[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Proposed Rules]
[Pages 10412-10415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5123]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-142-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 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. 
For certain airplanes that are subject to the existing AD, this action 
would add requirements for a new one-time inspection for gaps, a new 
one-time torque check for loose bolts, corrective actions if necessary, 
and eventual replacement of existing titanium bolts with steel bolts. 
These actions 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. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by April 21, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-142-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-142-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) 
917-6441; fax (425) 917-6590.

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-142-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-142-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 24, 2002, the FAA issued AD 2002-22-07, amendment 39-
12932 (67 FR 66043, October 30, 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 an evaluation by the airplane manufacturer 
that revealed that the titanium bolts on the inboard main flap did not 
have an acceptable fatigue life or damage-tolerance rating, and a 
subsequent 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 requirements of 
that 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.

[[Page 10413]]

Actions Since Issuance of Previous Rule

    In the preamble to AD 2002-22-07, the FAA indicated that the 
actions required by that AD were considered ``interim action'' and that 
further rulemaking action was being considered to require the new 
inspection for gaps, the torque check for loose bolts, and the 
replacement of existing titanium bolts with steel bolts described in 
Boeing Alert Service Bulletin 767-27A0176, Revision 1, dated June 6, 
2002. (The existing AD refers to that service bulletin as an 
appropriate source of service information for the required actions.) 
The FAA now has determined that further rulemaking action is indeed 
necessary, and this proposed AD follows from that determination.

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 2002-22-07 to continue 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. These actions would continue to be required to 
be accomplished per Boeing Alert Service Bulletin 767-27A0176, Revision 
1, except as specified under the heading ``Differences Between This AD 
and Service Bulletin'' in AD 2002-16-05, amendment 39-12844 (67 FR 
52401, August 12, 2002). (AD 2002-22-07 superseded AD 2002-16-05.)
    For certain airplanes, the proposed AD would add requirements for a 
new one-time inspection for gaps, a new one-time torque check for loose 
bolts, corrective actions if necessary, and eventual replacement of 
existing titanium bolts on the inboard and outboard supports of the 
inboard main flap with steel bolts. The actions would be required to be 
accomplished per Boeing Alert Service Bulletin 767-27A0176, Revision 1.

Cost Impact

    There are approximately 821 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 374 airplanes of U.S. registry 
would be affected by this proposed AD.
    The initial inspection that is currently required by AD 2002-16-05 
takes approximately 6 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 inspection on U.S. operators is 
estimated to be $134,640, or $360 per airplane.
    For an affected airplane, the new inspection for gaps that is 
proposed in this AD action would take approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of this proposed inspection is 
$60 per airplane.
    For an affected airplane, the new torque test that is proposed in 
this AD action would take approximately 6 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of this proposed torque test is $360 per 
airplane.
    For an affected airplane, the replacement of bolts that is proposed 
in this AD action would take approximately 10 work hours per airplane 
to accomplish, at an average labor rate of $60 per work hour. Required 
parts would cost approximately $1,880 per airplane. Based on these 
figures, the cost impact of this proposed replacement is $2,480 per 
airplane.
    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.

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 39-12932 (67 FR 
66043, October 30, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

Boeing: Docket 2002-NM-142-AD. Supersedes AD 2002-22-07, Amendment 
39-12932.

    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 (h)(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 2002-22-07

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

[[Page 10414]]

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 (g) of this AD in 
lieu of the inspection in this paragraph, provided that the 
replacement per paragraph (g) 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 (g) 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) 
or (f) 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.

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

    (c) 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 is missing or any gap is found: Do paragraphs 
(c)(2)(i) and (c)(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

    (d) 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.

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

    (e) Within 90 days after November 14, 2002 (the effective date 
of AD 2002-22-07, amendment 39-12932): 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 (g) of this AD in lieu of the 
inspection in this paragraph, provided that the replacement per 
paragraph (g) of this AD is accomplished within the compliance time 
specified in this paragraph.

New Requirements of This AD

Group 1 Airplanes: Follow-On Actions

    (f) For Group 1 airplanes as listed in Boeing Alert Service 
Bulletin 767-27A0176, Revision 1, dated June 6, 2002: If no bolt is 
missing and no gap is found during the inspections required by 
paragraphs (a), (a)(1), and (e) of this AD, prior to the 
accumulation of 5,000 total flight cycles, or within 24 months after 
the effective date of this AD, whichever is later, perform a general 
visual inspection to find any gap between the nut and surrounding 
structure or between shim and joint (which would indicate a loose 
bolt), per Part 3 of the Accomplishment Instructions of the service 
bulletin.
    (1) If no gap is found, before further flight, do a torque check 
per Part 4 of the Accomplishment Instructions of the service 
bulletin.
    (i) If, during the torque check, the nut does not turn, remove 
the nut, clean the bolt and threads, and reinstall the nut per Part 
4 and Figure 4 of the service bulletin. Do paragraph (g) of this AD 
at the time specified in that paragraph.
    (ii) If the nut turns, do paragraph (b) of this AD. Then, do 
paragraph (g) of this AD at the time specified in that paragraph.
    (2) If any gap is found, do paragraph (b) of this AD. Then, do 
paragraph (g) of this AD at the time specified in that paragraph.

Group 1 Airplanes: Replacement of Titanium Bolts

    (g) For Group 1 airplanes as listed in Boeing Alert Service 
Bulletin 767-27A0176, Revision 1, dated June 6, 2002: Prior to the 
accumulation of 10,000 total flight cycles, or within 48 months 
after the effective date of this AD, whichever is later, replace all 
subject titanium bolts with new steel bolts per Part 6 of the 
Accomplishment Instructions of the service bulletin. This action is 
acceptable for compliance with paragraph (a), (e), and (f) of this 
AD and eliminates the need for the inspections required by those 
paragraphs. This action is acceptable for compliance with paragraph 
(b) of this AD, provided that the replacement of bolts per this 
paragraph is accomplished at the time specified in paragraph (b) of 
this AD. Do not intermix BACB30MR*K* bolts with BACB30LE*K* or 
BACB30US*K* bolts in the joints subject to this AD.

Alternative Methods of Compliance

    (h)(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, and AD 2002-22-
07, amendment 39-12932, are approved as alternative methods of 
compliance for the corresponding requirements of paragraphs (b) and 
(c)(2)(i) of this AD.
    (3) Alternative methods of compliance, approved previously in 
accordance with paragraph (c) of AD 2002-16-05, amendment 39-12844, 
and AD 2002-22-07, amendment 39-12932, are approved as alternative 
methods of compliance for the requirements for paragraph (g) of this 
AD.

    Note 3: Information concerning the existence of approved 
alternative methods of

[[Page 10415]]

compliance with this AD, if any, may be obtained from the Seattle 
ACO.

Special Flight Permits

    (i) 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 February 27, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5123 Filed 3-4-03; 8:45 am]
BILLING CODE 4910-13-P