[Federal Register Volume 68, Number 121 (Tuesday, June 24, 2003)]
[Rules and Regulations]
[Pages 37402-37405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15594]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-143-AD; Amendment 39-13201; AD 2003-13-01]
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 adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767 series airplanes, that requires 
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 amendment also requires a one-time inspection to determine if a 
tool runout procedure has been performed in the area. The actions 
specified by this AD are intended 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. This action is intended to address the identified 
unsafe condition.

DATES: Effective July 29, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 29, 2003.

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) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767 series 
airplanes was published in the Federal Register on January 6, 2003 (68 
FR 518). That action proposed to 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, that action also proposed to require 
a one-time inspection to determine if a tool runout procedure has been 
performed in the area.

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. One commenter concurs with the contents of the 
proposed AD.

Request To Change Applicability

    One commenter, the manufacturer, asks that the applicability 
specified in the proposed AD be changed. The commenter states that line 
number 870 is for a Model 767-300 airplane, and is outside the line 
number effectivity listed in Boeing Service Bulletin 767-57A0076, 
Revision 1, dated March 29, 2001 (which was referenced in the proposed 
AD and specified line numbers 1 through 825 inclusive).
    The FAA agrees with the commenter. Line number 870 is for a Model 
767-300ER airplane, and was inadvertently added to the applicability 
specified in the proposed AD. The applicability in this final rule has 
been changed accordingly.

Request To Extend Compliance Time

    One commenter states that a compliance time grace period of 90 days 
for the inspections specified in paragraph (a)(1) of the proposed AD 
would be extremely difficult. The commenter asks that the grace period 
be extended to 270 days. The commenter adds that this will allow 
sufficient time for affected operators to schedule and accomplish the 
inspections, and will provide time for Boeing to produce adequate 
spares.
    We do not agree with the commenter, as insufficient supporting data 
were provided to us to substantiate the request. Boeing Service 
Bulletin 767-57A0076, Revision 1, was issued on March 29, 2001, and 
recommended a grace period of 90 days after release of the service 
bulletin. In addition, Boeing parts are not necessary unless discrepant 
parts are found during the inspections. The terminating action provided 
by paragraph (f) of this final

[[Page 37403]]

rule would require installing the new parts, but is not mandatory. 
Therefore, no extension is necessary in order to obtain parts.
    In developing an appropriate compliance time for this action, we 
considered not only the degree of urgency associated with addressing 
the subject unsafe condition, but the manufacturer's recommendation as 
to an appropriate compliance time, and the practical aspect of 
accomplishing the required inspections within an interval of time that 
parallels normal scheduled maintenance for the majority of affected 
operators. However, under the provisions of paragraph (i) of the final 
rule, we may approve requests for adjustments to the compliance time if 
data are submitted to substantiate that such an adjustment would 
provide an acceptable level of safety.

Parts Availability

    One commenter states a concern for the availability of improved 
fittings for replacement. The commenter notes that, due to warranty, it 
anticipates replacing any fittings that do not exhibit the tool runout 
option, regardless of the inspection results.
    We have been assured by the parts manufacturer that a sufficient 
number of replacement parts is available. However, this may not cover 
all parts without the tool runout option, regardless of the condition 
of the parts. If the commenter expects to replace a large number of 
parts, ordering the parts in advance so the manufacturer has time to 
produce adequate replacement parts is recommended.

Request To Provide a Method To Identify Certain Fittings

    One commenter states that the proposed AD specifies that certain 
part numbers may not be installed on any aircraft unless the 
requirements of the proposed AD have been accomplished. The commenter 
notes that neither the proposed AD nor the referenced service bulletins 
provide instructions on how to identify fittings that have met the 
requirements of the proposed AD.
    Although the commenter does not make a specific request, we infer 
that the commenter wants the FAA to provide instructions in the final 
rule for identification of the fittings that meet the AD requirements. 
We do not agree that such additional instructions are necessary because 
it is the operator's responsibility to show documented compliance to 
the requirements of the AD. If a spare part is installed on an 
airplane, and the previous inspection history of the part is not 
documented, the applicable inspection must be done and must be repeated 
at the intervals required by this AD. Paragraph (h) of the proposed AD 
identifies the part numbers for fittings that cannot be installed 
unless the applicable requirements of the AD have been accomplished for 
that fitting. Those requirements are specified in paragraphs (a) 
through (f) of the AD. No change is made to the final rule in this 
regard.

Request To Change Cost Impact Section

    One commenter estimates that the detailed visual and eddy current 
inspections specified in the proposed AD take 15 work hours per 
airplane to do, at a cost of $117,000 for the operator's fleet.
    Although the commenter does not make a specific request, we infer 
that the commenter wants the work hours and cost for the detailed 
visual and eddy current inspections specified in the Cost Impact 
section to be changed. We do not agree to change the number of 
estimated work hours for the inspections. The number of work hours 
necessary to accomplish the inspections, specified as 5 in the cost 
impact information, is consistent with the service bulletin. This 
number represents the time necessary to perform only the inspections 
actually required by this AD. Therefore, no change is made to the final 
rule in this regard.

Request To Clarify Applicability

    One commenter would like to obtain clarification of the 
applicability specified in the proposed AD relative to airplanes in the 
Model 767-400 fleet having fuselage numbers 875 (variable number VQ085) 
and 877 (variable number VQ086), which are not listed in the 
applicability section. The commenter states that, according to the 
effectivity in the original issue of Boeing Alert Service Bulletin 767-
57A0079, dated June 20, 2002, only an airplane having fuselage number 
877 is not affected by the proposed AD.
    The terminology ``fuselage numbers'' actually refers to airplane 
line numbers, rather than the terminology used by the commenter for 
tracking its airplanes. Boeing Airplane Information Report dated 
October 2, 2002, shows Model 767 line number 875 as having variable 
number VS701, line number 876 having variable number VQ085, line number 
877 having variable number VS721, and line number 878 having variable 
number VQ086; these figures do not match the variable numbers provided 
by the commenter. Regardless, the line numbers specified in the 
proposed AD and the referenced service bulletin are correct. No change 
is made to the final rule in this regard.

Request To Clarify Certain Wording in Paragraph (c)

    One commenter asks that the last sentence in paragraph (c) of the 
proposed AD be changed for clarification from ``This AD requires that 
the terminating action, if required, be accomplished before further 
flight'' to ``This AD requires that the terminating action, if required 
because cracks have been found, be accomplished before further 
flight.'' The commenter states that it is not explicit in paragraph (c) 
that the terminating action is required only if cracks are found. The 
commenter adds that specifying the need to accomplish terminating 
action before further flight, without explicitly referencing cracks, 
may confuse the operator.
    We do not agree with the commenter. Paragraph (c) of the proposed 
AD merely clarifies that, if the referenced service bulletins specify 
corrective action (i.e., if cracked or fractured fittings are found, do 
Part 3--Terminating Action), such action is required before further 
flight. No change is made to the final rule in this regard.

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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

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 
will be affected by this AD.
    It will take approximately 2 work hours per airplane to accomplish 
the 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 $42,480, or $120 per airplane, per inspection cycle.
    It will take approximately 5 work hours per airplane to accomplish 
the 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 $106,200, or $300 per airplane, per 
inspection cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of

[[Page 37404]]

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.
    The terminating action, if accomplished, will 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 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 adding the following new airworthiness 
directive:

2003-13-01 Boeing: Amendment 39-13201. 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, 871 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.
    (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 (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; 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.
    (d) Boeing Service Bulletin 767-57A0076, Revision 1, dated March 
29, 2001, 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,

[[Page 37405]]

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; 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 Alert 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
113T2271-23............................  113T2271-24
113T2271-29............................  113T2271-30
113T2271-33............................  113T2271-34
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 
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.

Incorporation by Reference

    (k) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-57A0076, 
Revision 1, dated March 29, 2001; and Boeing Alert Service Bulletin 
767-57A0079, dated June 20, 2002; as applicable. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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

    (l) This amendment becomes effective on July 29, 2003.

    Issued in Renton, Washington, on June 16, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15594 Filed 6-23-03; 8:45 am]
BILLING CODE 4910-13-P