[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Rules and Regulations]
[Pages 52401-52404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-141-AD; Amendment 39-12844; AD 2002-16-05]
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 a one-time inspection for missing bolts on the inboard and 
outboard support of the inboard main flap, and follow-on inspections 
and corrective actions, if necessary. This action is necessary to 
detect missing, loose, or cracked bolts on the supports of the inboard 
main flap and prevent loss of the inboard main flap, which could result 
in loss of control of the airplane. This action is intended to address 
the identified unsafe condition.

DATES: Effective August 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 27, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before October 11, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-141-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. 2002-NM-141-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: Technical Information: Suzanne 
Masterson, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2772; fax (425) 227-1181.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

SUPPLEMENTARY INFORMATION: The FAA has received a report indicating 
that an operator found one missing bolt and two loose bolts out of four 
bolts at the aft attachment locations on the outboard support of the 
inboard main flap on a Boeing Model 767 series airplane. There was 
evidence that the bolts were not installed tightly, though when the 
improper installation occurred has not been determined. The outboard 
support for the inboard main flap cannot carry limit load with one bolt 
missing in the aft attachment locations. Prior to this report, an 
evaluation by the airplane manufacturer had revealed that the titanium 
bolts on the inboard main flap on Model 767 series airplanes did not 
have an acceptable fatigue life or damage-tolerance rating. Missing, 
loose, or cracked bolts in this location, if not detected, could lead 
to loss of the inboard main flap, which could result in loss of control 
of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-27A0176, Revision 1, dated June 6, 2002, which describes procedures 
for a one-time general visual inspection for missing bolts on the 
inboard and outboard support of the inboard main flap. If no bolt is 
missing, the service bulletin also describes a detailed inspection for 
gaps between the nut and surrounding structure or between shim and 
joint, which would indicate a loose bolt. (For airplanes listed in 
Group 1 in the service bulletin, the service bulletin recommends that 
this inspection for gaps be done repetitively.) If any gap is found, 
the service bulletin describes procedures for a torque check of the 
bolts. If any bolt is missing or any loose bolt is found, the service 
bulletin recommends removal of all bolts in the area, accomplishment of 
a fluorescent dye penetrant inspection for cracking of the bolts, and/
or installation of new or serviceable bolts. For Group 1 airplanes, the 
service bulletin also provides instructions for replacement of the 
existing titanium bolts with new steel bolts, which eliminates the need 
for accomplishment of the inspections. For Group 1 airplanes, replacing 
the titanium bolts with new steel bolts is intended to adequately 
address the identified unsafe condition.

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 detect missing, loose, or cracked bolts on the inboard 
and outboard support of the inboard main flap and prevent loss of the 
inboard main flap, which could result in loss of control of the 
airplane. This AD requires accomplishment of the actions specified in 
the service bulletin

[[Page 52402]]

described previously, except as discussed below.

Differences Between This AD and Service Bulletin

    The effectivity listing of the service bulletin includes all Boeing 
Model 767 series airplanes, line numbers 1 through 879, except Model 
767-400ER series airplanes. However, this AD is applicable to all Model 
767 series airplanes with those line numbers, including Model 767-400ER 
series airplanes. The FAA finds that, because the attachment joints of 
the supports for the inboard main flap on Model 767-400ER series 
airplane are similar to those on other Model 767 series airplanes, 
Model 767-400ER series airplanes may be subject to the same unsafe 
condition. If any bolt is missing or any gap is found on a Model 767-
400ER series airplanes, this AD requires repairs to be accomplished 
before further flight 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 authorized by the 
FAA to make such findings.
    Although the recommended compliance time for the general visual 
inspection described in Boeing Alert Service Bulletin 767-27A0176, 
Revision 1, dated June 6, 2002, is 60 days from the issue date of the 
service bulletin, this AD requires the inspection within 90 days after 
the effective date of this AD. During the development of this AD, the 
FAA received information demonstrating that a 60-day compliance time 
would impose significant difficulties for the operators and a loss of 
in-service time. Additionally, the individuals both stated that the 
actions required would necessitate unscheduled intermediate maintenance 
visits, including specific facilities, resources, and scheduling. Two 
individuals point out that, since there have been no reported flap 
losses associated with the attachment bolts of the inboard main flap, a 
compliance time fairly longer than 60 days should provide an acceptable 
level of safety. One individual suggests that the compliance time be 
specified as, ``within 9 months after the last inspection per 
Maintenance Planning Data items 5753-655-02E and 5753-555-02E, or 180 
days after the effective date of the AD, whichever occurs later.'' The 
other individual requests that the compliance time be specified as, 
``within 6 months.'' (Copies of these comments are available in the 
Rules Docket for examination by interested persons.)
    The FAA has determined that the compliance time may be extended 
somewhat from the 60-day compliance time suggested in the alert service 
bulletin. However, we have determined that the Maintenance Planning 
Data inspections are not sufficient to detect loose bolts. Therefore, 
the compliance times may not be based on the ``last inspection per 
Maintenance Planning Data items * * *.'' The required 90-day compliance 
time will provide an acceptable level of safety, yet still decrease the 
burden on operators. However, under the provisions of paragraph (f) of 
this AD, the FAA may approve requests for adjustments to the compliance 
time if data are submitted to substantiate that such an adjustment 
would provide an acceptable level of safety.
    For all airplanes, the service bulletin specifies that an operator 
should submit a report to Boeing if any bolt is missing or cracked or 
any gap is found. This AD only requires a report to the FAA if any bolt 
is missing or any gap is found on a Model 767-400ER series airplane. 
For those airplanes, the report must contain the airplane's serial 
number, the total number of flight cycles and flight hours on the 
airplane, the number and specific location of discrepant bolts, and the 
nature of the discrepancy (i.e., missing bolt or gap found).
    Also, for Group 1 airplanes, the service bulletin specifies 
repetitive inspections for gaps between the nut and surrounding 
structure or between shim and joint, a torque check of the bolts, and 
eventual replacement of the existing bolts with steel bolts. This AD 
does not require accomplishment of these actions.

Interim Action

    This is considered to be interim action. We are currently 
considering requiring the repetitive inspections for gaps, the torque 
check for loose bolts, and the replacement of existing titanium bolts 
with steel bolts described in the referenced service bulletin. However, 
the compliance time for these actions would be 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 2002-NM-141-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.

[[Page 52403]]

    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:

2002-16-05  Boeing: Amendment 39-12844. Docket 2002-NM-141-AD.

    Applicability: Model 767 series airplanes, including Model 767-
400ER series airplanes, line numbers 1 through 879 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 (f) 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 detect missing, loose, or cracked bolts on the outboard 
support of the inboard main flap and prevent loss of the inboard 
main flap, which could result in loss of control of the airplane, 
accomplish the following:

Group 1 and 2 Airplanes: One-Time Inspection for Missing or Loose Bolts

    (a) Within 90 days after the effective date of this AD, do a 
one-time general visual inspection to determine if any bolt is 
missing from the outboard support of the inboard main flap, per Part 
2 or Part 8, as applicable, of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-27A0176, Revision 1, dated June 6, 
2002. Group 1 airplanes may comply with the replacement specified in 
paragraph (c) of this AD in lieu of the inspection in this 
paragraph, provided that the replacement per paragraph (c) of this 
AD is accomplished within the compliance time specified in this 
paragraph.

    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 from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight 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) If no bolt is missing, before further flight, do a general 
visual inspection for a gap between the nut and surrounding 
structure or between shim and joint (which would indicate a loose 
bolt), per Part 2 or Part 8, as applicable, of the Accomplishment 
Instructions of the service bulletin. If no bolt is missing and no 
gap is found, no further action is required by this AD.
    (2) If any bolt is missing, before further flight, do paragraph 
(b) of this AD. In lieu of paragraph (b) of this AD, airplanes in 
Group 1 may comply with paragraph (c) of this AD.

Group 1 and 2 Airplanes: Missing Bolts or Gaps--Follow-On Actions

    (b) For Group 1 or 2 airplanes as listed in Boeing Alert Service 
Bulletin 767-27A0176, Revision 1, dated June 6, 2002: If any bolt is 
missing or any gap is found during the inspections per paragraph (a) 
of this AD, before further flight, remove all of the bolts in the 
subject area and replace them with new or serviceable bolts, per 
Figure 6, 7, or 8 of the service bulletin, as applicable. For any 
attachment hole where the bolt was missing, install a new or 
serviceable bolt made from the same material as the other bolts, per 
the Accomplishment Instructions of the service bulletin.
    (1) An existing bolt may be reinstalled if a fluorescent dye 
penetrant inspection for cracking is done per Part 5 of the 
Accomplishment Instructions of the service bulletin, and the bolt is 
found to be free of any crack.
    (2) Do not intermix BACB30MR*K* bolts with BACB30LE*K* or 
BACB30US*K* bolts in the joints subject to this AD.

Group 1 Airplanes: Optional Action

    (c) For Group 1 airplanes as listed in Boeing Alert Service 
Bulletin 767-27A0176, Revision 1, dated June 6, 2002: Replacement of 
all subject titanium bolts with new steel bolts per Part 6 of the 
Accomplishment Instructions of the service bulletin is acceptable 
for compliance with paragraph (a) of this AD and eliminates the need 
for the inspections required by that paragraph. Do not intermix 
BACB30MR*K* bolts with BACB30LE*K* or BACB30US*K* bolts in the 
joints subject to this AD.

Model 767-400ER Series Airplanes: Initial Inspection and Corrective 
Actions

    (d) For Model 767-400ER series airplanes: Within 90 days after 
the effective date of this AD, do a one-time general visual 
inspection to determine if any bolt is missing from the inboard and 
outboard support of the inboard main flap, and do a detailed 
inspection for a gap between the nut and surrounding structure or 
between shim and joint (which would indicate a loose bolt), per 
Figure 2 of Boeing Alert Service Bulletin 767-27A0176, Revision 1, 
dated June 6, 2002.
    (1) If no bolt is missing and no gap is found: No further action 
is required by this AD.
    (2) If any bolt is missing or any gap is found: Do paragraphs 
(d)(2)(i) and (d)(2)(ii) of this AD.
    (i) Before further flight, repair per a method approved by the 
Manager, Seattle Aircraft Certification Office (ACO), 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, Seattle ACO, to make such findings. 
For a repair method to be approved as required by this paragraph, 
the approval must specifically refer to this AD.
    (ii) Within 10 days after the inspection, submit a report of 
inspection findings to the Manager, Boeing Certificate Management 
Office, FAA, Transport Airplane Directorate, 2500 East Valley Road, 
Suite C2, Renton, Washington 98055; fax (425) 227-1159. The report 
must include the airplane's serial number, the total number of 
flight cycles and flight hours on the airplane, the number and 
specific location of discrepant bolts, and the nature of the 
discrepancy (i.e., missing bolt or gap found). Information 
collection requirements contained in this AD have been approved by 
the Office of Management and Budget (OMB) under the provisions of 
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and 
have been assigned OMB Control Number 2120-0056.

Previously Accomplished Inspections and Bolt Replacements

    (e) Inspections and bolt replacements accomplished before the 
effective date of this AD per Boeing Alert Service Bulletin 767-
27A0176, dated November 16, 2001, are acceptable for compliance with 
the corresponding actions required by this AD.

Alternative Methods of Compliance

    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be

[[Page 52404]]

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 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

    (g) Special flight permits may be issued in accordance with 
Secs. 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

    (h) Except as provided by paragraph (d)(2)(i) of this AD, the 
actions shall be done in accordance with Boeing Alert Service 
Bulletin 767-27A0176, Revision 1, dated June 6, 2002. 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

    (i) This amendment becomes effective on August 27, 2002.

    Issued in Renton, Washington, on August 1, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20018 Filed 8-9-02; 8:45 am]
BILLING CODE 4910-13-P