[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Rules and Regulations]
[Pages 21069-21071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-87-AD; Amendment 39-12200; AD 2001-08-23]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 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 767-200 series airplanes. This 
action requires repetitive inspections for cracking of the outboard 
pitch load fittings of the wing front spar, and corrective action, if 
necessary. This action also provides a terminating action for the 
repetitive inspections, which is optional for uncracked pitch load 
fittings. This action is necessary to find and fix cracking of the 
outboard pitch load fittings of the wing front spar, which could lead 
to loss of the upper link load path and result in separation of the 
strut and engine from the airplane. This action is intended to address 
the identified unsafe condition.

DATES: Effective May 14, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 14, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before June 26, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-87-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-87-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: John Craycraft, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2782; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received reports that fatigue 
cracking of the outboard pitch load fittings on the wing front spar has 
been found on certain Boeing Model 767-200 series airplanes. Recently, 
the FAA has received new reports that such fatigue cracking was found 
on four out of seven inspected airplanes. The outboard pitch load 
fittings on the wing front spar are part of the upper link load path. 
Such cracking, if not corrected, could lead to loss of the upper link 
load path and result in separation of the strut and engine from the 
airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-
57A0070, Revision 1, dated November 16, 2000, which describes 
procedures for repetitive high frequency eddy current (HFEC) 
inspections for cracking of the outboard pitch load fitting of the wing 
front spar on the left and right sides of the airplane, and corrective 
action, if necessary. The corrective action involves rework or 
replacement of cracked parts. The service bulletin also describes 
procedures for replacement of the outboard pitch load fittings with new 
fittings of improved design. These procedures include an HFEC 
inspection for damage of fastener holes, and repair of damaged fastener 
holes (if necessary). Installation of new, improved fittings eliminates 
the need for the repetitive inspections described in the service 
bulletin.
    Boeing Service Bulletin 767-57A0070, Revision 1, refers to Boeing 
Service Bulletin 767-57-0053 as an additional source of service 
information for accomplishment of the replacement of the outboard pitch 
load fitting on Model 767-200 series airplanes.

Explanation of the Requirements 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 find and fix cracking of the outboard pitch load 
fittings of the wing front spar, which could lead to loss of the upper 
link load path and result in separation of the strut and engine from 
the airplane. This AD requires accomplishment of the actions specified 
in Boeing Service Bulletin 767-57A0070, Revision 1, described 
previously, except as discussed below.

Differences Between This AD and Service Bulletin

    This AD differs from Boeing Service Bulletin 767-57A0070, Revision 
1, in the following ways:
     The service bulletin instructs that the manufacturer 
should be contacted for rework instructions. However, this AD requires 
such rework to be accomplished per a method approved by the FAA, or per 
data meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager of the Seattle Aircraft Certification Office, 
to make such findings.
     The service bulletin specifies a compliance time of 180 
days after receipt of the service bulletin for accomplishment of the 
initial inspection per that service bulletin. However, this AD requires 
accomplishment of the initial inspection within 30 days after the 
effective date of this AD. In developing an appropriate compliance time 
for this AD, the FAA considered not only the manufacturer's 
recommendation, but the degree of urgency associated with addressing 
the subject unsafe condition, and, in particular, the recent reports 
indicating that cracked pitch load fittings were found on four of seven 
inspected airplanes. In light of all of these factors, the FAA finds a 
30-day compliance time for completing the required inspection to be 
warranted, in that it represents an

[[Page 21070]]

appropriate interval of time allowable for affected airplanes to 
continue to operate without compromising safety.

Interim Action

    This is considered to be interim action. The FAA is currently 
considering requiring the replacement of the outboard pitch load 
fitting of the wing front spar with a new, improved fitting, which is 
provided in this AD as optional for uncracked pitch load fittings, and 
which would terminate the repetitive inspections required by this AD 
action. However, the planned compliance time for the replacement is 
sufficiently long so that notice and opportunity for prior public 
comment will be practicable.

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 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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 2001-NM-87-AD.'' The postcard will be date-stamped and 
returned to the commenter.

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.
    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:

2001-08-23  Boeing: Amendment 39-12200. Docket 2001-NM-87-AD.

    Applicability: Model series airplanes, as listed in Boeing 
Service Bulletin 767-57A0070, Revision 1, dated November 16, 2000, 
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 (e) 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 find and fix cracking of the outboard pitch load fittings of 
the wing front spar, which could lead to loss of the upper link load 
path and result in separation of the strut and engine from the 
airplane, accomplish the following:

Initial and Repetitive Inspections

    (a) Within 30 days after the effective date of this AD, perform 
a high frequency eddy current (HFEC) inspection for cracking of the 
outboard pitch load fitting of the wing front spar, on the left and 
right sides of the airplane, according to Boeing Service Bulletin 
767-57A0070, Revision 1, dated November 16, 2000. If no cracking is 
found, repeat the inspection at least every 3,000 flight cycles or 
18 months, whichever occurs first, until paragraph (c) of this AD is 
done.

    Note 2: Inspections done prior to the effective date of this AD, 
in accordance with Boeing Service Bulletin 767-57A0070, dated March 
2, 2000, as revised by Information Notice 767-57A0070 IN 01, dated 
March 23, 2000, are considered acceptable for compliance with 
paragraph (a) of this AD.

Corrective Action

    (b) If any cracking is found during any inspection per paragraph 
(a) of this AD, prior to further flight, do paragraph (b)(1) or 
(b)(2) of this AD.
    (1) Rework the cracked outboard pitch load fitting according to 
a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA; or according to 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 rework method to 
be approved by the Manager, Seattle ACO, as required by this 
paragraph, the Manager's approval letter must specifically reference 
this AD.

[[Page 21071]]

    (2) Replace the cracked outboard pitch load fitting with a new, 
improved fitting (including removing the existing fittings, 
performing an HFEC inspection for damage of fastener holes, 
repairing damaged fastener holes--if necessary, and installing new 
fittings of improved design), according to Boeing Service Bulletin 
767-57A0070, Revision 1, dated November 16, 2000. Such replacement 
terminates the repetitive inspections required by paragraph (a) of 
this AD for the replaced fitting.

    Note 3: Boeing Service Bulletin 767-57A0070, Revision 1, refers 
to Boeing Service Bulletin 767-57-0053 as an additional source of 
service information for accomplishment of the replacement of the 
outboard pitch load fitting on Model 767-200 series airplanes.

Optional Terminating Action

    (c) Replacement of the outboard pitch load fitting of the wing 
front spar with a new, improved fitting, according to Boeing Service 
Bulletin 767-57A0070, Revision 1, dated November 16, 2000, 
terminates the repetitive inspections required by paragraph (a) of 
this AD for the replaced fitting.

Spares

    (d) As of the effective date of this AD, no one may install on 
any airplane an outboard pitch load fitting that has a part number 
listed in the ``Existing Part Number'' column of Paragraph 2.E. of 
Boeing Service Bulletin 767-57A0070, Revision 1, dated November 16, 
2000.

Alternative Methods of Compliance

    (e) 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 4: 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

    (f) 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

    (g) Except as provided by paragraph (b)(1) of this AD, the 
actions shall be done in accordance with Boeing Service Bulletin 
767-57A0070, Revision 1, dated November 16, 2000. 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.

Effective Date

    (h) This amendment becomes effective on May 14, 2001.

    Issued in Renton, Washington, on April 18, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-10176 Filed 4-26-01; 8:45 am]
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