Discussion \n\n\n\tWe issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM published in the Federal Register on January 30, 2013 (78 FR 6251). For certain airplanes, the NPRM proposed to require repetitive inspections of the MLG pivots, truck beam bushings, and inner cylinder bushings. For all airplanes, the NPRM proposed to require a maintenance program revision, one-time inspections of the MLG truck beam, and related investigative and corrective actions (including configuration changes) if necessary; accomplishment of these actions would terminate the repetitive inspections. \n\nComments \n\n\n\tWe gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (78 FR 6251, January 30, 2013) and the FAA's response to each comment. \n\nSupport for NPRM (78 FR 6251, January 30, 2013) \n\n\n\tAmerican Airlines (American) noted no issue with this proposed AD (78 FR 6251, January 30, 2013), and reported that the proposed compliance time will allow the work to be done during normal gear overhaul. \n\nRequest To Clarify Applicability \n\n\n\tAviation Partners Boeing (APB) stated that the installation of winglets per supplemental type certificate (STC) ST01920SE (http:// rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/ 082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf) does not affect the accomplishment of the manufacturer's service instructions. Delta Airlines (Delta) noted that several previous ADs have included similar information about the APB winglet modification, and requested that we clarify the applicability of the NPRM (78 FR 6251, January 30, 2013) by including this provision. \n\tWe agree. We have re-designated paragraph (c) as (c)(1) and added paragraph (c)(2) to this final rule, which states that STC ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/ 082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ''change in product'' alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of Section 39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other AMOC requests, the operator must request approval of an AMOC in accordance with the procedures specified in paragraph (n) of this AD. \n\nRequest To Extend Compliance Time \n\n\n\tUPS requested that we revise paragraph (g) of the NPRM (78 FR 6251, January 30, 2013) to specify the repetitive interval for the lubrication schedule (as referenced in Boeing Service Bulletin 767- 32A0227, Revision 1, dated September 13, 2012). UPS stated that changing the current interval (14 days or 50 flight cycles) to 650 flight hours would provide adequate lubrication and a simplified method of trackingcompliance with the lubrication interval. UPS stated that the \n\n((Page 61165)) \n\nlubrication could be scheduled along with the lubrication of other components located in that area, which is required by AD 2006-07-14, Amendment 39-14541 (71 FR 17691, April 7, 2006), for certain Model 767- 200, -300, and -300F series airplanes. UPS added that the NPRM's proposed compliance time of 14 days/50 flight cycles to lubricate the MLG truck pivot pin conflicts with the existing UPS maintenance program, 14 days/30 flight cycles, and does not add any increased benefit to safety. \n\tWe disagree with the request, in light of the number of cracks that have been found in inner cylinder pivot bores due to friction-generated heat damage. More frequent lubrication reduces friction in the joint. Also, the Boeing 767-200/-300/-300F maintenance planning document was previously changed to specify 14 days/50 flight cycles for these actions. Under the provisions of paragraph (n) of this final rule, however, we may consider individual requests for adjustments to the compliance time if data are submitted to substantiate that such an adjustment would provide an acceptable level of safety. We have not changed the final rule regarding this issue. \n\nRequest To Revise Inspection Requirements \n\n\n\tParagraph (h) of the NPRM (78 FR 6251, January 30, 2013) specified ''detailed and etch inspections'' for Model 767-400ER airplanes. Boeing requested that we limit this requirement to a ''detailed inspection.'' Boeing reported that the referenced service information for this proposed requirement erroneously specifies ''detailed and etch inspections'' in table 2 of paragraph 1.E., ''Compliance,'' of Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012. Boeing explained that etch inspections do not apply to Model 767-400ER airplanes (Group 1) because those truck and inner cylinder pivot lugs are chrome plated. Boeing stated that affected operators will be notified of this error,which will be corrected when this service bulletin is revised. Boeing noted that the error appears only in paragraph 1.E., ''Compliance''--and not the Work Instructions (Parts 6 and 7)--of this service bulletin. \n\tWe agree with the request for the reasons provided by the commenter. We have revised paragraph (h) in this final rule accordingly. \n\nRequest To Revise Inspection Condition: Wear \n\n\n\tParagraph (h) of the NPRM (78 FR 6251, January 30, 2013) specified inspections to detect, among other things, ''wear'' of the MLG pivot pins. Boeing asserted that, since wear is a normal occurrence, ''wear'' should be changed to ''wear beyond limits'' to correspond to this condition as described in Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012. \n\tWe agree that clarification is necessary. Specific wear limits are defined in condition 4, table 5, of paragraph 1.E., ''Compliance,'' of Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012. No change to this final rule is necessary. \n\nRequest To Revise Inspection Condition: Grease in Inner Diameters \n\n\n\tParagraph (h) of the NPRM (78 FR 6251, January 30, 2013) also specified inspections to detect ''grease not present in the bushing inner diameter.'' Boeing contended this step is unnecessary, since operators must clean the pivot joint before the inspection, so there would be no grease present on the bushing inner diameters. (Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, specifies applying grease through the lube fittings as part of the inspection process to check for clogged lube passages.) Boeing therefore requested that we revise this condition to ''grease not appearing in the bushing inner diameters when applied through the lube fittings'' to more closely match the service bulletin description. \n\tWe agree with the request, for the reasons provided by the commenter. We have changed paragraph (h) in this final rule accordingly. \n\nRequest To Revise Descriptive Heading \n\n\n\tThe descriptive heading for paragraph (i) of the NPRM (78 FR 6251, January 30, 2013) was ''MLG Truck Beam Inspections.'' Boeing requested that we change this heading to ''MLG Truck Beam and Inner Cylinder Configuration Change.'' Boeing contended that this change would emphasize the main purpose of Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012--to replace the aluminum-nickel- bronze bushings with copper-nickel-tin bushings. \n\tWe agree with the commenter's request and rationale. Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, specifies this configuration change. We have revised the heading accordingly in this final rule. \n\nRequest To Clarify Inspection Locations \n\n\n\tParagraph (i) of the NPRM (78 FR 6251, January 30, 2013) specified inspections of the ''truck beam.'' Boeing requested that we revise this proposed requirement to add inspection of the ''inner cylinders.'' Boeing stated that the mainpurpose of Boeing Service Bulletin 767- 32A0227, Revision 1, dated September 13, 2012, is to replace the truck beam and inner cylinder pivot-joint bushings, and asserted that the NPRM omitted the inner cylinder bushings and emphasized the inspection process rather than the configuration change. \n\tWe agree with the request and have changed paragraph (i) accordingly in this final rule. \n\nRequest To Include Heat Damage as an Inspection Condition \n\n\n\tParagraph (i) of the NPRM (78 FR 6251, January 30, 2013) specified inspections to detect, among other things, ''distress, corrosion, and cracking.'' Boeing requested that we add ''heat damage'' to these conditions to more closely match the language of Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012. Boeing stated that heat damage, explicitly identified as a condition in this service bulletin, is the primary type of damage to be expected. \n\tWe agree to clarify the possible findings of the inspection. Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, specifies various conditions based on the airplane group, and heat damage is identified as one of those conditions. We have changed paragraph (i) in this final rule to clarify that the inspection is intended to detect ''applicable discrepancies'' specified in Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012. \n\nRequest To Allow Terminating Action per Service Information \n\n\n\tParagraph (k)(2) of the NPRM (78 FR 6251, January 30, 2013) specified that overhaul of the MLG and installation of certain truck beam and inner cylinder bushings terminate the inspection requirements, if those actions are done using an FAA-approved alternative method of compliance (AMOC). Boeing stated that the MLG overhaul includes investigative and corrective actions that are equivalent to those found in Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, so an overhaul should be an acceptable substitute for those actions. Boeing stated that most or all operators are expected to use the overhaul option, which is available in this service bulletin, so FAA approval of this service bulletin would make the process for requesting AMOC approval (as specified \n\n((Page 61166)) \n\nin paragraph (k)(2) of the NPRM) unnecessary. \n\tWe disagree with the request because the overhaul procedures necessary to address the unsafe condition identified in this AD would encompass significantly more work than the commenter described. Operators must contact the FAA to obtain approval for an acceptable method to ensure that the overhaul meets the requirement of this AD. We have not changed the final rule regarding this issue. \n\nRequest To Include Part References \n\n\n\tDelta requested that we clarify the proposed actions specified in paragraphs (h) and (i) of the NPRM (78 FR 6251, January 30, 2013) by also identifying the applicable Parts of the Accomplishment Instructions of Boeing Service Bulletin767-32A0227, Revision 1, dated September 13, 2012. \n\tWe agree with the request. We have added references to ''Part 2'' in paragraph (h) of this final rule and ''Part 3'' in paragraph (i) of this final rule. \n\nRequest To Account for Related AD \n\n\n\tUPS requested that we revise paragraph (b) of the NPRM (78 FR 6251, January 30, 2013) to refer to AD 2006-07-14, Amendment 39-14541 (71 FR 17691, April 7, 2006). UPS stated that the new copper-nickel-tin bushing material (identified in the NPRM and Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012), replaces the aluminum-nickel-bronze bushing material specified in AD 2006-07-14. UPS asserted that compliance with both the NPRM and AD 2006-07-14 cannot be concurrently satisfied because the NPRM, which would require use of copper-nickel-tin material, conflicts with AD 2006-07-14, which requires use of aluminum-nickel-bronze bushing material. UPS stated that Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, explains that use of the new copper-nickel-tin bushing material is an AMOC to AD 2006-07-14, and requested that we revise the NPRM to include this AMOC. \n\tWe find that clarification is necessary. Paragraph 1.F., ''Approval,'' of Boeing Service Bulletin 767-32A0227, Revision 1, dated September 13, 2012, already addresses the issue raised by the commenter. Specifically, paragraph (j) of AD 2006-07-14, Amendment 39- 14541 (71 FR 17691, April 7, 2006), specifies installing aluminum- nickel-bronze bushings as part of the terminating action. This final rule requires replacement of those aluminum-nickel-bronze bushings with bushings made of copper-nickel-tin material. Using a copper-nickel-tin bushing is considered to be an AMOC for installing an aluminum-nickel- bronze bushing, when installed as part of the terminating action for paragraph (j) of AD 2006-07-14. As requested by the commenter, we changed paragraph (b) of this final rule to clarify that this AD affects AD 2006-07-14. \n\nRequests To Correct Typographical Error \n\n\n\tBoeing and Delta noted a typographical error in paragraph (h) of the NPRM (78 FR 6251, January 30, 2013), which incorrectly specified inspecting ''pivots'' instead of ''pivot pins.'' \n\tWe acknowledge the error and have corrected paragraph (h) in this final rule accordingly. \n\nConclusion \n\n\n\tWe reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously--and minor editorial changes. We have determined that these minor changes: \n\t(Agr)re consistent with the intent that was proposed in the NPRM (78 FR 6251, January 30, 2013) for correcting the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the NPRM (78 FR 6251, January 30, 2013). \n\tWe also determined that these changes will not increase the economic burden on any operator or increase the scope of thisAD. \n\nCosts of Compliance \n\n\n\tWe estimate that this AD affects 420 airplanes of U.S. registry. We estimate the following costs to comply with this AD: \n\n\n\tEstimated Costs ---------------------------------------------------------------------------------------------------------------- \n\tNumber of \n\taffected Cost on U.S. \n\tAction Labor cost Parts cost Cost per product U.S. operators \n\tairplanes ---------------------------------------------------------------------------------------------------------------- Maintenance program revision.. 1 work-hour x $85 $0 $85.............. 420 $35,700. \n\tper hour = $85. Repetitive inspections........ 59 work-hours x 0 $5,015 per 38 $190,570 per \n\t$85 per hour = inspection cycle. inspection \n\t$5,015 per cycle. \n\tinspection cycle. One-time inspections.......... 147 work-hours x 0 $12,495.......... 420 $5,247,900. \n\t$85 per hour = \n\t$12,495. ---------------------------------------------------------------------------------------------------------------- \n\n\n\tWe have received no definitive data that would enable us to provide cost estimates for the on-condition actions (including related investigative actions, configuration changes, and corrective actions) specified in this AD. \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\n((Page 61167)) \n\n\n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a ''significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), \n\t(3) Will not affect intrastate aviation in Alaska, and \n\t(4) Will nothave a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.