[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Rules and Regulations]
[Pages 66043-66045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27557]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 210 / Wednesday, October 30, 2002 / 
Rules and Regulations  

[[Page 66043]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-250-AD; Amendment 39-12932; AD 2002-22-07]
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 supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 767 series airplanes, that 
currently 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 amendment adds 
an inspection that was inadvertently omitted from the existing AD. The 
actions specified in this AD are intended 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 November 14, 2002.
    The incorporation by reference, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
August 27, 2002 (67 FR 52401, August 12, 2002).
    Comments for inclusion in the Rules Docket must be received on or 
before December 30, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-250-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-250-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: 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.

SUPPLEMENTARY INFORMATION: On August 1, 2002, the FAA issued AD 2002-
16-05, amendment 39-12844 (67 FR 52401, August 12, 2002), applicable to 
certain Boeing Model 767 series airplanes, to require 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. That action was prompted by 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. The actions required by that AD are 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.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2002-16-05, we have found that, for 
certain airplanes, the one-time inspection to determine if any bolt is 
missing from the inboard support of the inboard main flap, as specified 
in the referenced service bulletin, was inadvertently omitted from the 
current requirements of the AD. That inspection was identified in the 
preamble of the existing AD.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 2002-16-05 to continue to require a one-time inspection 
for missing bolts on the outboard support of the inboard main flap, and 
follow-on inspections and corrective actions, if necessary. This AD 
also adds a one-time inspection for missing bolts on the inboard 
support of the inboard main flap.

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

[[Page 66044]]

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:
    [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 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 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-250-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 removing amendment 39-12844 (67 FR 
52401, August 12, 2002), and by adding a new airworthiness directive 
(AD), amendment 39-12932, to read as follows:

2002-22-07 Boeing: Amendment 39-12932. Docket 2002-NM-250-AD. 
Supersedes AD 2002-16-05, amendment 39-12844.

    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 (g)(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 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, accomplish the following:

Restatement of Requirements of AD 2002-16-05

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

    (a) Within 90 days after August 27, 2002 (the effective date of 
AD 2002-16-05, amendment 39-12844), 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 paragraph.
    (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 paragraphs (a) and (f) of this AD and eliminates 
the need

[[Page 66045]]

for the inspections required by those paragraphs. 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 
August 27, 2002, 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 paragraph.
    (2) If any bolt 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 inspections: 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.

New Requirements of This AD

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

    (f) Within 90 days after the effective date of this AD: Do the 
one-time general visual inspection required by paragraph (a) of this 
AD to determine if any bolt is missing from the inboard 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.

Alternative Methods of Compliance

    (g)(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 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2002-16-05, amendment 39-12844, are approved as 
alternative methods of compliance with paragraph (d)(2)(i) of this 
AD.

    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

    (h) 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

    (i) Unless otherwise provided in this AD, the actions shall be 
done per Boeing Alert Service Bulletin 767-27A0176, Revision 1, 
dated June 6, 2002. This incorporation by reference was approved 
previously by the Director of the Federal Register as of August 27, 
2002 (67 FR 52401, August 12, 2002). 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

    (j) This amendment becomes effective on November 14, 2002.

    Issued in Renton, Washington, on October 24, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-27557 Filed 10-29-02; 8:45 am]
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