[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 32968-32971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13649]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-142-AD; Amendment 39-13175; AD 2003-11-16]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 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 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 amendment requires 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. These actions are intended to address 
the identified unsafe condition.

DATES: Effective July 8, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
767-27A0176, Revision 1, dated June 6, 2002, was approved previously by 
the Director of the Federal Register as of August 27, 2002 (67 FR 
52401, August 12, 2002).

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

[[Page 32969]]

 Aviation Regulations (14 CFR part 39) by superseding AD 2002-22-07, 
amendment 39-12932 (67 FR 66043, October 30, 2002), which is applicable 
to certain Boeing Model 767 series airplanes, was published in the 
Federal Register on March 5, 2003 (68 FR 10412). The action proposed 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. The action also 
proposed to require, for certain airplanes that are subject to the 
existing AD, 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD. However, for 
clarity and consistency in this final rule, we have retained the 
language of the NPRM regarding that material.

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 
will be affected by this 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 
required by this AD will 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 required inspection is $60 per 
airplane.
    For an affected airplane, the new torque test that is required by 
this AD will 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 required torque test is $360 per 
airplane.
    For an affected airplane, the replacement of bolts that is required 
by this AD will take approximately 10 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts will cost approximately $1,880 per airplane. Based on these 
figures, the cost impact of this required 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 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 39-12932 (67 FR 
66043, October 30, 2002), and by adding a new airworthiness directive 
(AD), amendment 39-13175, to read as follows:

2003-11-16 Boeing: Amendment 39-13175. 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 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,

[[Page 32970]]

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 paragraphs (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 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 of paragraph (g) of this 
AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (i) Special flight permits may be issued in accordance with 
sections Sec. Sec.  21.197 and

[[Page 32971]]

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

    (j) Unless otherwise provided in this AD, the actions shall be 
done per Boeing Alert Service Bulletin 767-27A0176, Revision 1, 
dated June 6, 2002. This incorporation by reference was approved 
previously by the Director of the Federal Register as of August 27, 
2002 (67 FR 52401, August 12, 2002). Copies may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (k) This amendment becomes effective on July 8, 2003.

    Issued in Renton, Washington, on May 27, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13649 Filed 6-2-03; 8:45 am]
BILLING CODE 4910-13-P