[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Proposed Rules]
[Pages 56386-56389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19234]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22523; Directorate Identifier 2005-NM-058-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767 airplanes. This proposed AD would require 
drilling a drain hole in the flanged tubes for the E1A and E1B elevator 
control cable aft pressure seals; doing repetitive inspections for 
dirt, loose particles, or blockage of the flanged tube and drain hole 
for the E1A and E1B elevator control cable aft pressure seals and 
corrective action if necessary; replacing the aft air-intake duct 
assembly with a new or modified aft air-intake duct assembly and 
installing a dripshield; and modifying the side brace fittings and 
installing gutters on the horizontal stabilizer center section. This 
proposed AD results from reports of stiff operation of the elevator 
pitch control system and jammed elevator controls. We are proposing 
this AD to prevent moisture from collecting and freezing on the 
elevator control system components, which could limit the ability of 
the flightcrew to make elevator control inputs and result in reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 14, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington,

[[Page 56387]]

DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for the service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6490; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
22523; Directorate Identifier 2005-NM-058-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    We have received reports of stiff operation of the elevator pitch 
control system and jammed elevator controls on Model 767 airplanes. One 
incident involved difficulty in flaring the airplane and resulted in a 
subsequent hard landing. This incident as well as one other incident 
was caused by moisture collecting and freezing onto the left elevator 
cables at the aft pressure bulkhead cable seats. Another incident 
involved a leaking auxiliary power unit (APU) intake duct seal, which 
allowed water to collect and freeze onto the linear variable 
differential transducer (LVDT) for the center elevator autopilot. The 
manufacturer also determined that water could enter section 48 of the 
airplane through the stabilizer side of the body fairing panels. These 
conditions, if not corrected, could limit the ability of the flightcrew 
to make elevator control inputs and result in reduced controllability 
of the airplane.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 767-27A0192, Revision 1, 
dated March 17, 2005 (for Model 767-200, -300, and -300F series 
airplanes); and Boeing Alert Service Bulletin 767-27A0193, dated 
December 4, 2003 (for Model 767-400ER series airplanes). The service 
bulletins describe procedures for drilling a drain hole in the flanged 
tubes for the E1A and E1B elevator control cable aft pressure seals.
    We have also reviewed Boeing Service Bulletin 767-27-0204, dated 
January 27, 2005 (for Model 767-200, -300, and -300F series airplanes); 
and Boeing Service Bulletin 767-27-0205, dated January 27, 2005 (for 
Model 767-400ER series airplanes). The service bulletins describe 
procedures for doing repetitive inspections for dirt, loose particles, 
or blockage of the flanged tube and drain hole for the E1A and E1B 
elevator control cable aft pressure seals and corrective action if 
necessary. The corrective action includes cleaning the flanged tube and 
drain hole.
    We have also reviewed Boeing Alert Service Bulletin 767-49A0035, 
Revision 1, dated December 11, 2003 (for certain Model 767-200, -300, 
and -300F series airplanes). The service bulletin describes procedures 
for replacing the aft air-intake duct assembly with a new or modified 
aft air-intake duct assembly and installing a dripshield.
    We have also reviewed Boeing Alert Service Bulletin 767-51A0027, 
dated December 9, 2004 (for Model 767-200, -300, and -300F series 
airplanes); and Boeing Alert Service Bulletin 767-51A0028, dated 
December 9, 2004 (for Model 767-400ER series airplanes). The service 
bulletins describe procedures for modifying the side brace fittings and 
installing gutters on the horizontal stabilizer center section. The 
modification includes drilling a drain hole, doing a dye penetrant 
inspection for cracks of the drain hole, and applying certain finishes.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Bulletins.''

Differences Between the Proposed AD and Service Bulletins

    Boeing Service Bulletin 767-27-0204, dated January 27, 2005; and 
Boeing Service Bulletin 767-27-0205, dated January 27, 2005; specify an 
inspection threshold of 24 months after the delivery date of the 
airplane. However, paragraph (g)(2)(ii) of this proposed AD specifies 
an inspection threshold of 24 months after the date of issuance of the 
original standard airworthiness certificate or the date of issuance of 
the original export certificate of airworthiness. This decision is 
based on our determination that ``delivery date'' may be interpreted 
differently by different operators. We find that our proposed 
terminology is generally understood within the industry and records 
will always exist that establish these dates with certainty.
    Boeing Alert Service Bulletin 767-51A0027, dated December 9, 2004; 
and Boeing Alert Service Bulletin 767-51A0028, dated December 9, 2004; 
do not specify a corrective action if cracks are found during the dye 
penetrant inspection for cracks of the drain hole specified in Figure 2 
of the service bulletins. This proposed AD would require operators to 
repair this condition according to a method approved by the FAA.

Clarification of Inspection Terminology

    In this proposed AD, the inspections specified in Boeing Service 
Bulletin 767-27-0204, dated January 27, 2005; and Boeing Service 
Bulletin 767-27-

[[Page 56388]]

0205, dated January 27, 2005; are referred to as a ``detailed 
inspection.'' We have included the definition for a detailed inspection 
in a note in the proposed AD.

Costs of Compliance

    There are about 900 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 410 airplanes of 
U.S. registry. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The average labor rate 
per hour is $65. We estimate that this proposed AD may have a total 
fleet cost of up to $1,789,953 for the initial inspection and 
modifications as well as a fleet cost of $26,650 per inspection cycle 
for the repetitive inspections.

                                                 Estimated Costs
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                                                             Work
             Airplanes                       Action          hours          Parts            Cost per airplane
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Model 767 airplanes identified in    Drain hole addition..       2  $0...................  $130.
 Boeing Service Bulletin 767-
 27A0192, Revision 1, dated March
 17, 2005; and Boeing Alert Service
 Bulletin 767-27A0193, dated
 December 4, 2003.
Model 767 airplanes identified in    Drain Hole Inspection       1  $0...................  $65, per inspection
 Boeing Service Bulletin 767-27-                                                            cycle.
 0204, dated January 27, 2005; and
 Boeing Service Bulletin 767-27-
 0205, dated January 27, 2005.
Model 767-200, -300, and -300F       Aft Air-intake Duct         4  $1,462 for rework kit  $1,722 with rework
 series airplanes identified in       Assembly and                   (optional--$18,985     kit (optional--
 Boeing Alert Service Bulletin 767-   Dripshield                     for new assembly       $19,245 with new
 49A0035, Revision 1, dated           Installation.                  used for first         assembly used for
 December 11, 2003.                                                  replacement to         first replacement to
                                                                     generate a spare       generate a spare
                                                                     assembly).             assembly).
Model 767 airplanes dentified in     Gutter Installation..       9  $1,821...............  $2,406.
 Boeing Alert Service Bulletin 767-
 51A0027, dated December 9, 2004;
 and Boeing Alert Service Bulletin
 767-51A0028, dated December 9,
 2004.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2005-22523; Directorate Identifier 2005-NM-
058-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Service Bulletin 767-27A0192, Revision 1, dated March 17, 
2005; Boeing Alert Service Bulletin 767-27A0193, dated December 4, 
2003; Boeing Alert Service Bulletin 767-49A0035, Revision 1, dated 
December 11, 2003; Boeing Service Bulletin 767-27-0204, dated 
January 27, 2005; Boeing Service Bulletin 767-27-0205, dated January 
27, 2005; Boeing Alert Service Bulletin 767-51A0027, dated December 
9, 2004; and Boeing Alert Service Bulletin 767-51A0028, dated 
December 9, 2004.

Unsafe Condition

    (d) This AD results from reports of stiff operation of the 
elevator pitch control system and jammed elevator controls. We are 
issuing this AD to prevent moisture from collecting and freezing on 
the elevator control system components, which could limit the 
ability of the flightcrew to make elevator control inputs and result 
in reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

[[Page 56389]]

Inspections, Modifications, Replacements, and Corrective Actions

    (f) For airplanes identified in Boeing Service Bulletin 767-
27A0192, Revision 1, dated March 17, 2005; and Boeing Alert Service 
Bulletin 767-27A0193, dated December 4, 2003: Within 18 months after 
the effective date of this AD, drill a drain hole in the flanged 
tubes for the E1A and E1B elevator control cable aft pressure seals 
by doing all the actions specified in the Accomplishment 
Instructions of Boeing Service Bulletin 767-727A0192, Revision 1, 
dated March 17, 2005 (for Model 767-200, -300, and -300F series 
airplanes); and Boeing Alert Service Bulletin 767-27A00193, dated 
December 4, 2003 (for Model 767-400ER series airplanes); as 
applicable.
    (g) For airplanes identified in Boeing Service Bulletin 767-27-
0204, dated January 27, 2005; and Boeing Service Bulletin 767-27-
0205, dated January 27, 2005: At the applicable time specified in 
paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection for 
dirt, loose particles, or blockage of the flanged tube and drain 
hole for the E1A and E1B elevator control cable aft pressure seals, 
and any applicable corrective action, by doing all the actions 
specified in the Accomplishment Instructions of Boeing Service 
Bulletin 767-27-0204, dated January 27, 2005 (for Model 767-200, -
300, and -300F series airplanes); and Boeing Service Bulletin 767-
27-0205, dated January 27, 2005 (for Model 767-400ER series 
airplanes); as applicable. Do any applicable corrective actions 
before further flight. Repeat the detailed inspection thereafter at 
intervals not to exceed 24 months.
    (1) For airplanes identified in paragraph (g) that are also 
identified in paragraph (f) of this AD: Do the inspection at the 
time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, 
whichever occurs later.
    (i) Within 24 months after doing the actions required by 
paragraph (f) of this AD.
    (ii) Within 24 months after the effective date of this AD.
    (2) For airplanes identified in paragraph (g) that are not 
identified in paragraph (f) of this AD: Do the inspection at the 
time specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, 
whichever occurs later.
    (i) Within 24 months after the effective date of this AD.
    (ii) Within 24 months since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (h) For airplanes identified in Boeing Alert Service Bulletin 
767-49A0035, Revision 1, dated December 11, 2003: Within 18 months 
after the effective date of this AD, replace the aft air-intake duct 
assembly with a new or modified aft air-intake duct assembly and 
install a dripshield by doing all the actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
49A0035, Revision 1, dated December 11, 2003.
    (i) For airplanes identified in Boeing Alert Service Bulletin 
767-51A0027, dated December 9, 2004; and Boeing Alert Service 
Bulletin 767-51A0028, dated December 9, 2004: Within 60 months after 
the effective date of this AD, modify the side brace fittings and 
install gutters on the horizontal stabilizer center section, by 
doing all the actions specified in the Accomplishment Instructions 
of Boeing Alert Service Bulletin 767-51A0027, dated December 9, 2004 
(for Model 767-200, -300, and -300F series airplanes); and Boeing 
Alert Service Bulletin 767-51A0028, dated December 9, 2004 (for 
Model 767-400ER series airplanes); as applicable; except if cracks 
are found during the dye penetrant inspection specified in Figure 2 
of the service bulletins, this AD requires, before further flight, 
operators to repair this condition according to a method approved by 
the Manager, Seattle Aircraft Certification Office (ACO), FAA. For a 
repair method to be approved by the Manager, Seattle ACO, as 
required by this paragraph, the Manager's approval letter must 
specifically refer to this AD.

Actions Accomplished According to Previous Issue of Service Bulletin

    (j) Actions accomplished before the effective date of this AD 
according to Boeing Alert Service Bulletin 767-27A0192, dated 
December 4, 2003, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Issued in Renton, Washington, on September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19234 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-13-P