[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Rules and Regulations]
[Pages 4328-4331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1691]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-385-AD; Amendment 39-12609; AD 2002-01-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
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, -300, and -300F series 
airplanes. This action requires repetitive inspections of the 
lubrication passage and link assembly joint in the inboard and outboard 
flaps of the trailing edge for discrepancies, and corrective action, if 
necessary. This action is necessary to prevent failure of the bearings 
in the link assembly joint, which could result in separation of the 
outboard flap and consequent loss of control of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective February 14, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 14, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before April 1, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-385-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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-385-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

[[Page 4329]]

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 indicating that 
fractured bearings and blocked lubrication passages of the link 
assembly joint in the inboard and outboard flaps of the trailing edge 
were found on certain Boeing Model 767 series airplanes. The fractured 
bearings cause looseness in the joint, resulting in damage to the joint 
pin, the link assembly bore, and another joint fitting. The bearings 
were thought to have fractured due to lack of lubrication to the joint, 
which was caused by shot peen pellets blocking the lubrication passage. 
However, further data revealed that failure of the bearings can occur 
even when they are properly lubricated. Such failure in the link 
assembly joint, if not found and fixed, could result in separation of 
the outboard flap and consequent loss of control of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-27A0167, dated December 7, 2000, which describes procedures for 
initial and repetitive inspections of the lubrication passage and link 
assembly joint in the inboard and outboard flaps of the trailing edge 
for discrepancies (blocked lubrication passage, fractured bearings, 
loose or damaged joint). The service bulletin also provides corrective 
action for the repetitive inspections and states that it eliminates the 
need for continued inspections. The corrective action includes removal 
and inspection of the link assembly for damage, and replacement of the 
link assembly with a new assembly if damage is found.

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 prevent failure of the bearings in the link assembly 
joint. This AD requires repetitive inspections of the lubrication 
passage and link assembly joint in the inboard and outboard flaps of 
the trailing edge for discrepancies, and corrective action, if 
necessary. The actions are required to be accomplished in accordance 
with the service bulletin described previously, except as discussed 
below.

Differences Between Alert Service Bulletin and This AD

    Part 2 of the Accomplishment Instructions of the service bulletin 
provides for a terminating action that involves replacing the link 
assemblies in the inboard and outboard flaps of the trailing edge. 
Because of the recent failure of a bearing that was properly 
lubricated, the FAA does not currently recognize that action as 
terminating action for the repetitive inspections described previously. 
Therefore, while this AD requires replacement of the link assemblies as 
corrective action, the FAA does not recognize such replacement as 
terminating action, so the repetitive inspections must continue.
    The compliance time for the initial inspections of the lubrication 
passage and link assembly joint in the inboard and outboard flaps of 
the trailing edge, as specified in the service bulletin, is within 90 
days for Group 1 airplanes, or within 18 months for Group 2 airplanes. 
For airplanes that have done Part 2 of the service bulletin, this AD 
requires the initial inspection be done within 6 months after the 
effective date of this AD. For airplanes that have not done Part 2 of 
the service bulletin, this AD requires the initial inspection be done 
within 90 days after the effective date of this AD or within 36 months 
after date of manufacture of the airplane, whichever is later.
    The service bulletin also specifies doing follow-on repetitive 
inspections every 60 days if the lubrication passage is blocked and no 
fractured bearing or loose or damaged joint is found, until 
accomplishment of the terminating action within 24 months after the 
initial inspections. This AD requires doing repetitive inspections 
every 30 days if the lubrication passage is blocked and no fractured 
bearing or loose or damaged joint is found, then accomplishment of the 
corrective action within 6 months after doing the initial inspections, 
and repetitive inspections every 6 months after that. This AD also 
requires doing the repetitive inspections every 6 months if the 
lubrication passage is not blocked and no fractured bearing or loose or 
damaged joint is found. The FAA has determined that these compliance 
times represent the maximum interval of time allowable for affected 
airplanes to continue to safely operate before the required actions are 
accomplished.
    In addition, the service bulletin does not identify the type of 
inspection that is involved in the procedures for inspecting the 
lubrication passage and link assembly joint in the inboard and outboard 
flaps of the trailing edge. The FAA refers to this inspection in the AD 
as a ``general visual'' inspection.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking. The 
final action may require accomplishment of Part 2 of the Accomplishment 
Instructions of the service bulletin, in addition to a new terminating 
action that may be developed. The new action may specifically address 
the failure of properly lubricated bearings, and the two actions may 
have different compliance thresholds.

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.

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     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-385-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:

2002-01-15  Boeing: Amendment 39-12609. Docket 2001-NM-385-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes, 
line numbers 1 through 819 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 (c) 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 bearings in the link assembly joint in 
the inboard and outboard flaps of the trailing edge, which could 
result in separation of the outboard flap and consequent loss of 
control of the airplane, accomplish the following:

Initial Inspection

    (a) Do general visual inspections of the lubrication passage and 
link assembly joint in the inboard and outboard flaps of the 
trailing edge for discrepancies (e.g., lubrication passage blocked, 
fractured bearing, loose or damaged joint), at the times specified 
in paragraph (a)(1) or (a)(2) of this AD, as applicable; per Part 1 
of the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-27A0167, dated December 7, 2000.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) For airplanes that have done Part 2 of the Accomplishment 
Instructions of the service bulletin: Within 6 months after the 
effective date of this AD.
    (2) For airplanes that have not done Part 2 of the 
Accomplishment Instructions of the service bulletin: Within 90 days 
after the effective date of this AD or within 36 months after date 
of manufacture of the airplane, whichever is later.

Repetitive Inspections/Corrective Action

    (b) Do the actions required by paragraph (b)(1), (b)(2), or 
(b)(3) of this AD, as applicable, at the time specified, per the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
27A0167, dated December 7, 2000.
    (1) If the lubrication passage is not blocked and no fractured 
bearing or loose or damaged joint is found, repeat the inspection 
required by paragraph (a) of this AD every 6 months.
    (2) If the lubrication passage is blocked and no fractured 
bearing or loose or damaged joint is found, repeat the inspection 
required by paragraph (a) of this AD every 30 days, and within 6 
months after doing the initial inspection, do the actions required 
by paragraph (b)(3) of this AD.
    (3) If any fractured bearing or loose or damaged joint is found, 
before further flight, do the corrective action (including removal 
of the link assembly, inspection for damage, and replacement with a 
new assembly if damaged), as specified in Part 2 of the 
Accomplishment Instructions of the service bulletin. Then repeat the 
inspections required by paragraph (a) of this AD every 6 months.

Alternative Methods of Compliance

    (c) 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). 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 3: 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

    (d) 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

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 767-27A0167, dated December 7, 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

    (f) This amendment becomes effective on February 14, 2002.


[[Page 4331]]


    Issued in Renton, Washington, on January 16, 2002.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-1691 Filed 1-29-02; 8:45 am]
BILLING CODE 4910-13-U