[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Proposed Rules]
[Pages 518-521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-152]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-143-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 adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 767 series 
airplanes. This proposal would require an inspection to detect cracks 
and fractures of the outboard hinge fitting assemblies on the trailing 
edge of the inboard main flap, and follow-on and corrective actions if 
necessary. For certain airplanes, this proposal would also require a 
one-time inspection to determine if a tool runout procedure has been 
performed in the area. This action is necessary to prevent the inboard 
aft flap from separating from the wing and

[[Page 519]]

potentially striking the airplane, which could result in damage to the 
surrounding structure and potential personal injury. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by February 20, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-143-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-143-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 2002-NM-143-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-143-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during a routine 
maintenance inspection, fractured lugs were found on both hinge 
fittings of the outboard hinge assembly mounted to the inboard main 
flap on a Boeing Model 767-300 series airplane. That airplane had 
accumulated 9,598 total flight hours and 5,393 total flight cycles. An 
optional ``tool runout'' procedure, which allows the part to be 
machined thicker and reinforces the area, had not been performed on the 
fitting assembly that was damaged. No cracks or fractures have been 
reported on fittings on which the optional tool runout procedure had 
been performed.
    Cracked or fractured hinge fittings, if not corrected, could result 
in the inboard aft flap separating from the wing and potentially 
striking the airplane, and consequent damage to the surrounding 
structure and potential personal injury.
    The hinge fittings on Model 767-400ER series airplanes are similar 
in design to those on Model 767-200, -300, and -300F series airplanes. 
Although the Model 767-400ER fittings are wider and thicker, this area 
is subject to higher fatigue loads on Model 767-400ER series airplanes. 
As a result, those fittings could be susceptible to early fatigue 
cracking or fractures. Therefore, Model 767-400ER series airplanes are 
also subject to the unsafe condition identified in this proposed AD.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 767-
57A0076, Revision 1, dated March 29, 2001, including Evaluation Form 
(for Model 767-200, -300, and 300F series airplanes); and Boeing Alert 
Service Bulletin 767-57A0079, dated June 20, 2002 (for Model 767-400ER 
series airplanes). (Although both service bulletins contain evaluation 
forms, only Service Bulletin 767-57A0076 states that the evaluation 
form is ``attached.'' This proposed AD would not require that any 
evaluation form be completed and submitted.) The service bulletins 
describe procedures for a detailed inspection to detect cracks and 
fractures of the outboard hinge fitting assemblies on the trailing edge 
of the inboard main flap. Alternatively, the service bulletins provide 
procedures for performing a combination of a detailed inspection and an 
eddy current inspection to detect cracks and fractures of the same 
area. Boeing Service Bulletin 767-57A0076 (for Model 767-200, -300, and 
-300F series airplanes) also describes procedures for determining 
whether a tool runout procedure has been done in the area, which would 
eliminate the need for the terminating action and further inspection, 
provided no cracks or fractures are found. Follow-on and corrective 
actions include repetitive inspections and a ``Terminating Action'' 
that involves replacing the outboard hinge fittings of the trailing 
edge of the inboard main flap with new fittings. Accomplishment of the 
detailed and eddy current inspections would extend the interval for the 
next inspection (if necessary) beyond the interval for the detailed 
inspection alone. Accomplishment of the ``Terminating Action'' would 
eliminate the need for repetitive inspections. 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, this 
proposed AD would require accomplishment of the actions specified in 
the service bulletins

[[Page 520]]

described previously, except as discussed below.

Difference Between Proposed AD and Relevant Service Information

    Although Service Bulletin 767-57A0076 specifies that the 
manufacturer may be contacted for instructions for certain corrective 
actions, this proposed AD would require those corrective actions to be 
accomplished in accordance with a method approved by the FAA, or in 
accordance with data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the FAA to make such 
findings.

Cost Impact

    There are approximately 783 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 354 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed detailed inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this action is 
estimated to be $120 per airplane, per inspection cycle.
    It would take approximately 5 work hours per airplane to accomplish 
the proposed detailed visual and eddy current inspections, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of these actions is estimated to be $300 per airplane, per 
inspection 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 proposed 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.
    The terminating action, if accomplished, would take approximately 
24 work hours per airplane, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of this action is 
estimated to be $1,440 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 adding the following new 
airworthiness directive:

Boeing: Docket 2002-NM-143-AD.

    Applicability: Model 767 series airplanes; certificated in any 
category, line numbers 1 through 826 inclusive, 830, 842, 855, 856, 
859, 862, 864 through 866 inclusive, 868, 869, 870 through 874 
inclusive, and 876.

    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) 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 the inboard aft flap from separating from the wing 
and potentially striking the airplane, which could result in damage 
to the surrounding structure and potential personal injury, 
accomplish the following:

Inspection

    (a) Perform either a detailed inspection, or a detailed 
inspection plus an eddy current inspection, of the outboard hinge 
fitting assemblies on the trailing edge of the inboard main flap to 
detect cracks and fractures and evidence of a tool runout procedure, 
as applicable.
    (1) For Model 767-200, -300, and -300F series airplanes: Inspect 
before the airplane accumulates 2,700 total flight cycles, or within 
90 days after the effective date of this AD, whichever occurs later, 
in accordance with Boeing Service Bulletin 767-57A0076, Revision 1, 
dated March 29, 2001, excluding Evaluation Form.
    (2) For Model 767-400ER series airplanes: Inspect before the 
airplane accumulates 12,000 total flight cycles, in accordance with 
Boeing Alert Service Bulletin 767-57A0079, dated June 20, 2002.

    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.''

Follow-on/Corrective Actions

    (b) Following the initial inspection(s) required by paragraph 
(a) of this AD: Perform applicable follow-on and corrective actions 
at the time(s) specified in Figure 1 of Boeing Service Bulletin 767-
57A0076, Revision 1, dated March 29, 2001, excluding Evaluation Form 
(for Model 767-200, -300, and -300F series airplanes); or Boeing 
Alert Service Bulletin 767-57A0079, dated June 20, 2002 (for Model 
767-400ER series airplanes). Do the follow-on and corrective actions 
(including repetitive inspections and replacement of the fittings 
with new fittings) in accordance with Part 1 or Part 2 of the 
service bulletin, as applicable, except as required by paragraph (d) 
of this AD. For Model 767-200, -300, and -300F series airplanes: If 
the fitting has the tool runout, and no cracking or fracture is 
found during the inspection, this AD requires no further action for 
that hinge fitting.

Exceptions to Service Bulletin Procedures

    (c) Where the terminating action in Part 3 of the service 
bulletin is specified as corrective action in Boeing Service 
Bulletin 767-57A0076, Revision 1, dated March 29, 2001, excluding 
Evaluation Form; and Boeing Alert Service Bulletin 767-57A0079, 
dated June 20, 2002: This AD requires that the terminating action, 
if required, be accomplished before further flight.

[[Page 521]]

    (d) Boeing Service Bulletin 767-57A0076, Revision 1, dated March 
29, 2001, excluding Evaluation Form, specifies to contact Boeing 
before the terminating action is done as corrective action for any 
cracking or fracture found on a Model 767-200, -300, or -300F series 
airplane with the tool runout. This AD requires that any such crack 
or fracture on those airplanes be reported to the FAA in accordance 
with paragraph (e) of this AD and repaired in accordance with Part 3 
of the service bulletin.

Reporting Requirement

    (e) For any Model 767-200, -300, or -300F series airplane with 
the tool runout, on which any cracking or fracture is found during 
the inspection(s) required by paragraph (a) of this AD: Submit a 
report of the inspection findings to the Manager, Seattle Aircraft 
Certification Office (ACO), FAA, at the applicable time specified in 
paragraph (e)(1) or (e)(2) of this AD. The report must include the 
inspection results, a description of any discrepancies found, the 
airplane serial number, and the number of landings and flight hours 
on the airplane. 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.
    (1) For airplanes on which the initial inspection is done after 
the effective date of this AD: Submit the report within 30 days 
after performing the inspection required by paragraph (a) of this 
AD.
    (2) For airplanes on which the initial inspection was done 
before the effective date of this AD: Submit the report within 30 
days after the effective date of this AD.

Terminating Action

    (f) Unless required to do so by paragraph (b) of this AD: 
Operators may choose to accomplish the terminating action (including 
replacement of the fittings with new fittings, and reinstallation of 
existing upper skin access panels and fairing midsections on the 
trailing edge of the main flap) in accordance with Part 3 of the 
Work Instructions of Boeing Service Bulletin 767-57A0076, Revision 
1, dated March 29, 2001, excluding Evaluation Form; or Boeing Alert 
Service Bulletin 767-57A0079, dated June 20, 2002; as applicable. 
Accomplishment of the terminating action terminates the repetitive 
inspection requirements of paragraph (b) of this AD.

Credit for Prior Accomplishment Per Earlier Service Information

    (g) Accomplishment before the effective date of this AD of an 
inspection, associated follow-on and corrective actions, and 
terminating action in accordance with Boeing Service Bulletin 767-
57A0076, dated October 26, 2000, is acceptable for compliance with 
the corresponding requirements of this AD for applicable airplanes.

Part Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane a hinge fitting assembly that has any part number 
listed in Table 1 of this AD, unless the applicable requirements of 
this AD have been accomplished for that fitting. Table 1 follows:

              Table 1.--Hinge Fitting Assembly Part Numbers
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113T2271-13...............................  113T2271-14
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113T2271-23...............................  113T2271-24
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113T2271-29...............................  113T2271-30
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113T2271-33...............................  113T2271-34
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113T2271-401..............................  113T2271-402
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Alternative Methods of Compliance

    (i) 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.

    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

    (j) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 odf 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 30, 2002.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-152 Filed 1-3-03; 8:45 am]
BILLING CODE 4910-13-P