airplanes); or Hamilton Sundstrand Service
Bulletin 729548-29-18, dated February 10, 2010 (for Model 767
airplanes).

(i) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install a
RAT hub assembly having any applicable part number and serial number
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD, on any
airplane, unless it has been reworked and re-identified in
accordance with Hamilton Sundstrand Service Bulletin 730814-29-12,
dated November 30, 2005 (for Model 757 airplanes); or Hamilton
Sundstrand Service Bulletin 729548-29-15, dated November 30, 2005
(for Model 767 airplanes).
    (i) Model 757-200, -200PF, -200CB, and -300 series airplanes
having P/N 733785A or 733785B, and S/N 0410 through 0413 inclusive,
0415, 0417 through 0430 inclusive, 0432, or 0434.
    (ii) Model 767-200, -300, -300F, and -400ER series airplanes
having P/N 734350A, 734350B, 734350C, or 734350D, and S/N 0666, 0673
through 0684 inclusive, 0686, 0687, or 0689.
    (2) As of the effective date of this AD, no person may install a
RAT hub assembly having any applicable part number and serial number
specified in paragraph (i)(2)(i) and (i)(2)(ii) of this AD, on any
airplane, unless it has been inspected and reworked and re-
identified in accordance with Hamilton Sundstrand Service Bulletin
730814-29-15, dated February 10, 2010 (for Model 757 airplanes); or
729548-29-18, dated February 10, 2010 (for Model 767 airplanes).
    (i) Model 757-200, -200PF, -200CB, and -300 series airplanes
having P/N 733785AB Series, and S/N 0107, 0105, 0121, 0151, 0179,
0204, 0282, 0289, 0296, 0315, 0319, 0337, 0390, 0403, 0412, 0421,
0424, 0426, 0429, 0430, 0439, 0445, 0450, 0477, 0503, 0510, 0512,
0584, 0585, 0591, 0599, 0609, 0617, 0624, 0656, 0673, 0685, 0789,
0822, 0841, 0854, 0911, 0912, 0936, 0957, 0961, 0971, 1061, 1064,
1096, 1101, 1102, 1105, 1113, 1117, 1170, 1172, 1173, X2069.
    (ii) Model 767-200, -300, -300F, and -400ER series airplanes
having P/N 734350 Series, and S/N 0042, 0074, 0170, 0183, 0207,
0311, 0312, 0324, 0336, 0337, 0347, 0367, 0372, 0379, 0381, 0391,
0427, 0431, 0469, 0495, 0500, 0530, 0531, 0533, 0538, 0539, 0550,
0551, 0575, 0584, 0619, 0626, 0666, 0670, 0676, 0690, 0700, 0701,
0734, 0750, 0800, 0801, 0813, 0835, 0836, 0908, 0923, 0958, 0968,
0980, 1009, 1012, 1019, 1046, 1052, 1054, 1102, 1127, 1167, 1264,
1285, 1300, 1317, 1322, 1362, 1372, 1394, 1398, 1436, 1594, 1633,
1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, 1642, 1643, 1644,
1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, X2063.
    (3) As of the effective date of this AD, no person may install a
balance washer screw having part number MS24667-14, on any airplane
unless a records review can positively determine that the screws did
not come from Northeast Fasteners, lots 24057 and 30533.

(j) No Information Submission

    Although Boeing Alert Service Bulletin 757-29A0066, Revision 1,
dated March 8, 2010 (for Model 757 airplanes); and Boeing Alert
Service Bulletin 767-29A0110, Revision 1, dated March 8, 2010 (for
Model 767 airplanes); specify to submit information to the
manufacturer, this AD does not include that requirement.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(1) or (k)(2) of this AD, as applicable. These
documents are not incorporated by reference in this AD.
    (1) Boeing Alert Service Bulletin 757-29A0066, dated January 2,
2007 (for Model 757-200 and -200PF series airplanes).
    (2) Boeing Alert Service Bulletin 767-29A0110, dated January 2,
2007 (for Model 767-200 and -300 series airplanes).

 (l) 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 (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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 and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
<EMAIL_ADDRESS>    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. For
Hamilton Sundstrand service information identified in this AD,
contact Hamilton Sundstrand, Technical Publications, Mail Stop 302-
9, 4747 Harrison Avenue, P.O. Box 7002, Rockford, IL 61125-7002;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.hamiltonsundstrand.com. You may view this 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 17, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-09348 Filed 4-23-14; 8:45 am]
BILLING CODE 4910-13-P