[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Proposed Rules]
[Pages 53701-53704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18544]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29259; Directorate Identifier 2007-NM-195-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 supersede an existing airworthiness 
directive (AD) that applies to all Boeing Model 767 airplanes. The 
existing AD currently requires repetitive measurements of the rudder 
and elevator freeplay, repetitive lubrications of rudder and elevator 
components, and related investigative/corrective actions if necessary. 
This proposed AD would instead require revised repetitive measurements 
of the rudder freeplay and the elevator freeplay for each of the power 
control actuators (PCAs) that move the rudder and elevator, corrective 
and related investigative actions if necessary, and repetitive 
lubrications of the rudder and elevator components. For some airplanes, 
this proposed AD would also require related concurrent actions. This 
proposed 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 proposing this AD to 
prevent excessive vibration of the airframe during flight, which could 
result in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by October 22, 
2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, 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 service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6421; 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 ``Docket No. 
FAA-2007-29259; Directorate Identifier 2007-NM-195-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 the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can 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 Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground level of the West Building at the DOT street address stated in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after

[[Page 53702]]

the Docket Management System receives them.

Discussion

    On May 17, 2006, we issued AD 2006-11-12, amendment 39-14616 (71 FR 
30272, May 26, 2006), for all Boeing Model 767 airplanes. That AD 
requires repetitive measurements of the rudder and elevator freeplay, 
repetitive lubrication of rudder and elevator components, and related 
investigative/corrective actions if necessary. That AD resulted from 
reports of freeplay-induced vibration of the rudder and the elevator. 
We issued that AD to prevent excessive vibration of the airframe during 
flight, which could result in loss of control of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-11-12, we have learned that the procedures 
in Boeing Special Attention Service Bulletins 767-27-0197 and 767-27-
0198, both dated October 27, 2005 (referred to in the existing AD as 
the appropriate sources of service information for accomplishing the 
actions required by that AD), yielded false-positive results for the 
measurements of the rudder and elevator freeplay. The service bulletin 
instructions for measuring the freeplay also did not include 
information on certain prior or concurrent actions to be performed on 
certain airplanes. Therefore, we have determined that the requirements 
of AD 2006-11-12 do not adequately address the identified unsafe 
condition.

Other Relevant Rulemaking

    On February 21, 2001, we issued AD 2001-04-09, amendment 39-12128 
(66 FR 13227, March 5, 2001). That AD requires repetitively testing the 
elevator control system to determine if an elevator power control 
actuator (PCA) is rigged incorrectly due to yielded or failed shear 
rivets in a bellcrank assembly, and follow-on actions, if necessary. 
That AD refers to Boeing Alert Service Bulletins 767-27A0168 and 767-
27A0169, both dated November 21, 2000, as the applicable sources of 
service information. Boeing Alert Service Bulletins 767-27A0168 and 
767-27A0169 are referred to in this proposed AD as sources of service 
information for accomplishing concurrent actions on certain airplanes. 
This proposed AD would not affect any of the requirements of AD 2001-
04-09.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletins 767-27-
0197, Revision 1, dated July 19, 2007 (for Model 767-200, -300, and -
300F series airplanes); and 767-27-0198, Revision 1, dated July 19, 
2007 (for Model 767-400ER series airplanes). The service bulletins 
describe improved procedures for repetitive measurements of the rudder 
freeplay and the elevator freeplay for each of the PCAs that move the 
rudder and elevator. For freeplay that exceeds certain specified 
limits, the service bulletins describe procedures for doing applicable 
related corrective and related investigative actions. Corrective and 
related investigative actions include repairing or replacing all 
applicable affected parts if necessary, and repeating the freeplay 
measurement, until the freeplay is within acceptable limits. Affected 
parts may include worn or loose hanger links, reaction links, PCA rod 
ends, and trunnion connections that contribute to the freeplay. The 
service bulletins also describe procedures and repetitive intervals for 
repetitive lubrication of the rudder and elevator components that are 
the same as those described in the original issues of the service 
bulletins.
    For certain Model 767-200, -300, and -300F series airplanes, Boeing 
Special Attention Service Bulletin 767-27-0197, Revision 1, specifies 
prior or concurrent accomplishment of Boeing Alert Service Bulletin 
767-27A0168, dated November 21, 2000, which describes, among other 
actions, procedures for inspecting the elevator bellcranks for any 
shear rivets that are broken or yielded.
    For certain Model 767-400ER series airplanes, Boeing Special 
Attention Service Bulletin 767-27-0198, Revision 1, specifies prior or 
concurrent accomplishment of Boeing Alert Service Bulletin 767-27A0169, 
dated November 21, 2000, which describes, among other actions, 
procedures for inspecting the elevator bellcranks for any shear rivets 
that are broken or yielded.
    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 develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2006-11-12. This proposed AD would require 
accomplishing the actions specified in the special attention service 
bulletins described previously, except as discussed under ``Differences 
Between the Proposed AD and the Special Attention Service Bulletins.''

Differences Between the Proposed AD and the Special Attention Service 
Bulletins

    Although Revision 1 of Boeing Special Attention Service Bulletins 
767-27-0197 and 767-27-0198 recommends accomplishing the initial rudder 
and elevator freeplay measurements within 18 months after the date on 
the service bulletins, the proposed AD would require a compliance time 
of 12 months after the effective date of the AD. We have determined 
that 18 months would not address the identified unsafe condition soon 
enough to ensure an adequate level of safety for the affected fleet. In 
developing an appropriate compliance time for this proposed AD, we 
considered the degree of urgency associated with the subject unsafe 
condition, and the possibility that this proposed AD could extend the 
compliance time for airplanes on which the measurements required in AD 
2006-11-12 have not been accomplished. In light of these factors, we 
find that 12 months represents an appropriate interval of time for 
affected airplanes to continue to operate without compromising safety. 
This difference has been coordinated with Boeing.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                           Number of U.S.-
                  Action                      Work hours     Average labor         Cost per airplane          registered             Fleet cost
                                                             rate per hour                                    airplanes
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Freeplay measurement.....................              30              $80   $2,400, per measurement                  423   $1,015,200, per measurement
                                                                              cycle.                                         cycle.

[[Page 53703]]

 
Lubrication..............................              27              $80   $2,160, per lubrication                  423   $913,680, per lubrication
                                                                              cycle.                                         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 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 
removing amendment 39-14616 (71 FR 30272, May 26, 2006) and adding the 
following new airworthiness directive (AD):

Boeing: Docket No. FAA-2007-29259; Directorate Identifier 2007-NM-
195-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
22, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-11-12.

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 and Appendices A, B, and C 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, Revision 1, dated 
July 19, 2007; and
    (2) For Model 767-400ER series airplanes: Boeing Special 
Attention Service Bulletin 767-27-0198, Revision 1, dated July 19, 
2007.

Repetitive Measurements

    (g) At the latest of the compliance times specified in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable: 
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 service bulletin.
    (1) Within 12 months after the effective date of this AD.
    (2) 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.
    (3) For the elevator freeplay measurement: Within 12,000 flight 
hours or within 36 months after the last elevator freeplay 
inspection accomplished in accordance with Boeing Special Attention 
Service Bulletin 767-27-0197 or 767-27-0198, both dated October 27, 
2005, as applicable, whichever occurs first.

Related Investigative and Corrective Actions

    (h) If any measurement found during the measurement required by 
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 
service bulletin.

Initial Lubrication

    (i) At the latest of the compliance times specified in 
paragraphs (i)(1), (i)(2), and (i)(3) of this AD, as applicable: 
Lubricate the rudder and elevator components specified in the 
service bulletin. Do all actions required by this paragraph in 
accordance with the service bulletin.
    (1) 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.
    (2) For airplanes on which BMS 3-33 grease is not already in use 
prior to the time the lubrication task is being accomplished: Within 
3,000 flight hours or 9 months after the last lubrication 
accomplished in accordance with the service bulletin or Boeing 
Special Attention Service Bulletin 767-27-0197 or 767-27-0198, both 
dated October 27, 2005, whichever occurs first.
    (3) For airplanes on which BMS 3-33 grease is already in use 
prior to the time the lubrication task is being accomplished: Within 
6,000 flight hours or 18 months after the last lubrication 
accomplished in

[[Page 53704]]

accordance with the service bulletin or Boeing Special Attention 
Service Bulletin 767-27-0197 or 767-27-0198, both dated October 27, 
2005, whichever occurs first.

Repetitive Lubrication

    (j) Repeat the lubrication required in paragraph (i) of this AD 
at the applicable interval specified in paragraph (j)(1) or (j)(2) 
of this AD.
    (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.

Repetitive Prior or Concurrent Inspection

    (k) For airplanes specified in paragraphs (k)(1) and (k)(2) of 
this AD: Prior to or concurrently with the accomplishment of each 
elevator freeplay measurement specified in paragraph (g) of this AD, 
do all applicable actions required by AD 2001-04-09.
    (1) Group 1, configuration 2, airplanes as identified in Boeing 
Special Attention Service Bulletin 767-27-0197, Revision 1, dated 
July 19, 2007.
    (2) Group 1, configuration 1, airplanes as identified in Boeing 
Special Attention Service Bulletin 767-27-0198, Revision 1, dated 
July 19, 2007.

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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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.
    (4) AMOCs approved previously in accordance with AD 2006-11-12 
are approved as AMOCs for the corresponding provisions of this AD.
    (5) AMOCs approved previously in accordance with AD 2001-04-09, 
are approved as AMOCs for the corresponding provisions of paragraph 
(k) of this AD.

    Issued in Renton, Washington, on September 13, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-18544 Filed 9-19-07; 8:45 am]
BILLING CODE 4910-13-P