[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24947-24950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9761]



[[Page 24947]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-275-AD; Amendment 39-13603; AD 2004-09-14]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes 
Powered by General Electric or Pratt & Whitney Engines

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 powered 
by General Electric or Pratt & Whitney engines, that currently requires 
repetitive inspections to detect discrepancies of the four aft-most 
fastener holes in the horizontal tangs of the midspar fitting of the 
strut, and corrective actions, if necessary. That AD also provides an 
optional terminating action for repetitive inspections. This amendment 
expands the area on which the inspections are required. The actions 
specified by this AD are intended to prevent fatigue cracking in the 
primary strut structure and reduced structural integrity of the strut, 
which could result in separation of the strut and engine. This action 
is intended to address the identified unsafe condition.

DATES: Effective June 9, 2004.
    The incorporation by reference of Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
June 9, 2004.
    The incorporation by reference of Boeing Service Bulletin 767-
54A0101, Revision 1, dated February 3, 2000, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of May 15, 2001 (66 FR 18523, April 10, 2001).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Suzanne Masterson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington; 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 2001-07-05, 
amendment 39-12170 (66 FR 18523, April 10, 2001), which is applicable 
to certain Boeing Model 767 series airplanes powered by General 
Electric or Pratt & Whitney engines, was published in the Federal 
Register on December 8, 2003 (68 FR 68308). The action proposed to 
continue to require repetitive inspections to detect discrepancies of 
the four aft-most fastener holes in the horizontal tangs of the midspar 
fitting of the strut, and corrective actions, if necessary. The action 
also proposed to continue to provide an optional terminating action for 
repetitive inspections. In addition, the action proposed expanding the 
area on which the inspections are required.

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.

Concurs With the Proposed AD

    One commenter concurs with the contents of the proposed AD.

Request To Clarify the Difference Between the Proposed AD and the 
Service Bulletin

    One commenter requests clarification of the difference between the 
proposed AD and the service bulletin. The commenter's understanding of 
the intent of the ``Difference Between Proposed Rule and Service 
Bulletin'' paragraph of the proposed AD is that operators are allowed 
to inspect the four forward fastener holes not inspected per paragraph 
(a)(1), (a)(2), or (b) of the proposed AD at the next repetitive 
inspection specified in Table 1 of the proposed AD for all eight 
fastener holes. However, the commenter notes that paragraph (e) of the 
proposed AD requires, within 10,000 total flight cycles or 600 flight 
cycles after the effective date of this AD, whichever occurs later, 
inspection of all eight aft-most fastener holes or the four forward 
fastener holes not inspected per paragraph (a)(1), (a)(2), or (b) of 
the proposed AD. The commenter states that paragraph (e) appears to 
contradict the ``Difference Between Proposed Rule and Service 
Bulletin'' paragraph in that the compliance time of within 600 flight 
cycles specified by paragraph (e) would require the inspection of the 
four fastener holes not inspected per paragraph (a)(1), (a)(2), or (b) 
prior to the next repetitive inspection specified in Table 1 of the 
proposed AD.
    The FAA agrees that clarification of the difference between the 
proposed AD and the service bulletin is necessary in the final rule. 
The commenter is correct in its understanding of paragraph (e) that the 
compliance time of within 600 flight cycles would require the 
inspection of the four fastener holes not inspected per paragraph 
(a)(1), (a)(2), or (b) prior to the next repetitive inspection 
specified in Table 1 of the proposed AD. Our intention in the 
``Difference Between Proposed Rule and Service Bulletin'' paragraph was 
to allow operators to inspect the four forward fastener holes inspected 
per paragraph (a)(1), (a)(2), or (b) of the proposed AD at the next 
repetitive inspection specified in Table 1 of the proposed AD. In our 
explanation in that paragraph, we did not include the phrase ``not 
inspected per paragraph (a)(1), (a)(2), or (b)'' when we stated, 
``during the first detailed inspection, this proposed AD allows for the 
inspection of only four of the aft most fastener holes.'' However, no 
change to the final rule is necessary in this regard, since the 
``Difference Between Proposed Rule and Service Bulletin'' paragraph is 
not restated in the final rule.

Request To Revise Wording in Paragraph (f) of the Proposed AD

    One commenter requests that the wording in paragraph (f) of the 
proposed AD be revised to ``Perform the follow-on actions specified in 
paragraph (a)(1) or (a)(2) of this AD.'' The commenter states that if 
no cracking or discrepancy is detected during the inspections required 
by paragraph (e) of the proposed AD, paragraph (f) requires operators 
to ``Perform the follow-on actions specified in paragraph (a)(2)(i) or 
(a)(2)(ii) of this AD * * * and repeat the inspections of all eight 
aft-most fastener holes thereafter at the applicable intervals 
specified in Table 1 of this AD.'' The commenter contends this implies 
that the detailed inspection required by paragraph (a)(1) of the 
proposed AD is not allowed as an option for repeat inspections. 
However, the commenter points out that Table 1 of the proposed AD 
implies that detail inspections are an option. Revising the

[[Page 24948]]

wording to ``Perform the follow-on actions specified in paragraph 
(a)(2)(i) or (a)(2)(ii) of this AD'' would allow either detailed 
inspections or high frequency eddy current (HFEC) inspections for the 
repeat inspections.
    We agree with the commenter that paragraph (f) needs to be revised. 
Either detailed inspections or HFEC inspections are allowed for the 
repeat inspections. However, we do not agree with the wording suggested 
by the commenter. Follow-on actions specified in paragraphs (a)(2)(i) 
and (a)(2)(ii), as applicable, are required if operators did the HFEC 
inspections required by paragraph (a)(2). There are no follow-on 
actions if operators did the detailed inspection required by paragraph 
(a)(1). Repeat inspections are required for operators that did either 
the detailed inspection or the HFEC inspections. We have revised 
paragraph (f) of the final rule and added paragraph (g) to the final 
rule to clarify this issue. Also, we have revised the paragraph 
numbering for the remainder of the final rule accordingly.

Request To Allow an Alternate Sealant

    One commenter requests that part number (P/N) RTV108 be allowed as 
an alternate sealant to P/N BMS 5-95 for actions required by paragraph 
(d) of the proposed AD. The commenter did not submit justification for 
this request. The commenter did refer to Boeing's concurrence with this 
substitution via a telex but the telex was not submitted.
    We do not agree with the request to allow P/N RTV108 as an 
alternate sealant. However, under the provisions of paragraph (k) of 
the final rule, we may consider requests for approval of an alternative 
method of compliance if sufficient data are submitted to substantiate 
that such a design change would provide an acceptable level of safety.

Clarification of Corrective Action Requirements

    The corrective actions specified in paragraph (h) of the proposed 
AD are to be accomplished ``if any cracking or discrepancy is detected 
during any inspection required by paragraph (e) of this AD.'' Since 
paragraphs (f) and (g) of the final rule require the repetitive 
inspections specified in paragraph (e), we determined that adding 
paragraphs (f) and (g) to paragraph (h) of the final rule would clarify 
the corrective action requirements. Accordingly, we have revised 
paragraph (h) of the final rule: ``If any cracking or discrepancy is 
detected during any inspection required by paragraphs (e), (f), or (g) 
of this AD * * *''

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 625 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 263 airplanes of U.S. registry 
will be affected by this AD.
    The detailed inspection that is required in this AD action will 
take approximately 1 work hour per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the required inspection on U.S. operators is estimated 
to be $17,095, or $65 per airplane, per inspection cycle.
    The eddy current inspection that is required by the AD action will 
take approximately 3 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the required inspection on U.S. operators is estimated 
to be $51,285, or $195 per airplane, per inspection cycle.
    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 39-12170 (66 FR 
18523, April 10, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-13603, to read as follows:

2004-09-14 Boeing: Amendment 39-13603. Docket 2002-NM-275-AD. 
Supersedes AD 2001-07-05, Amendment 39-12170.

    Applicability: Model 767 series airplanes, as listed in Boeing 
Service Bulletin 767-54A0101, Revision 3, dated September 5, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking in the primary strut structure and 
reduced structural integrity of the strut, which could result in 
separation of the strut and engine, accomplish the following:

Requirements of AD 2001-07-05

Repetitive Inspections

    (a) Except as provided by paragraph (b) of this AD, before the 
accumulation of 10,000 total flight cycles, or within 600 flight 
cycles after May 15, 2001 (the effective date of AD 2001-07-05, 
amendment 39-12170 (66 FR 18523, April 10, 2001), whichever occurs 
later: Accomplish the inspections required by paragraph (a)(1) or 
(a)(2) of this AD, as applicable.
    (1) Perform a detailed inspection of the four aft-most fastener 
holes in the horizontal tangs of the midspar fitting of the strut to 
detect cracking, in accordance with Part 1, ``Detailed Inspection,'' 
of the

[[Page 24949]]

Accomplishment Instructions of Boeing Service Bulletin 767-54A0101, 
Revision 1, dated February 3, 2000. If no cracking is detected, 
repeat the inspection thereafter at the applicable intervals 
specified in Table 1, ``Reinspection Intervals for Part 1--Detailed 
Inspection'' included in Figure 1 of the service bulletin.

    Note 1: 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.''

    (2) Perform a high frequency eddy current inspection of the four 
aft-most fastener holes in the horizontal tangs of the midspar 
fitting of the strut to detect discrepancies (cracking, incorrect 
fastener hole diameter), in accordance with Part 2, ``High Frequency 
Eddy Current (HFEC) Inspection,'' of the Accomplishment Instructions 
of the service bulletin. Accomplish the requirements specified in 
paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as applicable; and 
repeat the inspection thereafter at the applicable intervals 
specified in Table 2, ``Reinspection Intervals for Part 2--HFEC 
Inspection'' included in Figure 1 of the service bulletin.
    (i) If no cracking is detected and the fastener hole diameter is 
less than or equal to 0.5322 inch, before further flight, rework the 
hole in accordance with Part 3 of the Accomplishment Instructions of 
the service bulletin.
    (ii) If no cracking is detected and the fastener hole diameter 
is greater than 0.5322 inch, before further flight, accomplish the 
requirements specified in either paragraph (c)(1) or (c)(2) of this 
AD.
    (b) For airplanes on which the two aft-most fasteners have been 
inspected in accordance with Boeing Service Bulletin 767-54A0101, 
Revision 1, dated February 3, 2000, prior to May 15, 2001: Perform 
the initial inspection of the four aft-most fasteners in accordance 
with paragraph (a) of this AD before the accumulation of 10,000 
total flight cycles, or within 1,500 flight cycles after May 15, 
2001, whichever occurs later.

Corrective Actions

    (c) If any cracking is detected after accomplishment of any 
inspection required by paragraph (a) of this AD, before further 
flight, accomplish the requirements specified in either paragraph 
(c)(1) or (c)(2) of this AD.
    (1) Accomplish the terminating action specified in Part 4 of the 
Accomplishment Instructions of Boeing Service Bulletin 767-54A0101, 
Revision 1, dated February 3, 2000; or Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002. Accomplishment of this 
paragraph terminates the requirements of this AD.
    (2) Replace the midspar fitting of the strut with a serviceable 
part, or repair in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA. Repeat the 
applicable inspection thereafter at the applicable time specified in 
paragraph (a)(1) or (a)(2) of this AD.
    (d) If any discrepancies (cracking, incorrect fastener hole 
diameter) are detected during any inspection required by paragraph 
(a) of this AD, for which the service bulletin specifies that the 
manufacturer may be contacted for disposition of those repair 
conditions: Before further flight, accomplish the corrective actions 
(including fastener hole rework and/or midspar fitting replacement) 
in accordance with a method approved by the Manager, Seattle ACO; 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 Manager, Seattle ACO, 
to make such findings. For a method to be approved by the Manager, 
Seattle ACO, as required by this paragraph, the Manager's approval 
letter must specifically reference this AD.

New Requirements of This AD

Additional Inspections

    (e) Prior to the accumulation of 10,000 total flight cycles, or 
within 600 flight cycles after the effective date of this AD, 
whichever occurs later: Perform the inspections specified in 
paragraph (a)(1) or (a)(2) of this AD, as applicable, on all eight 
aft-most fastener holes or the four forward fastener holes in the 
group of eight aft-most fastener holes not inspected per paragraph 
(a)(1), (a)(2), or (b) of this AD. The inspection must be done per 
the Accomplishment Instructions in Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002. Accomplishment of the 
applicable inspection on all eight aft-most fastener holes 
constitutes terminating action for the repetitive inspection 
requirements of paragraphs (a)(1), (a)(2), and (b) of this AD.
    (f) If no cracking or discrepancy is detected during any 
detailed inspection required by paragraph (e) of this AD, repeat the 
inspections of all eight aft-most fastener holes thereafter at the 
applicable intervals specified in Table 1 of this AD.
    (g) If no cracking or discrepancy is detected during any HFEC 
inspection required by paragraph (e) of this AD: Perform the follow-
on actions specified in paragraph (a)(2)(i) or (a)(2)(ii) of this 
AD, as applicable, per the Accomplishment Instructions in Boeing 
Service Bulletin 767-54A0101, Revision 3, dated September 5, 2002; 
and repeat the inspections of all eight aft-most fastener holes 
thereafter at the applicable intervals specified in Table 1 of this 
AD.

    Table 1.--Repetitive Inspection Intervals for All Eight Aft-Most
                             Fastener Holes
------------------------------------------------------------------------
             If--                        Repetitive intervals--
------------------------------------------------------------------------
(1) All eight aft-most         At the applicable intervals specified in
 fastener holes were            Table 1, ``Reinspection Intervals for
 inspected per paragraph (e)    Part 1--Detailed Inspection,'' or Table
 of this AD:                    2, ``Reinspection Intervals for Part 2--
                                HFEC Inspection,'' as applicable. Both
                                tables are included in Figure 1 of the
                                service bulletin.
(2) Only the four forward      At the next scheduled repetitive
 fastener holes in the group    inspection required by paragraph (a)(1)
 of eighnt aft-most fastener    or (a)(2) of this AD, as applicable.
 holes were inspected per       Thereafter at the applicable intervals
 paragraph (e) of this AD:      specified in Table 1, ``Reinspection
                                Intervals for Part 1--Detailed
                                Inspection,'' or Table 2, ``Reinspection
                                Intervals for Part 2--HFEC Inspection,''
                                as applicable. Both tables are included
                                in Figure 1 of the service bulletin.
------------------------------------------------------------------------

Corrective Actions

    (h) If any cracking or discrepancy is detected during any 
inspection required by paragraphs (e), (f), or (g) of this AD, 
before further flight: Accomplish the corrective actions described 
in paragraph (c) of this AD, per the Accomplishment Instructions in 
Boeing Service Bulletin 767-54A0101, Revision 3, dated September 5, 
2002, except as provided in paragraph (d) of this AD.

Service Bulletin Revisions

    (i) Accomplishment of the terminating action in paragraph (c)(1) 
of this AD, per the original release of Boeing Service Bulletin 767-
54A0101, dated September 23, 1999; or Revision 2 of Boeing Service 
Bulletin 767-54A0101, dated January 10, 2002; is acceptable for 
compliance with the requirements of this AD. As of the effective 
date of this AD, only Revision 3 of Boeing Service Bulletin 767-
54A0101, dated September 5, 2002, may be used for accomplishment of 
the terminating action in paragraph (c)(1) of this AD.

Inspections Accomplished Per Previous Issue of Service Bulletin

    (j) Inspections required by paragraphs (a) and (b) of this AD 
that are accomplished before the effective date of this AD per 
Revision 2 of Boeing Service Bulletin 767-54A0101, dated January 10, 
2002; or Revision 3 of Boeing Service Bulletin 767-54A0101, dated 
September 5, 2002; are considered acceptable for compliance with the 
corresponding action specified in this AD.

[[Page 24950]]

Alternative Methods of Compliance

    (k) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
FAA, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.

Incorporation by Reference

    (l) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 767-54A0101, 
Revision 1, dated February 3, 2000; and Boeing Service Bulletin 767-
54A0101, Revision 3, dated September 5, 2002; as applicable.
    (1) The incorporation by reference of Boeing Service Bulletin 
767-54A0101, Revision 3, dated September 5, 2002, 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 Service Bulletin 
767-54A0101, Revision 1, dated February 3, 2000, was approved 
previously by the Director of the Federal Register as of May 15, 
2001 (66 FR 18523, April 10, 2001).
    (3) Copies may be obtained from Boeing Commercial Airplanes, 
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 National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (m) This amendment becomes effective on June 9, 2004.

    Issued in Renton, Washington, on April 22, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9761 Filed 5-4-04; 8:45 am]
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