[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Rules and Regulations]
[Page 23384-23387]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-158-AD; Amendment 39-13137; AD 2003-09-08]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-200, -300, and -300F
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Boeing Model 767 series airplanes, that
currently requires an inspection to ensure that all bolts of the
support beam of the hinge fitting assembly on both the left- and right-
hand outboard trailing edge flaps are the correct length and type, and
correction of any discrepancy found. This amendment reduces the
applicability of the existing AD, adds inspections, and mandates
terminating action. The actions specified by this AD are intended to
prevent failure of the bolts that attach the outboard trailing edge
flap to the support beam, which could result in loss of the flap and
consequent reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Effective June 6, 2003.
The incorporation by reference of certain publications, as listed
in the regulations, is approved by the Director of the Federal Register
as of June 6, 2003.
The incorporation by reference of Boeing Alert Service Bulletin
767-27A0151, Revision 1, dated April 2, 1997, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of May 7, 1997 (62 FR 24015, May 2, 1997).
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6441; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 97-08-51,
amendment 39-10012 (62 FR 24015, May 2, 1997), which is applicable to
all Boeing Model 767 series airplanes, was published in the Federal
Register on September 30, 2002 (67 FR 61301). The action proposed to
continue to require an inspection to ensure that all bolts of the
support beam of the hinge fitting assembly on both the left- and right-
hand outboard trailing edge flaps are the correct length and type, and
correction of any discrepancy found. The action also proposed to reduce
the applicability of the existing AD, add inspections, and mandate
terminating action.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Revise Compliance Time in Paragraph (a)(2)(ii)
One commenter requests that the FAA revise the compliance time
stated in paragraph (a)(2)(ii) of the proposed AD from ``Within 30 days
after May 7, 1997,'' to ``Within 30 days after the effective date of
this AD.'' The commenter notes that some airplanes will accumulate
10,000 total flight cycles or 25,000 total flight hours after
[[Page 23385]]
June 7, 1997, and before the effective date of the new AD. These
airplanes would be out of compliance with the proposed AD as of the
effective date of the AD.
The FAA does not agree to revise the compliance time specified in
paragraph (a)(2)(ii) of this final rule. Paragraph (a) of this final
rule is a restatement of paragraph (a) of AD 97-08-51, which this AD
supersedes. June 7, 1997, is the effective date of AD 97-08-51. Our
intent is that airplanes that are subject to AD 97-08-51 comply with
the original requirements of that AD, at the original compliance times.
If the airplane is in compliance with AD 97-08-51 as of the effective
date of this new AD, then it will not be out of compliance with this AD
as of the effective date of this AD.
Relevant to this comment, we agree that we need to clarify the old
and new requirements of this AD. The headings that would normally be
used in a superseding AD to clearly identify the restated requirements
of the existing AD (e.g., ``Requirements of AD 97-08-51'') and the new
requirements (e.g., ``New Requirements of This AD'') were omitted from
the proposed AD. We have included these headings in this final rule.
For further clarification, we have made the following changes to this
final rule:
[sbull] We have reidentified paragraphs (c) and (d) of the proposed
AD as paragraphs (b) and (c) of this final rule, respectively. (Thus,
the existing requirements of AD 97-08-51 are identified with the same
paragraph lettering that they have in AD 97-08-51 and are grouped under
the heading ``Requirements of AD 97-08-51'' in this AD.)
[sbull] We have reidentified paragraph (b) of the proposed AD (the
``Repeat Inspection for Certain Airplanes'') as paragraph (d) of this
final rule, to group it with the other new requirements of this AD.
[sbull] We have added a new sentence to paragraph (d) of this final
rule (paragraph (b) of the proposed AD) to clarify that any necessary
corrective actions must be accomplished in accordance with paragraphs
(b) and (c) of this AD.
[sbull] We have revised paragraph references in paragraphs (e) and
(h) of this final rule according to the changes described previously.
Paragraph references in paragraph (j)(2) of this final rule (which was
included as paragraph (i)(2) of the proposed AD) do not need to be
revised in this final rule because the paragraph references in that
paragraph of the proposed AD were incorrect, but are correct following
the other changes to this final rule.
Give Credit for Action Accomplished Previously
One commenter requests that the FAA give credit for accomplishment
of the repeat inspection specified in paragraph (b) of the proposed AD
(paragraph (d) of this final rule) in accordance with Boeing Alert
Service Bulletin 767-27A0155, Revision 2, dated July 8, 1999. The
commenter notes that it has been accomplishing inspections in
accordance with that service bulletin since accomplishing the initial
inspection required by paragraph (a) of the existing AD.
We concur with the commenter's request. Our intent is that
accomplishment of the inspection required by paragraph (f) of this AD
or the modification required by paragraph (g) of this AD eliminates the
need to accomplish the inspection in paragraph (a) or (d) of this AD,
provided that the requirements of paragraph (f) or (g) of this AD are
accomplished within the compliance time specified in paragraph (a) or
(d) of this AD, as applicable. We have added a new paragraph (h) to
this final rule (and redesignated subsequent paragraphs accordingly) to
state that airplanes on which paragraph (f) or (g) of this AD is
accomplished within the compliance time specified in paragraph (a) or
(d) of this AD, as applicable, do not need to be inspected in
accordance with paragraph (a) or (d) of this AD.
Extend Compliance Time for Terminating Action
Two commenters request that we extend the compliance time for the
terminating action in paragraph (g) of the proposed AD. Paragraph (g)
of the proposed AD specified a compliance threshold of 6 years, 25,000
flight hours, or 12,000 flight cycles after accomplishment of paragraph
(a) of the proposed AD, whichever is first; and a grace period (for
airplanes close to or over the threshold) of 90 days after the
effective date of the AD. Both commenters note that most of the
airplanes in their fleets will be subject to the 90-day grace period
because they have passed the applicable threshold. One of the
commenters requests that we extend the compliance time to 18 months
after the effective date of the AD, so that the majority of airplanes
can be modified during a regularly scheduled ``C''-check. The second
commenter is concerned about the availability of parts needed to
accomplish the terminating action and requests that we extend the
compliance time to 5 years after the effective date of the AD.
We agree that the grace period segment of the compliance time for
the terminating action in paragraph (g) of this AD may be extended from
90 days to 18 months after the effective date of this AD. In developing
an appropriate compliance time for the terminating action, the FAA
considered not only the urgency of addressing the subject unsafe
condition and the maintenance schedules of affected operators, but also
the availability of required parts. The FAA finds that 18 months
represents an appropriate interval of time allowable for affected
airplanes to continue to operate without compromising safety and
wherein an ample number of required parts will be available for
modification of the U.S. fleet. (No data were presented to justify that
a compliance time longer than 18 months would adequately ensure
safety.) Paragraph (g) has been revised accordingly. Also, for
clarification, we have revised paragraph (g) of this final rule to move
the compliance times from that paragraph into new subparagraphs (g)(1)
and (g)(2) of this final rule.
Correct Typographical Errors in Paragraphs (g) and (h)
One commenter notes a typographical error in paragraph (g) of the
proposed AD. The word ``filters'' should be ``fillers.'' Also, that
commenter and a second commenter note that Boeing Alert Service
Bulletin 767-27A0155 is misidentified in paragraph (h) of the proposed
AD (included as paragraph (i) of this final rule) as Boeing Alert
Service Bulletin 767-29A0155. We concur and have corrected these
typographical errors in paragraphs (g) and (i) of this final rule.
Explanation of Additional Changes to Proposed AD
We have revised the applicability statement of this AD to clarify
that Boeing Model 767-400ER series airplanes are not affected by this
AD. The airplanes with line numbers 1 through 710 inclusive are Model
767-200, -300, and ``300F series airplanes.
For clarification, we have revised paragraph (f) of this final rule
to move the compliance times from that paragraph into new subparagraphs
(f)(1) and (f)(2) of this AD.
The Summary section of the proposed AD states that the proposed AD
would ``mandate terminating action for certain airplanes.'' However,
this AD mandates terminating action for all airplanes subject to this
AD. We have corrected this error in this final rule.
[[Page 23386]]
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 700 Model 767 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 287
airplanes of U.S. registry will be affected by this AD.
The actions that are currently required by AD 97-08-51 take
approximately 7 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the currently required actions on U.S. operators is estimated
to be $120,540, or $420 per airplane.
The torque check that is required by this AD action will take
approximately 2 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the torque check required by this AD on U.S. operators is
estimated to be $34,440, or $120 per airplane, per check.
The terminating action that is required by this AD action will take
approximately 3 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will cost approximately
$3,058 per airplane. Based on these figures, the cost impact of the
terminating action required by this AD on U.S. operators is estimated
to be $929,306, or $3,238 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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); and (3) 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-10012 (62 FR
24015, May 2, 1997), and by adding a new airworthiness directive (AD),
amendment 39-13137, to read as follows:
2003-09-08 Boeing: Amendment 39-13137. Docket 2002-NM-158-AD.
Supersedes AD 97-08-51, Amendment 39-10012.
Applicability: Model 767-200, -300, and -300F series airplanes;
line numbers 1 through 710 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (j)(1)
of this AD. The request should include an assessment of the effect
of the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the bolts that attach the outboard
trailing edge flap to the support beam, which could result in loss
of the flap and consequent reduced controllability of the airplane,
accomplish the following:
Requirements of AD 97-08-51
Inspection
(a) Perform an inspection to check the bolt torque, bolt length,
and type of all bolts of both hinge fittings on the left- and right-
hand outboard trailing edge flaps, in accordance with Boeing Alert
Service Bulletin 767-27A0151, Revision 1, dated April 2, 1997; or
Revision 4, excluding Evaluation Form, dated August 27, 1998.
Perform these inspections at the time specified in paragraph (a)(1)
or (a)(2) of this AD, as applicable.
(1) For airplanes that accumulated 15,000 or more total flight
cycles, or 37,500 or more total flight hours, as of May 7, 1997 (the
effective date of AD 97-08-51, amendment 39-10012): Perform the
inspection within 15 days after May 7, 1997.
(2) For all other airplanes: Perform the inspection at the later
of the times specified in paragraphs (a)(2)(i) and (a)(2)(ii) of
this AD.
(i) Prior to the accumulation of 10,000 total flight cycles, or
25,000 total flight hours, whichever occurs first.
(ii) Within 30 days after May 7, 1997.
Corrective Actions
(b) If any bolt of the hinge fittings of the left- and right-
hand outboard trailing edge flaps is below the torque check
threshold specified in Boeing Alert Service Bulletin 767-27A0151,
Revision 1, dated April 2, 1997; or Revision 4, excluding Evaluation
Form, dated August 27, 1998: Prior to further flight, accomplish the
actions specified in paragraph (b)(1) or (b)(2) of this AD, in
accordance with the alert service bulletin.
(1) Perform a dye penetrant inspection of all the bolts of the
hinge fitting to detect any cracking or discrepancy.
(i) If no cracking or discrepancy is detected, prior to further
flight, reinstall the bolt using new nuts and washers.
(ii) If any cracking or discrepancy is detected, prior to
further flight, replace the cracked or discrepant bolt with a new or
serviceable bolt.
(2) Replace all of the bolts of both hinge fittings with new or
serviceable bolts.
(c) If the length or type of any bolt of the hinge fittings of
the left- and right-hand outboard trailing edge flaps is outside the
specifications of Boeing Alert Service Bulletin 767-27A0151,
Revision 1, dated April 2, 1997; or Revision 4, excluding Evaluation
Form, dated August 27, 1998: Prior to further flight, replace the
bolt with a new or serviceable bolt in accordance with the alert
service bulletin.
[[Page 23387]]
New Requirements of This AD
Repeat Inspection for Certain Airplanes
(d) For airplanes on which the inspection required by paragraph
(a) of this AD was accomplished prior to the accumulation of 5,000
total flight cycles or 12,500 total flight hours: Repeat the
inspection required by paragraph (a) of this AD one time within 120
days after the effective date of this AD. Perform corrective
actions, as applicable, in accordance with paragraphs (b) and (c) of
this AD.
Credit for Actions Accomplished per Previous Revisions of Service
Bulletin
(e) Accomplishment of the actions specified in paragraphs (a),
(b), and (c) of this AD, in accordance with Boeing Alert Service
Bulletin 767-27A0151, dated April 1, 1997; Revision 2, dated April
10, 1997; or Revision 3, dated July 7, 1997; before the effective
date of this AD; is considered acceptable for compliance with the
applicable requirements of this AD.
Repetitive Inspections
(f) At the later of the times specified in paragraphs (f)(1) and
(f)(2) of this AD, perform an inspection to check the bolt torque of
both hinge fittings on the left- and right-hand outboard trailing
edge flaps, and retorque if applicable, in accordance with Boeing
Service Bulletin 767-27A0155, Revision 2, excluding Evaluation Form,
dated July 8, 1999. Repeat the inspection every 3 years, 12,500
flight hours, or 6,000 flight cycles, whichever is first, until
paragraph (g) of this AD has been accomplished.
(1) Within 3 years, 12,500 flight hours, or 6,000 flight cycles
after accomplishment of paragraph (a) of this AD, whichever is
first.
(2) Within 90 days after the effective date of this AD.
Terminating Action
(g) At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD, perform the terminating action (including
replacement of the six titanium bolts in each flap support fitting
with steel bolts and self-aligning washers, and installation of
radius fillers at the four aft bolt locations), in accordance with
Part 2 of the Accomplishment Instructions of Boeing Service Bulletin
767-27A0155, Revision 2, excluding Evaluation Form, dated July 8,
1999. Accomplishment of this paragraph ends the repetitive
inspections required by paragraph (f) of this AD.
(1) Within 6 years, 25,000 flight hours, or 12,000 flight cycles
after accomplishment of paragraph (a) of this AD, whichever is
first.
(2) Within 18 months after the effective date of this AD.
(h) Airplanes on which the inspection required by paragraph (f)
of this AD or the terminating action required by paragraph (g) of
this AD is accomplished within the compliance time specified in
paragraph (a) or (d) of this AD, as applicable, are not required to
accomplish the inspection required by paragraph (a) or (d) of this
AD, as applicable.
Credit for Actions Accomplished per Previous Revisions of Service
Bulletin
(i) Accomplishment of the actions specified in paragraphs (f)
and/or (g) of this AD in accordance with Boeing Alert Service
Bulletin 767-27A0155, dated August 27, 1998; or Revision 1, dated
December 22, 1998; before the effective date of this AD; is
considered acceptable for compliance with the applicable
requirements of this AD.
Alternative Methods of Compliance
(j)(1) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Seattle ACO.
(2) Alternative methods of compliance, approved previously in
accordance with AD 97-08-51, amendment 39-10012, are approved as
alternative methods of compliance with paragraphs (a), (b), and (c)
of this AD.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
Special Flight Permits
(k) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(l) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Alert Service Bulletin 767-27A0151,
Revision 1, dated April 2, 1997, or Boeing Alert Service Bulletin
767-27A0151, Revision 4, excluding Evaluation Form, dated August 27,
1998; and Boeing Service Bulletin 767-27A0155, Revision 2, excluding
Evaluation Form, dated July 8, 1999; as applicable.
(1) The incorporation by reference of Boeing Alert Service
Bulletin 767-27A0151, Revision 4, excluding Evaluation Form, dated
August 27, 1998; and Boeing Service Bulletin 767-27A0155, Revision
2, excluding Evaluation Form, dated July 8, 1999; is approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
(2) The incorporation by reference of Boeing Alert Service
Bulletin 767-27A0151, Revision 1, dated April 2, 1997, was approved
previously by the Director of the Federal Register as of May 7, 1997
(62 FR 24015, May 2, 1997).
(3) Copies may be obtained from Boeing Commercial Airplane
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Effective Date
(m) This amendment becomes effective on June 6, 2003.
Issued in Renton, Washington, on April 23, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-10511 Filed 5-1-03; 8:45 am]
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