[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Proposed Rules]
[Pages 324-328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-48]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-395-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 certain Boeing Model 767 
series airplanes, that currently requires repetitive detailed 
inspections to detect cracked, corroded, or stained collar fittings on 
both inboard trailing edge flaps; and follow-on corrective actions, if 
necessary. This action would expand the applicability in the existing 
AD, and would add

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repetitive inspections for discrepancies of the collar fittings, torque 
tube, and splined bushings on both inboard trailing edge flaps; and 
follow-on and corrective actions, if necessary. The actions specified 
by the proposed AD are intended to prevent failure of the collar 
fittings, which could result in separation of the inboard trailing edge 
flap and consequent reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by February 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-395-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-395-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: 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: 

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 2001-NM-395-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. 2001-NM-395-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 21, 1998, the FAA issued AD 98-22-12, amendment 39-10859 
(63 FR 57577, October 28, 1998), applicable to certain Boeing Model 767 
series airplanes, to require repetitive detailed inspections to detect 
cracked, corroded, or stained collar fittings on both inboard trailing 
edge flaps; and follow-on corrective actions, if necessary. That action 
was prompted by a report indicating that a collar fitting suffered a 
complete fracture as a result of stress corrosion cracking. The 
requirements of that AD are intended to prevent separation of the 
inboard trailing edge flap from the airplane due to fractured collar 
fittings.
    In the preamble to AD 98-22-12, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. We now have determined that 
further rulemaking action is indeed necessary, and this proposed AD 
follows from that determination.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 98-22-12, the airplane manufacturer has 
received reports indicating corrosion of the splined components of the 
inboard support of the trailing edge flap. The root cause of the 
corrosion was determined to be a breakdown of the MIL-G-23827 grease in 
the joint, which subsequently allowed moisture to enter the joint. 
Eventually, the splined components corroded and, in two instances, 
stress corrosion cracking of one component occurred. We now have 
determined that it is necessary to require additional inspections on 
airplanes affected by the existing AD and to expand the applicability 
of the existing AD to include airplanes that were assembled with the 
corrosion inhibiting compound (CIC) BMS 3-27 and delivered before the 
Maintenance Planning Document (MPD) was revised by the manufacturer in 
April 1999. The MPD was revised to include the 12-year/24,000-flight-
cycle teardown inspection as part of normal airplane maintenance for 
airplanes assembled with BMS 3-27.

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin 767-
57A0066, Revision 3, including Appendices A and B, dated December 19, 
2001, and Evaluation Form. (The existing AD shows Boeing Alert Service 
Bulletin 767-57A0066, Revision 1, dated August 6, 1998, as the 
appropriate source of service information for accomplishment of the 
actions required by that AD.) Revision 3 of the service bulletin adds 
Part 5--Titanine Inspection and Rework, which describes procedures for 
doing Part 1-Inspection, Part 3-Spline Inspection, and Part 4-Spline 
Rework; then repeating the spline inspection at the intervals specified 
if it is determined that the CIC Titanine JC5A was used per Revision 2 
of the service bulletin, dated February 18, 1999, or if the maintenance 
records are inconclusive on the type of CIC used. Subsequent to 
issuance of Revision 2 of the service bulletin, it was determined that 
Titanine JC5A does not provide adequate corrosion protection for the 
joints specified in the service bulletin. Revision 3 of the service 
bulletin also describes procedures for light wear rework of the splines 
if no corrosion or corrosion pits are found, in lieu of a complete 
spline evaluation and overhaul. Appendix A, titled ``Guide for 
Determining the Level of Rework Required,'' was added to assist 
operators

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in determining if the light wear rework procedure can be used. Part 3--
Spline Inspection describes procedures for repetitive spline 
inspections in lieu of terminating action as routine scheduled 
maintenance, and defines procedural clarifications and changes. 
Accomplishment of the actions specified in the service bulletin 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 98-22-12 to continue to require 
repetitive detailed inspections to detect cracked, corroded, or stained 
collar fittings on both inboard trailing edge flaps; and follow-on 
corrective actions, if necessary. This new action would expand the 
applicability in the existing AD, and would add repetitive inspections 
for discrepancies of the collar fittings, torque tube, and splined 
bushings on both inboard trailing edge flaps; and follow-on and 
corrective actions, if necessary. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously, except as discussed below.

Difference Between Service Information and This Proposed AD

    Operators should note that the number of airplanes to which this 
proposed AD is applicable is larger than that published in the service 
bulletin. Additional line numbers of airplanes have been included (line 
numbers 1 through 749 inclusive), as advised in Boeing Letter B-H210-
01-0432, dated December 14, 2001.

Explanation of Changes Made to Existing Requirements

    We have changed all references to a ``detailed visual inspection'' 
in the existing AD to a ``detailed inspection'' in this AD. We also 
have added Part 4-Spline Rework, specified in Revision 3 of the service 
bulletin, to paragraphs (a)(3) and (a)(4)(ii) of the existing AD for 
the repair of corrosion, as an alternative to repairing per the 
Manager, Seattle Aircraft Certification Office.

Cost Impact

    There are approximately 738 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 306 airplanes of U.S. registry 
would be affected by this proposed AD.
    The actions that are currently required by AD 98-22-12 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 currently required actions is estimated to be $120 per 
airplane, per inspection cycle.
    The new inspections and refinishing that are 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 proposed requirements of this AD 
on U.S. operators is estimated to be $36,720, or $120 per airplane, per 
cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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.
    Should an operator be required to do the replacement proposed in 
this AD action, it would take approximately 63 work hours per wing, at 
an average labor rate of $60 per work hour. Parts costs are not 
available at this time. Based on these figures, the cost impact of the 
replacement is estimated to be $3,780 per wing, per airplane.
    Should an operator be required to do the rework proposed in this AD 
action, it would take approximately 63 work hours per wing, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the rework is estimated to be $3,780 per wing, per 
airplane.

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 39-10859 (63 FR 
57577, October 28, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2001-NM-395-AD. Supersedes AD 98-22-12, Amendment 39-
10859.

    Applicability: Model 767 series airplanes, line numbers 1 
through 749 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 (j)(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 collar fittings on the inboard 
trailing edge flaps, which could result in separation of the flap 
and consequent reduced controllability of the airplane, accomplish 
the following:

Restatement of Requirements of AD 98-22-12

Detailed Inspections/Corrective Actions

    (a) For airplanes having line numbers 1 through 721 inclusive, 
except as provided by

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paragraphs (c) and (e) of this AD: Within 8 years since the date of 
manufacture of the airplane, or within 90 days after November 12, 
1998 (the effective date of AD 98-22-12, amendment 39-10859), 
whichever occurs later; perform a detailed inspection of the collar 
fittings of both inboard trailing edge flaps to detect cracks, 
corrosion, or staining, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0066, Revision 1, dated August 6, 1998; or Revision 3, dated 
December 19, 2001; including Appendices A and B, and excluding 
Evaluation Form. As of the effective date of this AD, only Revision 
3 shall be used.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) If no cracked, corroded, or stained collar fitting is found, 
repeat the detailed inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 120 days.
    (2) If any cracked collar fitting is found, prior to further 
flight, install a new collar fitting in accordance with Part 2 of 
the Accomplishment Instructions of the alert service bulletin.
    (3) If any corroded collar fitting is found, prior to further 
flight, repair the corrosion in accordance with Part 4 of the 
Accomplishment Instructions of Revision 3 of the service bulletin; 
or in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA.
    (4) If any stained collar fitting is found, accomplish the 
requirements of paragraphs (a)(4)(i) and (a)(4)(ii) of this AD at 
the compliance times specified.
    (i) Repeat the detailed inspection required by paragraph (a) of 
this AD thereafter at intervals not to exceed 45 days; and
    (ii) Within 18 months after finding the stained collar fitting, 
accomplish Part 2 of the Accomplishment Instructions of the alert 
service bulletin. If any corroded collar fitting is found, before 
further flight, repair the corrosion in accordance with Part 4 of 
the Accomplishment Instructions of Revision 3 of the service 
bulletin; or in accordance with a method approved by the Manager, 
Seattle ACO.

New Requirements of This AD

Detailed Inspection

    (b) For airplane line number 723: Within 8 years since the date 
of manufacture of the airplane, or within 90 days after the 
effective date of this AD, whichever is later; do a detailed 
inspection of the collar fittings of both inboard trailing edge 
flaps to detect cracks, corrosion, or staining, as specified in 
paragraph (a) of this AD, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0066, Revision 3, dated December 19, 2001; including Appendices A 
and B, and excluding Evaluation Form. Then do the applicable actions 
specified in paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this 
AD.

Repetitive Inspections/Follow-On and Corrective Actions

    (c) For airplanes having line numbers 1 through 703 inclusive, 
705 through 715 inclusive, 717, 718, 721, and 723; and for the 
right-hand side of the airplane on line number 716: Within 10 years 
since the date of manufacture of the airplane, or within 4 years 
after the effective date of this AD, whichever is later; do a 
detailed (spline) inspection of the collar fittings, torque tube, 
and splined bushings for discrepancies (including cracks, fractures, 
corrosion, corrosion pits, and light wear), in accordance with Part 
3 of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-57A0066, Revision 3, dated December 19, 2001; including 
Appendices A and B, and excluding Evaluation Form. Accomplishment of 
the inspections required by this paragraph, before the initial 
inspection required by paragraph (a) of this AD, meets the 
inspection requirements in paragraph (a) of this AD.
    (d) If no discrepancy is found during any inspection required by 
paragraph (c) or (g) of this AD, before further flight, refinish the 
parts in accordance with Boeing Alert Service Bulletin 767-57A0066, 
Revision 3, dated December 19, 2001; including Appendices A and B, 
and excluding Evaluation Form; and repeat the inspection every 
24,000 flight cycles or 12 years, whichever is first. Accomplishment 
of this paragraph terminates the repetitive inspections required by 
paragraph (a) of this AD.
    (e) If any discrepancy is found during any inspection required 
by paragraph (c) or (g) of this AD, before further flight, do the 
actions specified in either paragraph (e)(1) or (e)(2) of this AD in 
accordance with Boeing Alert Service Bulletin 767-57A0066, Revision 
3, dated December 19, 2001; including Appendices A and B, and 
excluding Evaluation Form. Accomplishment of this paragraph 
terminates the repetitive inspections required by paragraph (a) of 
this AD.
    (1) Replace the affected part with a new part, and reassemble 
the joint with liberal coatings of corrosion inhibiting compound 
(CIC) BMS 3-27 or BMS 3-38, in accordance with the Accomplishment 
Instructions of the service bulletin. Repeat the applicable 
inspection every 24,000 flight cycles or 12 years, whichever is 
first.
    (2) Rework the affected part, and reassemble the joint with 
liberal coatings of CIC BMS 3-27 or BMS 3-38, in accordance with the 
Accomplishment Instructions of the service bulletin. Repeat the 
applicable inspection as specified in paragraph (e)(2)(i), 
(e)(2)(ii), or (e)(2)(iii) of this AD, as applicable.
    (i) If five or fewer spline lengths are reworked per Figure 8 of 
the service bulletin, repeat the inspection every 24,000 flight 
cycles or 12 years, whichever is first.
    (ii) If more than five spline lengths, but fewer than or equal 
to the maximum number of spline lengths allowed per Figure 8 of the 
service bulletin are reworked, repeat the inspection every 12,000 
flight cycles or 6 years, whichever is first.
    (iii) If more than the maximum number of spline lengths allowed 
per Figure 8 of the service bulletin are reworked, before further 
flight, replace the splined component and repeat the inspection 
every 24,000 flight cycles or 12 years, whichever is first.

Additional Inspections for Airplanes Inspected per Revision 2 of 
the Service Bulletin

    (f) For any airplane on which the inspection required by 
paragraph (a) of this AD was done in accordance with Boeing Alert 
Service Bulletin 767-57A0066, Revision 2, dated February 18, 1999; 
and on which the CIC Titanine JC5A was used, or the maintenance 
records are inconclusive of the type of CIC used: Do the initial 
inspection and follow-on actions specified in paragraph (c) of this 
AD within 3 years after the most recent inspection done in 
accordance with Revision 2 of the service bulletin, or within 90 
days after the effective date of this AD, whichever is later.

Airplanes Assembled With BMS 3-27

    (g) For airplanes having line numbers 704, 719, and 720, 722, 
and 724 through 749 inclusive; and for the left-hand side of the 
airplane on line number 716: Within 12 years since the date of 
manufacture of the airplane, or within 24,000 flight cycles after 
the effective date of this AD, whichever is first; do a detailed 
(spline) inspection of the collar fittings, torque tube, and splined 
bushings for discrepancies (including cracks, fractures, corrosion, 
corrosion pits, and light wear). Do the inspection in accordance 
with Part 3 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-57A0066, Revision 3, dated December 19, 2001; 
including Appendices A and B, and excluding Evaluation Form, then, 
before further flight, do the applicable actions specified in either 
paragraph (d) or (e) of this AD.
    (h) If the initial inspection required by paragraph (a) of this 
AD has not been done as of the effective date of this AD, operators 
may do the inspection required by paragraph (g) of this AD in lieu 
of the inspection required by paragraph (a) of this AD, at the time 
specified.

Use of Titanine JC5A Prohibited

    (i) As of the effective date of this AD, no person shall use the 
CIC Titanine JC5A on the collar fittings, torque tube, and splined 
bushings on any airplane.

Alternative Methods of Compliance

    (j)(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 98-22-12, Amendment 39-10859, are not

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considered to be approved as alternative methods of compliance with 
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

    (k) Special flight permits may be issued in accordance with 
Sec. Sec.  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 December 27, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-48 Filed 1-2-03; 8:45 am]
BILLING CODE 4910-13-P