[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Pages 57577-57578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28669]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 208 / Wednesday, October 28, 1998 / 
Rules and Regulations  

[[Page 57577]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-281-AD; Amendment 39-10859; AD 98-22-12]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Boeing Model 767 series airplanes. This action 
requires repetitive detailed visual inspections to detect cracked, 
corroded, or stained collar fittings on both inboard trailing edge 
flaps; and follow-on corrective actions, if necessary. This amendment 
is prompted by a report indicating that a collar fitting suffered a 
complete fracture as a result of stress corrosion cracking. The actions 
specified in this AD are intended to prevent separation of the inboard 
trailing edge flap from the airplane due to fractured collar fittings.

DATES: Effective November 12, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 12, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before December 28, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-281-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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.

FOR FURTHER INFORMATION CONTACT: Patrick Safarian, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2775; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received a report indicating 
that an operator has found two collar fittings cracked or fractured on 
an inboard trailing edge flap of a Boeing Model 767 series airplane. 
The affected airplane was over 13 years old and had accumulated 28,300 
total flight cycles at the time the failure was discovered. These 
collar fittings are designed to attach the flap to the flap actuation 
linkage. A fractured collar fitting could cause the inboard end of the 
flap to become unrestrained, which in turn could lead to a separation 
of the entire inboard trailing edge flap. Investigation has revealed 
that the cracking initiated at corrosion pits on the internal splines 
of the collar fitting; the cracking thereafter propagated due to stress 
corrosion cracking until complete failure of the collar fitting 
occurred.
    Fractured collar fittings, if not detected and corrected, could 
result in a separation of the inboard trailing edge flap and a 
consequent reduction in the controllability of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-57A0066, Revision 1, dated August 6, 1998, which describes 
procedures for repetitive detailed visual inspections to detect 
cracking, corrosion, or staining of the collar fittings on the inboard 
trailing edge flap; and follow-on corrective actions, if necessary. The 
follow-on corrective actions include replacing any collar fitting that 
is found to be cracked and repairing any collar fitting that is found 
to be corroded.

Explanation of the Requirement of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent separation of the inboard trailing edge flap 
from the airplane due to fractured collar fittings. This AD requires 
accomplishment of the actions specified in the Boeing alert service 
bulletin described previously, except as discussed below.

Differences Between the Rule and the Relevant Service Information

    Operators should note that, although the alert service bulletin 
specifies that the manufacturer may be contacted for to obtain 
instructions for certain repair conditions, this rule requires that the 
repairs be accomplished in accordance with a method approved by the 
FAA.
    Operators should also note that although the alert service bulletin 
specifies that certain repetitive detailed visual inspection intervals 
are to be 30 days long, this rule allows these intervals to be extended 
to 45 days. The longer interval provides an acceptable level of safety.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before

[[Page 57578]]

the closing date for comments will be considered, and this rule may be 
amended in light of the comments received. Factual information that 
supports the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of the AD action and determining whether 
additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-281-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-22-12  Boeing: Amendment 39-10859. Docket 98-NM-281-AD.

    Applicability: Model 767 series airplanes, line numbers 1 
through 721 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 (b) 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 separation of the inboard trailing edge flap from the 
airplane due to fractured collar fittings, accomplish the following:
    (a) Within 8 years since the date of manufacture of the 
airplane, or within 90 days after the effective date of this AD, 
whichever occurs later, perform a detailed visual inspection of the 
collar fittings of both inboard trailing edge flaps to detect 
cracks, corrosion, or staining, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0066, Revision 1, dated August 6, 1998.
    (1) If no cracked, corroded, or stained collar fitting is found, 
repeat the detailed visual inspection required by paragraph (a) of 
this AD thereafter at intervals not to exceed 120 days.
    (2) If any cracked collar fitting is found, prior to further 
flight, install a new collar fitting in accordance with Part 2 of 
the Accomplishment Instructions of the alert service bulletin.
    (3) If any corroded collar fitting is found, prior to further 
flight, repair the corrosion in accordance with a method approved by 
the Manager, Seattle Aircraft Certification Office (ACO), FAA, 
Transport Airplane Directorate.
    (4) If any stained collar fitting is found, accomplish the 
requirements of paragraphs (a)(4)(i) and (a)(4)(ii) of this AD at 
the compliance times specified.
    (i) Repeat the detailed visual inspections required by paragraph 
(a) of this AD thereafter at intervals not to exceed 45 days; and
    (ii) Within 18 months after finding the stained collar fitting, 
accomplish Part 2 of Accomplishment Instructions of the alert 
service bulletin. If any corroded collar fitting is found, prior to 
further flight, repair the corrosion in accordance with a method 
approved by the Manager, Seattle ACO.
    (b) 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 ACO. 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.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (c) 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.
    (d) The inspections and installation shall be done in accordance 
with Boeing Alert Service Bulletin 767-57A0066, Revision 1, dated 
August 6, 1998. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. 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.
    (e) This amendment becomes effective on November 12, 1998.

    Issued in Renton, Washington, on October 21, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-28669 Filed 10-27-98; 8:45 am]
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