[Federal Register: May 5, 2004 (Volume 69, Number 87)]
[Rules and Regulations]
[Page 24947-24950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my04-10]
[[Page 24947]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-275-AD; Amendment 39-13603; AD 2004-09-14]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Series Airplanes
Powered by General Electric or Pratt & Whitney Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Boeing Model 767 series airplanes powered
by General Electric or Pratt & Whitney engines, that currently requires
repetitive inspections to detect discrepancies of the four aft-most
fastener holes in the horizontal tangs of the midspar fitting of the
strut, and corrective actions, if necessary. That AD also provides an
optional terminating action for repetitive inspections. This amendment
expands the area on which the inspections are required. The actions
specified by this AD are intended to prevent fatigue cracking in the
primary strut structure and reduced structural integrity of the strut,
which could result in separation of the strut and engine. This action
is intended to address the identified unsafe condition.
DATES: Effective June 9, 2004.
The incorporation by reference of Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002, as listed in the
regulations, is approved by the Director of the Federal Register as of
June 9, 2004.
The incorporation by reference of Boeing Service Bulletin 767-
54A0101, Revision 1, dated February 3, 2000, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of May 15, 2001 (66 FR 18523, April 10, 2001).
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, 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 National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington; 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 2001-07-05,
amendment 39-12170 (66 FR 18523, April 10, 2001), which is applicable
to certain Boeing Model 767 series airplanes powered by General
Electric or Pratt & Whitney engines, was published in the Federal
Register on December 8, 2003 (68 FR 68308). The action proposed to
continue to require repetitive inspections to detect discrepancies of
the four aft-most fastener holes in the horizontal tangs of the midspar
fitting of the strut, and corrective actions, if necessary. The action
also proposed to continue to provide an optional terminating action for
repetitive inspections. In addition, the action proposed expanding the
area on which the inspections are required.
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.
Concurs With the Proposed AD
One commenter concurs with the contents of the proposed AD.
Request To Clarify the Difference Between the Proposed AD and the
Service Bulletin
One commenter requests clarification of the difference between the
proposed AD and the service bulletin. The commenter's understanding of
the intent of the ``Difference Between Proposed Rule and Service
Bulletin'' paragraph of the proposed AD is that operators are allowed
to inspect the four forward fastener holes not inspected per paragraph
(a)(1), (a)(2), or (b) of the proposed AD at the next repetitive
inspection specified in Table 1 of the proposed AD for all eight
fastener holes. However, the commenter notes that paragraph (e) of the
proposed AD requires, within 10,000 total flight cycles or 600 flight
cycles after the effective date of this AD, whichever occurs later,
inspection of all eight aft-most fastener holes or the four forward
fastener holes not inspected per paragraph (a)(1), (a)(2), or (b) of
the proposed AD. The commenter states that paragraph (e) appears to
contradict the ``Difference Between Proposed Rule and Service
Bulletin'' paragraph in that the compliance time of within 600 flight
cycles specified by paragraph (e) would require the inspection of the
four fastener holes not inspected per paragraph (a)(1), (a)(2), or (b)
prior to the next repetitive inspection specified in Table 1 of the
proposed AD.
The FAA agrees that clarification of the difference between the
proposed AD and the service bulletin is necessary in the final rule.
The commenter is correct in its understanding of paragraph (e) that the
compliance time of within 600 flight cycles would require the
inspection of the four fastener holes not inspected per paragraph
(a)(1), (a)(2), or (b) prior to the next repetitive inspection
specified in Table 1 of the proposed AD. Our intention in the
``Difference Between Proposed Rule and Service Bulletin'' paragraph was
to allow operators to inspect the four forward fastener holes inspected
per paragraph (a)(1), (a)(2), or (b) of the proposed AD at the next
repetitive inspection specified in Table 1 of the proposed AD. In our
explanation in that paragraph, we did not include the phrase ``not
inspected per paragraph (a)(1), (a)(2), or (b)'' when we stated,
``during the first detailed inspection, this proposed AD allows for the
inspection of only four of the aft most fastener holes.'' However, no
change to the final rule is necessary in this regard, since the
``Difference Between Proposed Rule and Service Bulletin'' paragraph is
not restated in the final rule.
Request To Revise Wording in Paragraph (f) of the Proposed AD
One commenter requests that the wording in paragraph (f) of the
proposed AD be revised to ``Perform the follow-on actions specified in
paragraph (a)(1) or (a)(2) of this AD.'' The commenter states that if
no cracking or discrepancy is detected during the inspections required
by paragraph (e) of the proposed AD, paragraph (f) requires operators
to ``Perform the follow-on actions specified in paragraph (a)(2)(i) or
(a)(2)(ii) of this AD * * * and repeat the inspections of all eight
aft-most fastener holes thereafter at the applicable intervals
specified in Table 1 of this AD.'' The commenter contends this implies
that the detailed inspection required by paragraph (a)(1) of the
proposed AD is not allowed as an option for repeat inspections.
However, the commenter points out that Table 1 of the proposed AD
implies that detail inspections are an option. Revising the
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wording to ``Perform the follow-on actions specified in paragraph
(a)(2)(i) or (a)(2)(ii) of this AD'' would allow either detailed
inspections or high frequency eddy current (HFEC) inspections for the
repeat inspections.
We agree with the commenter that paragraph (f) needs to be revised.
Either detailed inspections or HFEC inspections are allowed for the
repeat inspections. However, we do not agree with the wording suggested
by the commenter. Follow-on actions specified in paragraphs (a)(2)(i)
and (a)(2)(ii), as applicable, are required if operators did the HFEC
inspections required by paragraph (a)(2). There are no follow-on
actions if operators did the detailed inspection required by paragraph
(a)(1). Repeat inspections are required for operators that did either
the detailed inspection or the HFEC inspections. We have revised
paragraph (f) of the final rule and added paragraph (g) to the final
rule to clarify this issue. Also, we have revised the paragraph
numbering for the remainder of the final rule accordingly.
Request To Allow an Alternate Sealant
One commenter requests that part number (P/N) RTV108 be allowed as
an alternate sealant to P/N BMS 5-95 for actions required by paragraph
(d) of the proposed AD. The commenter did not submit justification for
this request. The commenter did refer to Boeing's concurrence with this
substitution via a telex but the telex was not submitted.
We do not agree with the request to allow P/N RTV108 as an
alternate sealant. However, under the provisions of paragraph (k) of
the final rule, we may consider requests for approval of an alternative
method of compliance if sufficient data are submitted to substantiate
that such a design change would provide an acceptable level of safety.
Clarification of Corrective Action Requirements
The corrective actions specified in paragraph (h) of the proposed
AD are to be accomplished ``if any cracking or discrepancy is detected
during any inspection required by paragraph (e) of this AD.'' Since
paragraphs (f) and (g) of the final rule require the repetitive
inspections specified in paragraph (e), we determined that adding
paragraphs (f) and (g) to paragraph (h) of the final rule would clarify
the corrective action requirements. Accordingly, we have revised
paragraph (h) of the final rule: ``If any cracking or discrepancy is
detected during any inspection required by paragraphs (e), (f), or (g)
of this AD * * *''
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 625 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 263 airplanes of U.S. registry
will be affected by this AD.
The detailed inspection that is required in this AD action will
take approximately 1 work hour per airplane to accomplish, at an
average labor rate of $65 per work hour. Based on these figures, the
cost impact of the required inspection on U.S. operators is estimated
to be $17,095, or $65 per airplane, per inspection cycle.
The eddy current inspection that is required by the AD action will
take approximately 3 work hours per airplane to accomplish, at an
average labor rate of $65 per work hour. Based on these figures, the
cost impact of the required inspection on U.S. operators is estimated
to be $51,285, or $195 per airplane, per inspection cycle.
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 39-12170 (66 FR
18523, April 10, 2001), and by adding a new airworthiness directive
(AD), amendment 39-13603, to read as follows:
2004-09-14 Boeing: Amendment 39-13603. Docket 2002-NM-275-AD.
Supersedes AD 2001-07-05, Amendment 39-12170.
Applicability: Model 767 series airplanes, as listed in Boeing
Service Bulletin 767-54A0101, Revision 3, dated September 5, 2002;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking in the primary strut structure and
reduced structural integrity of the strut, which could result in
separation of the strut and engine, accomplish the following:
Requirements of AD 2001-07-05
Repetitive Inspections
(a) Except as provided by paragraph (b) of this AD, before the
accumulation of 10,000 total flight cycles, or within 600 flight
cycles after May 15, 2001 (the effective date of AD 2001-07-05,
amendment 39-12170 (66 FR 18523, April 10, 2001), whichever occurs
later: Accomplish the inspections required by paragraph (a)(1) or
(a)(2) of this AD, as applicable.
(1) Perform a detailed inspection of the four aft-most fastener
holes in the horizontal tangs of the midspar fitting of the strut to
detect cracking, in accordance with Part 1, ``Detailed Inspection,''
of the
[[Page 24949]]
Accomplishment Instructions of Boeing Service Bulletin 767-54A0101,
Revision 1, dated February 3, 2000. If no cracking is detected,
repeat the inspection thereafter at the applicable intervals
specified in Table 1, ``Reinspection Intervals for Part 1--Detailed
Inspection'' included in Figure 1 of the service bulletin.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(2) Perform a high frequency eddy current inspection of the four
aft-most fastener holes in the horizontal tangs of the midspar
fitting of the strut to detect discrepancies (cracking, incorrect
fastener hole diameter), in accordance with Part 2, ``High Frequency
Eddy Current (HFEC) Inspection,'' of the Accomplishment Instructions
of the service bulletin. Accomplish the requirements specified in
paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as applicable; and
repeat the inspection thereafter at the applicable intervals
specified in Table 2, ``Reinspection Intervals for Part 2--HFEC
Inspection'' included in Figure 1 of the service bulletin.
(i) If no cracking is detected and the fastener hole diameter is
less than or equal to 0.5322 inch, before further flight, rework the
hole in accordance with Part 3 of the Accomplishment Instructions of
the service bulletin.
(ii) If no cracking is detected and the fastener hole diameter
is greater than 0.5322 inch, before further flight, accomplish the
requirements specified in either paragraph (c)(1) or (c)(2) of this
AD.
(b) For airplanes on which the two aft-most fasteners have been
inspected in accordance with Boeing Service Bulletin 767-54A0101,
Revision 1, dated February 3, 2000, prior to May 15, 2001: Perform
the initial inspection of the four aft-most fasteners in accordance
with paragraph (a) of this AD before the accumulation of 10,000
total flight cycles, or within 1,500 flight cycles after May 15,
2001, whichever occurs later.
Corrective Actions
(c) If any cracking is detected after accomplishment of any
inspection required by paragraph (a) of this AD, before further
flight, accomplish the requirements specified in either paragraph
(c)(1) or (c)(2) of this AD.
(1) Accomplish the terminating action specified in Part 4 of the
Accomplishment Instructions of Boeing Service Bulletin 767-54A0101,
Revision 1, dated February 3, 2000; or Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002. Accomplishment of this
paragraph terminates the requirements of this AD.
(2) Replace the midspar fitting of the strut with a serviceable
part, or repair in accordance with a method approved by the Manager,
Seattle Aircraft Certification Office (ACO), FAA. Repeat the
applicable inspection thereafter at the applicable time specified in
paragraph (a)(1) or (a)(2) of this AD.
(d) If any discrepancies (cracking, incorrect fastener hole
diameter) are detected during any inspection required by paragraph
(a) of this AD, for which the service bulletin specifies that the
manufacturer may be contacted for disposition of those repair
conditions: Before further flight, accomplish the corrective actions
(including fastener hole rework and/or midspar fitting replacement)
in accordance with a method approved by the Manager, Seattle ACO; or
in accordance with data meeting the type certification basis of the
airplane approved by a Boeing Company Designated Engineering
Representative who has been authorized by the Manager, Seattle ACO,
to make such findings. For a method to be approved by the Manager,
Seattle ACO, as required by this paragraph, the Manager's approval
letter must specifically reference this AD.
New Requirements of This AD
Additional Inspections
(e) Prior to the accumulation of 10,000 total flight cycles, or
within 600 flight cycles after the effective date of this AD,
whichever occurs later: Perform the inspections specified in
paragraph (a)(1) or (a)(2) of this AD, as applicable, on all eight
aft-most fastener holes or the four forward fastener holes in the
group of eight aft-most fastener holes not inspected per paragraph
(a)(1), (a)(2), or (b) of this AD. The inspection must be done per
the Accomplishment Instructions in Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002. Accomplishment of the
applicable inspection on all eight aft-most fastener holes
constitutes terminating action for the repetitive inspection
requirements of paragraphs (a)(1), (a)(2), and (b) of this AD.
(f) If no cracking or discrepancy is detected during any
detailed inspection required by paragraph (e) of this AD, repeat the
inspections of all eight aft-most fastener holes thereafter at the
applicable intervals specified in Table 1 of this AD.
(g) If no cracking or discrepancy is detected during any HFEC
inspection required by paragraph (e) of this AD: Perform the follow-
on actions specified in paragraph (a)(2)(i) or (a)(2)(ii) of this
AD, as applicable, per the Accomplishment Instructions in Boeing
Service Bulletin 767-54A0101, Revision 3, dated September 5, 2002;
and repeat the inspections of all eight aft-most fastener holes
thereafter at the applicable intervals specified in Table 1 of this
AD.
Table 1.--Repetitive Inspection Intervals for All Eight Aft-Most
Fastener Holes
------------------------------------------------------------------------
If-- Repetitive intervals--
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(1) All eight aft-most At the applicable intervals specified in
fastener holes were Table 1, ``Reinspection Intervals for
inspected per paragraph (e) Part 1--Detailed Inspection,'' or Table
of this AD: 2, ``Reinspection Intervals for Part 2--
HFEC Inspection,'' as applicable. Both
tables are included in Figure 1 of the
service bulletin.
(2) Only the four forward At the next scheduled repetitive
fastener holes in the group inspection required by paragraph (a)(1)
of eighnt aft-most fastener or (a)(2) of this AD, as applicable.
holes were inspected per Thereafter at the applicable intervals
paragraph (e) of this AD: specified in Table 1, ``Reinspection
Intervals for Part 1--Detailed
Inspection,'' or Table 2, ``Reinspection
Intervals for Part 2--HFEC Inspection,''
as applicable. Both tables are included
in Figure 1 of the service bulletin.
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Corrective Actions
(h) If any cracking or discrepancy is detected during any
inspection required by paragraphs (e), (f), or (g) of this AD,
before further flight: Accomplish the corrective actions described
in paragraph (c) of this AD, per the Accomplishment Instructions in
Boeing Service Bulletin 767-54A0101, Revision 3, dated September 5,
2002, except as provided in paragraph (d) of this AD.
Service Bulletin Revisions
(i) Accomplishment of the terminating action in paragraph (c)(1)
of this AD, per the original release of Boeing Service Bulletin 767-
54A0101, dated September 23, 1999; or Revision 2 of Boeing Service
Bulletin 767-54A0101, dated January 10, 2002; is acceptable for
compliance with the requirements of this AD. As of the effective
date of this AD, only Revision 3 of Boeing Service Bulletin 767-
54A0101, dated September 5, 2002, may be used for accomplishment of
the terminating action in paragraph (c)(1) of this AD.
Inspections Accomplished Per Previous Issue of Service Bulletin
(j) Inspections required by paragraphs (a) and (b) of this AD
that are accomplished before the effective date of this AD per
Revision 2 of Boeing Service Bulletin 767-54A0101, dated January 10,
2002; or Revision 3 of Boeing Service Bulletin 767-54A0101, dated
September 5, 2002; are considered acceptable for compliance with the
corresponding action specified in this AD.
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Alternative Methods of Compliance
(k) In accordance with 14 CFR 39.19, the Manager, Seattle ACO,
FAA, is authorized to approve alternative methods of compliance
(AMOCs) for this AD.
Incorporation by Reference
(l) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Service Bulletin 767-54A0101,
Revision 1, dated February 3, 2000; and Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002; as applicable.
(1) The incorporation by reference of Boeing Service Bulletin
767-54A0101, Revision 3, dated September 5, 2002, 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 Service Bulletin
767-54A0101, Revision 1, dated February 3, 2000, was approved
previously by the Director of the Federal Register as of May 15,
2001 (66 FR 18523, April 10, 2001).
(3) Copies may be obtained from Boeing Commercial Airplanes,
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 National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://www.archives.
gov/federal-- register/code--of--federal --
regulations/ibr--locations.html.
Effective Date
(m) This amendment becomes effective on June 9, 2004.
Issued in Renton, Washington, on April 22, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9761 Filed 5-4-04; 8:45 am]
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