[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30272-30275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4846]



[[Page 30272]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23818; Directorate Identifier 2005-NM-228-AD; 
Amendment 39-14616; AD 2006-11-12]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model 767 airplanes. This AD requires repetitive measurements of 
the rudder and elevator freeplay, repetitive lubrication of rudder and 
elevator components, and related investigative/corrective actions if 
necessary. This AD results from reports of freeplay-induced vibration 
of the rudder and the elevator. The potential for vibration of the 
control surface should be avoided because the point of transition from 
vibration to divergent flutter is unknown. We are issuing this AD to 
prevent excessive vibration of the airframe during flight, which could 
result in loss of control of the airplane.

DATES: This AD becomes effective June 30, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 30, 2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6450; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Boeing Model 767 
airplanes. That NPRM was published in the Federal Register on February 
8, 2006 (71 FR 6415). That NPRM proposed to require repetitive 
measurements of the rudder and elevator freeplay, repetitive 
lubrication of rudder and elevator components, and related 
investigative/corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Revise Initial Compliance Times

    Boeing, the airplane manufacturer, requests that the initial 
compliance times be revised. The commenter recommends an allowance for 
the initial compliance intervals to start at airplane completion rather 
than after AD release.
    The commenter states that for airplanes completed after the release 
of the AD, the initial compliance time for the freeplay inspection 
should be equal to the repeat interval of 36 months specified in the 
NPRM. The commenter explains that the initial compliance time of 18 
months specified in Boeing Special Attention Service Bulletins 767-27-
0197 and 767-27-0198 (which are referenced as the appropriate sources 
of service information for accomplishing the proposed actions in the 
NPRM) resulted partially from a need to address airplanes that may not 
have been maintained frequently enough and may have excessive freeplay. 
However, the commenter notes that when airplanes leave its production 
line, excessive freeplay is not yet an issue.
    Therefore, the commenter suggests that the compliance time for 
paragraph (g) of the NPRM be revised to read ``Within 18 months after 
the effective date of this AD, or within 36 months after the date of 
issuance of the original standard certificate of airworthiness or 
original export certificate of airworthiness, whichever occurs later * 
* *.''
    The commenter also states that the initial compliance time for the 
lubrication should be equal to the lowest of the repetitive intervals 
(9 months) specified in the NPRM because airplanes may be delivered 
with either type of grease. The commenter suggests that the compliance 
time for paragraph (i) of the NPRM be revised to read ``Within 9 months 
after the effective date of this AD or within 9 months after the date 
of issuance of the original standard certificate of airworthiness or 
original export certificate of airworthiness, whichever occurs later * 
* *.''
    The commenter notes that it is planning to issue Revision 1 of the 
referenced service bulletins to address these changes.
    We agree with the commenter to revise the initial compliance times. 
We have determined that extending the initial compliance times for 
certain airplanes, as recommended by the manufacturer, will not 
adversely affect safety. We have revised the compliance times in 
paragraphs (g) and (i) of this AD accordingly.
    We acknowledge that the commenter is planning to issue Revision 1 
of the referenced service bulletins. We may consider further rulemaking 
at that time or we may consider approving Revision 1 of the service 
bulletins as an alternative method of compliance (AMOC).

Request To Revise Applicability of Repetitive Compliance Times

    Boeing requests that the wording of the applicability for the 
repetitive intervals specified in paragraphs (i)(1) and (i)(2) of the 
NPRM be revised. The commenter states that the intent of the wording in 
Boeing Special Attention Service Bulletins 767-27-0197 and 767-27-0198 
was for the longer compliance time to be allowed only if BMS 3-33 
grease is already in use at the time the lubrication task is being 
accomplished. The commenter states that an operator should not be 
allowed to take credit for planned future use of BMS 3-33 grease.
    The commenter recommends that paragraph (i)(1) of the NPRM be 
revised to read ``* * * BMS 3-33 is not already being used * * *'' and 
paragraph (i)(2) of the NPRM be revised to read ``* * * BMS 3-33 is 
already being used * * *''
    We agree with the commenter. For clarity, we have revised 
paragraphs (i)(1) and (i)(2) of this AD.

Request To Allow Maintenance Planning Document (MPD) Tasks as an AMOC

    ABSA Cargo Airline requests that certain MPD tasks be considered an 
acceptable AMOC for the actions specified in the NPRM. The commenter 
states that Model 767 MPD D622T001,

[[Page 30273]]

Revision August 2005, Items 12-21-04-3A/-3B, 12-21-06-3A/-3B, and 27-
02-00-6A/-6B, already contain the same lubrication and freeplay tasks 
on the elevator and rudder surfaces as those specified in Boeing 
Special Attention Service Bulletin 767-27-0197, with a 9-month interval 
for lubrication and a 2C interval (12,000 flight hours or 36 months) 
for freeplay check.
    We do not agree to allow tasks done in accordance with the MPD as 
an AMOC. Compliance times have to be based on defined intervals to 
ensure that the required action in an AD will be done within an 
appropriate timeframe for safe operation of the airplane. Since 
operators' scheduled maintenance (letter) checks vary, it is possible 
that an operator's C-check could occur after the compliance time 
required in this AD. In addition, MPD tasks may be revised in the 
future and therefore may differ from the requirements in this AD. 
However, paragraph (l) of this AD provides operators the opportunity to 
request an AMOC if data are presented to substantiate the actions 
provide an equivalent level of safety.

Request To Withdraw NPRM

    Air Transport Association (ATA), on behalf of its member American 
Airlines (AAL), does not agree with the provisions of the NPRM or with 
the use of an AD to mandate changes to the maintenance programs.
    AAL states that maintenance should be governed and dictated through 
the Maintenance Review Board Report (MRBR), FAA Aircraft Evaluation 
Group (AEG), with program oversight by FAA Flight Standards, and should 
not be required via an AD. AAL also states that implementation and 
oversight of an AD is costly to airlines, especially ADs that do not 
contain terminating action. AAL proposes that the NPRM be withdrawn and 
that the maintenance be implemented through proper channels, i.e., the 
MRBR. AAL concludes that when the FAA does not communicate well between 
branches, excessive costs may be driven into an operator's budget, in 
this case due to additional oversight required for an AD.
    ATA also concludes that comments by its members indicate that the 
provisions of the NPRM would be best implemented through the existing 
maintenance review board. ATA summarizes its members' comments as 
follows:
     ATA notes that AAL's comments illustrate the impact of 
using an AD rather than existing programs for implementing necessary 
maintenance changes.
     ATA states that Delta Air Lines' (DAL) comments illustrate 
inefficient disparities among the proposed repetitive intervals. DAL's 
comments are described in the ``Request to Revise Repetitive Interval'' 
paragraph in the preamble of this AD.
     ATA states that U.S. Airways' (USA) comments illustrate 
that there are alternative streamlined methods for accomplishing the 
intent of the NPRM. USA's comments are described in the ``Request for 
an AMOC for the Rudder Freeplay Inspection'' paragraph in the preamble 
of this AD.
    We do not agree with the commenter's request to withdraw this AD, 
or that an AD is not the proper vehicle for addressing the identified 
unsafe condition. According to the Federal Aviation Regulations (14 CFR 
39.1), the issuance of an AD is based on the finding that an unsafe 
condition exists or is likely to develop in aircraft of a particular 
type design. The responsibilities placed on us by the Federal Aviation 
Act do not prohibit us from making any unsafe condition--whether 
resulting from maintenance, design defect, or otherwise--the proper 
subject of an AD. Therefore, regardless of the cause or the source of 
an unsafe condition, we have the authority to issue an AD when an 
unsafe condition is found that is likely to exist or develop on other 
products of the same type design. We consider issuance of an AD 
necessary because ADs are the means to mandate accomplishment of 
procedures and adherence to specific compliance times.
    We acknowledge that some operators may currently have their own 
maintenance programs to address an unsafe condition. If a program 
contained all the requirements of an AD, an operator would already be 
in compliance with the AD, or would be in a position to obtain approval 
for an AMOC with the AD (i.e., to follow the operator's current program 
rather than revise it to comply with the AD). However, our obligation 
to issue the AD and address an unsafe condition remains. We have not 
changed this AD in this regard. However, if an operator wishes to 
request an AMOC, a provision has been specified in paragraph (l) of 
this AD.

Request To Revise Repetitive Interval

    DAL requests that the repetitive lubrication interval for rudder 
and elevator components be the same for all airplanes, regardless of 
the type of grease that is used. The commenter states that it does not 
have any negative experiences using non-BMS 3-33 grease, and therefore 
the 18-month/6,000-flight-hour interval is appropriate for all greases. 
The commenter contends that a unified interval reduces the risk of non-
compliance when an airplane must receive non-routine, non-scheduled 
servicing. The commenter also states that if all approved greases 
cannot support the 18-month/6,000-flight-hour interval, then it 
requests that as many greases as possible be added to the allowable 
greases for the longer interval.
    We acknowledge the commenter's concern; however, we do not agree. 
The lubrication is required at intervals not to exceed the earlier of 
3,000 flight hours or 9 months for airplanes on which BMS 3-33 grease 
is not used; and the earlier of 6,000 flight hours or 18 months for 
airplanes on which BMS 3-33 grease is used. The compliance times are 
consistent with the manufacturer's recommendations. In addition, the 
commenter did not provide technical substantiation allowing the 
calendar time to exceed 9 months or 18 months, depending on the type of 
grease used. We have determined that the compliance times in the AD 
represent the maximum interval of time allowable for the affected 
airplanes to continue to safely operate before the actions are done. 
However, according to the provisions of paragraph (l) of this AD, we 
may approve requests to adjust the compliance time if the request 
includes data that prove that the new compliance time would provide an 
acceptable level of safety. We have not revised this AD in this regard.

Request for an AMOC for the Rudder Freeplay Inspection

    USA requests that an AMOC be included for completing the rudder and 
elevator freeplay inspection. The commenter suggests a method for the 
rudder freeplay inspection, which is the same as the elevator freeplay 
inspection and which uses only one measurement. The commenter states 
this is an easier method that will ensure less possibility of error by 
completing only one measurement.
    We do not agree with this request. The commenter did not provide 
data substantiating that this alternative method for the rudder 
freeplay inspection would provide an acceptable level of safety. We 
have determined that the inspection must be accomplished according to 
the manufacturer's procedures. However, an operator may apply for an 
AMOC under the provisions of paragraph (l) of this AD, if data are 
submitted to substantiate that the procedure would provide an 
acceptable level of safety.

[[Page 30274]]

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 979 airplanes of the affected design in the 
worldwide fleet and 423 airplanes of U.S. registry. The following table 
provides the estimated costs for U.S. operators to comply with this AD. 
No parts are necessary to accomplish either action.

                                                 Estimated Costs
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                                                                                  Number of
                                                 Average                            U.S.-
             Action                Work hours   labor rate   Cost per airplane    registered      Fleet cost
                                                 per hour                         airplanes
----------------------------------------------------------------------------------------------------------------
Freeplay measurement............            8          $65  $520, per                    423  $219,960, per
                                                             measurement cycle.                measurement
                                                                                               cycle.
Lubrication.....................           27          $65  $1,755, per                  423  $742,365, per
                                                             lubrication cycle.                lubrication
                                                                                               cycle.
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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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-11-12 Boeing: Amendment 39-14616. Docket No. FAA-2006-23818; 
Directorate Identifier 2005-NM-228-AD.

Effective Date

    (a) This AD becomes effective June 30, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of freeplay-induced vibration 
of the rudder and the elevator. The potential for vibration of the 
control surface should be avoided because the point of transition 
from vibration to divergent flutter is unknown. We are issuing this 
AD to prevent excessive vibration of the airframe during flight, 
which could result in loss of control 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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 767-200, -300, and -300F series airplanes: Boeing 
Special Attention Service Bulletin 767-27-0197, dated October 27, 
2005; and
    (2) For Model 767-400ER series airplanes: Boeing Special 
Attention Service Bulletin 767-27-0198, dated October 27, 2005.

Repetitive Measurements

    (g) Within 18 months after the effective date of this AD; or 
within 36 months since the date of issuance of the original standard 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness; whichever occurs later: Measure 
the rudder and elevator freeplay. Repeat the measurement thereafter 
at intervals not to exceed 12,000 flight hours or 36 months, 
whichever occurs first. Do all actions required by this paragraph in 
accordance with the applicable service bulletin.

Related Investigative and Corrective Actions

    (h) If any measurement found in paragraph (g) of this AD exceeds 
any applicable limit specified in the service bulletin: Before 
further flight, do the applicable related investigative and 
corrective actions in accordance with the applicable service 
bulletin.

Repetitive Lubrication

    (i) Within 9 months after the effective date of this AD; or 
within 9 months since the date of issuance of the original standard 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness; whichever occurs later: 
Lubricate the rudder and elevator components specified in the 
service bulletin.

[[Page 30275]]

Repeat the lubrication thereafter at the applicable interval in 
paragraph (i)(1) or (i)(2) of this AD. Do all actions required by 
this paragraph in accordance with the applicable service bulletin.
    (1) For airplanes on which BMS 3-33 grease is not already in use 
prior to the time the lubrication task is being accomplished: At 
intervals not to exceed 3,000 flight hours or 9 months, whichever 
occurs first.
    (2) For airplanes on which BMS 3-33 grease is already in use 
prior to the time the lubrication task is being accomplished: At 
intervals not to exceed 6,000 flight hours or 18 months, whichever 
occurs first.

Concurrent Repetitive Cycles

    (j) If a freeplay measurement required by paragraph (g) of this 
AD and a lubrication cycle required by paragraph (i) of this AD are 
due at the same time or will be accomplished during the same 
maintenance visit, the freeplay measurement and applicable related 
investigative and corrective actions must be done before the 
lubrication is accomplished.

No Reporting Required

    (k) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (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 Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

Material Incorporated by Reference

    (m) You must use Boeing Special Attention Service Bulletin 767-
27-0197, dated October 27, 2005; or Boeing Special Attention Service 
Bulletin 767-27-0198, dated October 27, 2005; as applicable, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 17, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4846 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P