[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Rules and Regulations]
[Pages 23384-23387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-158-AD; Amendment 39-13137; AD 2003-09-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment reduces the 
applicability of the existing AD, adds inspections, and mandates 
terminating action. The actions specified by this 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: Effective June 6, 2003.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of June 6, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
767-27A0151, Revision 1, dated April 2, 1997, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of May 7, 1997 (62 FR 24015, May 2, 1997).

ADDRESSES: 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 Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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) 
917-6441; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 97-08-51, 
amendment 39-10012 (62 FR 24015, May 2, 1997), which is applicable to 
all Boeing Model 767 series airplanes, was published in the Federal 
Register on September 30, 2002 (67 FR 61301). The action proposed 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 action also proposed to reduce 
the applicability of the existing AD, add inspections, and mandate 
terminating action.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Revise Compliance Time in Paragraph (a)(2)(ii)

    One commenter requests that the FAA revise the compliance time 
stated in paragraph (a)(2)(ii) of the proposed AD from ``Within 30 days 
after May 7, 1997,'' to ``Within 30 days after the effective date of 
this AD.'' The commenter notes that some airplanes will accumulate 
10,000 total flight cycles or 25,000 total flight hours after

[[Page 23385]]

June 7, 1997, and before the effective date of the new AD. These 
airplanes would be out of compliance with the proposed AD as of the 
effective date of the AD.
    The FAA does not agree to revise the compliance time specified in 
paragraph (a)(2)(ii) of this final rule. Paragraph (a) of this final 
rule is a restatement of paragraph (a) of AD 97-08-51, which this AD 
supersedes. June 7, 1997, is the effective date of AD 97-08-51. Our 
intent is that airplanes that are subject to AD 97-08-51 comply with 
the original requirements of that AD, at the original compliance times. 
If the airplane is in compliance with AD 97-08-51 as of the effective 
date of this new AD, then it will not be out of compliance with this AD 
as of the effective date of this AD.
    Relevant to this comment, we agree that we need to clarify the old 
and new requirements of this AD. The headings that would normally be 
used in a superseding AD to clearly identify the restated requirements 
of the existing AD (e.g., ``Requirements of AD 97-08-51'') and the new 
requirements (e.g., ``New Requirements of This AD'') were omitted from 
the proposed AD. We have included these headings in this final rule. 
For further clarification, we have made the following changes to this 
final rule:
    [sbull] We have reidentified paragraphs (c) and (d) of the proposed 
AD as paragraphs (b) and (c) of this final rule, respectively. (Thus, 
the existing requirements of AD 97-08-51 are identified with the same 
paragraph lettering that they have in AD 97-08-51 and are grouped under 
the heading ``Requirements of AD 97-08-51'' in this AD.)
    [sbull] We have reidentified paragraph (b) of the proposed AD (the 
``Repeat Inspection for Certain Airplanes'') as paragraph (d) of this 
final rule, to group it with the other new requirements of this AD.
    [sbull] We have added a new sentence to paragraph (d) of this final 
rule (paragraph (b) of the proposed AD) to clarify that any necessary 
corrective actions must be accomplished in accordance with paragraphs 
(b) and (c) of this AD.
    [sbull] We have revised paragraph references in paragraphs (e) and 
(h) of this final rule according to the changes described previously. 
Paragraph references in paragraph (j)(2) of this final rule (which was 
included as paragraph (i)(2) of the proposed AD) do not need to be 
revised in this final rule because the paragraph references in that 
paragraph of the proposed AD were incorrect, but are correct following 
the other changes to this final rule.

Give Credit for Action Accomplished Previously

    One commenter requests that the FAA give credit for accomplishment 
of the repeat inspection specified in paragraph (b) of the proposed AD 
(paragraph (d) of this final rule) in accordance with Boeing Alert 
Service Bulletin 767-27A0155, Revision 2, dated July 8, 1999. The 
commenter notes that it has been accomplishing inspections in 
accordance with that service bulletin since accomplishing the initial 
inspection required by paragraph (a) of the existing AD.
    We concur with the commenter's request. Our intent is that 
accomplishment of the inspection required by paragraph (f) of this AD 
or the modification required by paragraph (g) of this AD eliminates the 
need to accomplish the inspection in paragraph (a) or (d) of this AD, 
provided that the requirements of paragraph (f) or (g) of this AD are 
accomplished within the compliance time specified in paragraph (a) or 
(d) of this AD, as applicable. We have added a new paragraph (h) to 
this final rule (and redesignated subsequent paragraphs accordingly) to 
state that airplanes on which paragraph (f) or (g) of this AD is 
accomplished within the compliance time specified in paragraph (a) or 
(d) of this AD, as applicable, do not need to be inspected in 
accordance with paragraph (a) or (d) of this AD.

Extend Compliance Time for Terminating Action

    Two commenters request that we extend the compliance time for the 
terminating action in paragraph (g) of the proposed AD. Paragraph (g) 
of the proposed AD specified a compliance threshold of 6 years, 25,000 
flight hours, or 12,000 flight cycles after accomplishment of paragraph 
(a) of the proposed AD, whichever is first; and a grace period (for 
airplanes close to or over the threshold) of 90 days after the 
effective date of the AD. Both commenters note that most of the 
airplanes in their fleets will be subject to the 90-day grace period 
because they have passed the applicable threshold. One of the 
commenters requests that we extend the compliance time to 18 months 
after the effective date of the AD, so that the majority of airplanes 
can be modified during a regularly scheduled ``C''-check. The second 
commenter is concerned about the availability of parts needed to 
accomplish the terminating action and requests that we extend the 
compliance time to 5 years after the effective date of the AD.
    We agree that the grace period segment of the compliance time for 
the terminating action in paragraph (g) of this AD may be extended from 
90 days to 18 months after the effective date of this AD. In developing 
an appropriate compliance time for the terminating action, the FAA 
considered not only the urgency of addressing the subject unsafe 
condition and the maintenance schedules of affected operators, but also 
the availability of required parts. The FAA finds that 18 months 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety and 
wherein an ample number of required parts will be available for 
modification of the U.S. fleet. (No data were presented to justify that 
a compliance time longer than 18 months would adequately ensure 
safety.) Paragraph (g) has been revised accordingly. Also, for 
clarification, we have revised paragraph (g) of this final rule to move 
the compliance times from that paragraph into new subparagraphs (g)(1) 
and (g)(2) of this final rule.

Correct Typographical Errors in Paragraphs (g) and (h)

    One commenter notes a typographical error in paragraph (g) of the 
proposed AD. The word ``filters'' should be ``fillers.'' Also, that 
commenter and a second commenter note that Boeing Alert Service 
Bulletin 767-27A0155 is misidentified in paragraph (h) of the proposed 
AD (included as paragraph (i) of this final rule) as Boeing Alert 
Service Bulletin 767-29A0155. We concur and have corrected these 
typographical errors in paragraphs (g) and (i) of this final rule.

Explanation of Additional Changes to Proposed AD

    We have revised the applicability statement of this AD to clarify 
that Boeing Model 767-400ER series airplanes are not affected by this 
AD. The airplanes with line numbers 1 through 710 inclusive are Model 
767-200, -300, and ``300F series airplanes.
    For clarification, we have revised paragraph (f) of this final rule 
to move the compliance times from that paragraph into new subparagraphs 
(f)(1) and (f)(2) of this AD.
    The Summary section of the proposed AD states that the proposed AD 
would ``mandate terminating action for certain airplanes.'' However, 
this AD mandates terminating action for all airplanes subject to this 
AD. We have corrected this error in this final rule.

[[Page 23386]]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 700 Model 767 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 287 
airplanes of U.S. registry will be affected by this 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 on U.S. operators is estimated 
to be $120,540, or $420 per airplane.
    The torque check that is required by this AD action will 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 required by this AD on U.S. operators is 
estimated to be $34,440, or $120 per airplane, per check.
    The terminating action that is required by this AD action will take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$3,058 per airplane. Based on these figures, the cost impact of the 
terminating action required 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 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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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

0
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

0
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]

0
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), 
amendment 39-13137, to read as follows:

2003-09-08 Boeing: Amendment 39-13137. Docket 2002-NM-158-AD. 
Supersedes AD 97-08-51, Amendment 39-10012.

    Applicability: Model 767-200, -300, and -300F 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 (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 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:

Requirements of AD 97-08-51

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, excluding Evaluation Form, 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.

Corrective Actions

    (b) 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, excluding Evaluation 
Form, dated August 27, 1998: Prior to further flight, accomplish the 
actions specified in paragraph (b)(1) or (b)(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, prior to further 
flight, reinstall the bolt using new nuts and washers.
    (ii) If any cracking or discrepancy is detected, prior to 
further flight, 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.
    (c) 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, excluding Evaluation 
Form, dated August 27, 1998: Prior to further flight, replace the 
bolt with a new or serviceable bolt in accordance with the alert 
service bulletin.

[[Page 23387]]

New Requirements of This AD

Repeat Inspection for Certain Airplanes

    (d) 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. Perform corrective 
actions, as applicable, in accordance with paragraphs (b) and (c) of 
this AD.

Credit for Actions Accomplished per Previous Revisions of Service 
Bulletin

    (e) Accomplishment of the actions specified in paragraphs (a), 
(b), and (c) 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) At the later of the times specified in paragraphs (f)(1) and 
(f)(2) of this AD, 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, excluding Evaluation Form, 
dated July 8, 1999. Repeat the inspection every 3 years, 12,500 
flight hours, or 6,000 flight cycles, whichever is first, until 
paragraph (g) of this AD has been accomplished.
    (1) Within 3 years, 12,500 flight hours, or 6,000 flight cycles 
after accomplishment of paragraph (a) of this AD, whichever is 
first.
    (2) Within 90 days after the effective date of this AD.

Terminating Action

    (g) At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD, 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 fillers at the four aft bolt locations), in accordance with 
Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 
767-27A0155, Revision 2, excluding Evaluation Form, dated July 8, 
1999. Accomplishment of this paragraph ends the repetitive 
inspections required by paragraph (f) of this AD.
    (1) Within 6 years, 25,000 flight hours, or 12,000 flight cycles 
after accomplishment of paragraph (a) of this AD, whichever is 
first.
    (2) Within 18 months after the effective date of this AD.
    (h) Airplanes on which the inspection required by paragraph (f) 
of this AD or the terminating action required by paragraph (g) of 
this AD is accomplished within the compliance time specified in 
paragraph (a) or (d) of this AD, as applicable, are not required to 
accomplish the inspection required by paragraph (a) or (d) of this 
AD, as applicable.

Credit for Actions Accomplished per Previous Revisions of Service 
Bulletin

    (i) Accomplishment of the actions specified in paragraphs (f) 
and/or (g) of this AD in accordance with Boeing Alert Service 
Bulletin 767-27A0155, 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

    (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 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

    (k) 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

    (l) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 767-27A0151, 
Revision 1, dated April 2, 1997, or Boeing Alert Service Bulletin 
767-27A0151, Revision 4, excluding Evaluation Form, dated August 27, 
1998; and Boeing Service Bulletin 767-27A0155, Revision 2, excluding 
Evaluation Form, dated July 8, 1999; as applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 767-27A0151, Revision 4, excluding Evaluation Form, dated 
August 27, 1998; and Boeing Service Bulletin 767-27A0155, Revision 
2, excluding Evaluation Form, dated July 8, 1999; is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 767-27A0151, Revision 1, dated April 2, 1997, was approved 
previously by the Director of the Federal Register as of May 7, 1997 
(62 FR 24015, May 2, 1997).
    (3) 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

    (m) This amendment becomes effective on June 6, 2003.

    Issued in Renton, Washington, on April 23, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10511 Filed 5-1-03; 8:45 am]
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