[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Proposed Rules]
[Pages 61301-61303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24688]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-158-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Boeing Model 767 series 
airplanes, that currently requires an inspection to ensure that all 
bolts of the support beam of the hinge fitting assembly on both the 
left- and right-hand outboard trailing edge flaps are the correct 
length and type, and correction of any discrepancy found. This action 
would reduce the applicability, add inspections, and mandate 
terminating action for certain airplanes. The actions specified by the 
proposed AD are intended to prevent failure of the bolts that attach 
the outboard trailing edge flap to the support beam, which could result 
in loss of the flap and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by November 14, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-158-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-158-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 the proposed rule 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.

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: Sandi Carli, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4243, 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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-158-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-158-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 25, 1997, the FAA issued AD 97-08-51, amendment 39-10012 
(62 FR 24015, May 2, 1997), applicable to all Boeing Model 767 series 
airplanes, to require an inspection to ensure that all bolts of the 
hinge fitting assembly support beam on both the left- and right-hand 
outboard trailing edge flaps are the correct length and type, and 
correction of any discrepancy found. That action was prompted by a 
report indicating that a 20-foot section of the right-hand outboard 
trailing edge flap separated from the airplane due to failure of four 
bolts of the most inboard hinge fitting. The requirements of that AD 
are intended to detect and correct such failed bolts, which could 
result in loss of an outboard trailing edge flap, and consequent 
reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 97-08-51, the manufacturer has done a 
structural analysis of the titanium bolts of the support beam of the 
hinge fitting assembly on both the left- and right-hand outboard 
trailing edge flaps on Boeing Model 767 series airplanes, line numbers 
1 through 710 inclusive, which had titanium bolts installed during 
production. Model 767 series airplanes having line numbers 711 and 
subsequent had steel bolts installed during production. The analysis 
revealed that titanium bolts do not meet airplane fatigue life and 
damage tolerance criteria and must be replaced with steel bolts, which 
are less susceptible to fatigue and subsequent damage.

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin 767-
27A0151, Revision 4, dated August 27, 1998. Boeing Alert Service 
Bulletin 767-27A0151, Revision 1, dated April 2, 1997, was referenced 
in the existing AD for accomplishment of the specified actions. 
Revision 4 adds a second inspection for airplanes on which the one-time 
inspection specified in Revision 1 was accomplished prior to

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the accumulation of 5,000 total flight cycles or 12,500 total flight 
hours.
    We also have reviewed and approved Boeing Service Bulletin 767-
27A0155, Revision 2, dated July 8, 1999, which describes procedures for 
repetitive inspections (torque checks) of the bolts of the support beam 
of the hinge fitting assembly on both the left- and right-hand outboard 
trailing edge flaps, and retorque if necessary. The service bulletin 
also describes procedures for terminating action, which would eliminate 
the need for the repetitive inspections. The terminating action 
includes replacement of the six titanium bolts in each flap support 
fitting with steel bolts and self-aligning washers, and installation of 
radius fillers at the four aft bolt locations in each flap support 
fitting.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 97-08-51 to continue to require an 
inspection to ensure that all bolts of the support beam of the hinge 
fitting assembly on both the left- and right-hand outboard trailing 
edge flaps are the correct length and type, and correction of any 
discrepancy found. The proposed AD also would reduce the applicability, 
add inspections, and mandate terminating action for certain airplanes. 
The actions would be required to be accomplished in accordance with the 
service bulletins described previously.

Cost Impact

    There are approximately 700 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 287 airplanes of U.S. registry 
would be affected by this proposed AD.
    The actions that are currently required by AD 97-08-51 take 
approximately 7 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions is estimated to be $420 per 
airplane.
    The torque check that is proposed in this AD action would take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the torque check proposed by this AD on U.S. operators is 
estimated to be $34,440, or $120 per airplane, per check.
    The terminating action that is proposed in this AD action would 
take approximately 3 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts would cost 
approximately $3,058 per airplane. Based on these figures, the cost 
impact of the terminating action proposed by this AD on U.S. operators 
is estimated to be $929,306, or $3,238 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-10012 (62 FR 
24015, May 2, 1997), and by adding a new airworthiness directive (AD), 
to read as follows:

Boeing: Docket 2002-NM-158-AD. Supersedes AD 97-08-51, amendment 39-
10012.

    Applicability: Model 767 series airplanes, line numbers 1 
through 710 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 (i)(1) 
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 bolts that attach the outboard 
trailing edge flap to the support beam, which could result in loss 
of the flap and consequent reduced controllability of the airplane, 
accomplish the following:

Inspection

    (a) Perform an inspection to check the bolt torque, bolt length, 
and type of all bolts of both hinge fittings on the left- and right-
hand outboard trailing edge flaps, in accordance with Boeing Alert 
Service Bulletin 767-27A0151, Revision 1, dated April 2, 1997; or 
Revision 4, dated August 27, 1998. Perform these inspections at the 
time specified in paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For airplanes that accumulated 15,000 or more total flight 
cycles, or 37,500 or more total flight hours, as of May 7, 1997 (the 
effective date of AD 97-08-51, amendment 39-10012): Perform the 
inspection within 15 days after May 7, 1997.
    (2) For all other airplanes: Perform the inspection at the later 
of the times specified in paragraphs (a)(2)(i) and (a)(2)(ii) of 
this AD.
    (i) Prior to the accumulation of 10,000 total flight cycles, or 
25,000 total flight hours, whichever occurs first.
    (ii) Within 30 days after May 7, 1997.

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Repeat Inspection for Certain Airplanes

    (b) For airplanes on which the inspection required by paragraph 
(a) of this AD was accomplished prior to the accumulation of 5,000 
total flight cycles or 12,500 total flight hours: Repeat the 
inspection required by paragraph (a) of this AD one time within 120 
days after the effective date of this AD.

Corrective Actions

    (c) If any bolt of the hinge fittings of the left- and right-
hand outboard trailing edge flaps is below the torque check 
threshold specified in Boeing Alert Service Bulletin 767-27A0151, 
Revision 1, dated April 2, 1997; or Revision 4, dated August 27, 
1998: Prior to further flight, accomplish the actions specified in 
paragraph (c)(1) or (c)(2) of this AD, in accordance with the alert 
service bulletin.
    (1) Perform a dye penetrant inspection of all the bolts of the 
hinge fitting to detect any cracking or discrepancy.
    (i) If no cracking or discrepancy is detected, reinstall the 
bolt using new nuts and washers.
    (ii) If any cracking or discrepancy is detected, replace the 
cracked or discrepant bolt with a new or serviceable bolt.
    (2) Replace all of the bolts of both hinge fittings with new or 
serviceable bolts.
    (d) If the length or type of any bolt of the hinge fittings of 
the left- and right-hand outboard trailing edge flaps is outside the 
specifications of Boeing Alert Service Bulletin 767-27A0151, 
Revision 1, dated April 2, 1997; or Revision 4, dated August 27, 
1998: Prior to further flight, replace the bolt with a new or 
serviceable bolt in accordance with the alert service bulletin.

Credit for Actions Accomplished per Previous Revisions of Service 
Bulletin

    (e) Accomplishment of the actions specified in paragraphs (a), 
(c), and (d) of this AD, in accordance with Boeing Alert Service 
Bulletin 767-27A0151, dated April 1, 1997; Revision 2, dated April 
10, 1997; or Revision 3, dated July 7, 1997; before the effective 
date of this AD; is considered acceptable for compliance with the 
applicable requirements of this AD.

Repetitive Inspections

    (f) Within 3 years, 12,500 flight hours, or 6,000 flight cycles 
after accomplishment of paragraph (a) of this AD, whichever is 
first; or within 90 days after the effective date of this AD, 
whichever is later: Perform an inspection to check the bolt torque 
of both hinge fittings on the left- and right-hand outboard trailing 
edge flaps, and retorque if applicable, in accordance with Boeing 
Service Bulletin 767-27A0155, Revision 2, dated July 8, 1999. Repeat 
the inspection every 3 years, 12,500 flight hours, or 6,000 flight 
cycles, whichever is first.

Terminating Action

    (g) Within 6 years, 25,000 flight hours, or 12,000 flight cycles 
after accomplishment of paragraph (a) of this AD, whichever is 
first; or within 90 days after the effective date of this AD; 
whichever is later: Perform the terminating action (including 
replacement of the six titanium bolts in each flap support fitting 
with steel bolts and self-aligning washers, and installation of 
radius filters at the four aft bolt locations), in accordance with 
Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 
767-27A0155, Revision 2, dated July 8, 1999. Accomplishment of this 
paragraph ends the repetitive inspections required by paragraph (f) 
of this AD.

Credit for Actions Accomplished per Previous Revisions of Service 
Bulletin

    (h) Accomplishment of the actions specified in paragraphs (f) 
and/or (g) of this AD, in accordance with Boeing Alert Service 
Bulletin 767-29A0155, dated August 27, 1998, or Revision 1, dated 
December 22, 1998, before the effective date of this AD, is 
considered acceptable for compliance with the applicable 
requirements of this AD.

Alternative Methods of Compliance

    (i)(1) 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), FAA. 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 97-08-51, amendment 39-10012, are approved as 
alternative methods of compliance with paragraphs (a), (b), and (c) 
of this AD.

    Note 2: 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

    (j) 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.

    Issued in Renton, Washington, on September 23, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-24688 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-13-P