[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Rules and Regulations]
[Pages 67236-67239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22854]


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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; 
Amendment 39-15274; AD 2007-24-08]
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 superseding an existing airworthiness directive 
(AD) that applies to all Boeing Model 767 airplanes. That 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 new AD instead 
requires 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 AD also requires related 
concurrent actions. 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 November 28, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 28, 
2007.

ADDRESSES: For service information identified in this AD, contact 
Boeing

[[Page 67237]]

Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2006-11-12, amendment 
39-14616 (71 FR 30272, May 26, 2006). The existing AD applies to all 
Boeing Model 767 airplanes. That NPRM was published in the Federal 
Register on September 20, 2007 (72 FR 53701). That NPRM proposed to 
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, the NPRM also proposed to 
require related concurrent actions.

Comments

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

Supportive Comment

    Boeing concurs with the contents of the proposed AD. British 
Airways (BA) also supports the need to do rudder and elevator freeplay 
checks and lubrications.

Request To Extend the Compliance Time of Freeplay Measurements

    Air Canada, BA, All Nippon Airways (ANA), and Japan Air Lines (JAL) 
request that we extend the compliance time in paragraph (g)(1) of the 
proposed AD from 12 months after the effective date of the AD to 18 
months after the effective date of the AD. JAL suggests that if 18 
months after the effective date of the AD is not acceptable, 18 months 
after the release date of the referenced service bulletin would be an 
acceptable alternative. Air Canada notes that since Boeing was given 
enough time to revise a service bulletin, operators should be given 
enough time to plan the job without significant impact on operational 
schedules. BA notes they have been unable to accomplish the referenced 
service bulletins because of the unavailability of tooling, and advises 
that they would not be able to accomplish the AD within the proposed 12 
months compliance time without significant out-of-service time. ANA and 
JAL state that scheduling their fleets to accomplish the AD within the 
proposed 12 months compliance time is not practical considering the 
large size of their Model 767 fleet, the C-check maintenance interval 
(almost 22 months and almost 18 months respectively), and the schedules 
of their maintenance facilities. ANA adds that manpower and parts 
provisioning also contribute to scheduling difficulties. ANA, BA, and 
JAL note that the service bulletin was approved with an 18-month 
compliance time.
    We agree that a change to the compliance time in paragraph (g)(1) 
of this AD is necessary, since we intended to have the required 
compliance time coincide with the compliance time recommended in Boeing 
Special Attention Service Bulletins 767-27-0197 and 767-27-0198, both 
Revision 1, both dated July 19, 2007. However, we do not agree to 
change the compliance time to 18 months after the effective date of 
this AD. As explained in the proposed AD, we have determined that 18 
months after the effective date of the AD would not address the unsafe 
condition soon enough to ensure an adequate level of safety for the 
fleet. We have revised paragraph (g)(1) to allow a compliance time of 
14 months after the effective date of the AD. This compliance time has 
been coordinated with Boeing.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

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 AD. No parts are necessary to 
accomplish any action.

                                                 Estimated Costs
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                                              Average                           Number of
                                      Work     labor                              U.S.-
              Action                 hours    rate per    Cost per airplane     registered       Fleet cost
                                                hour                            airplanes
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Freeplay measurement..............       30        $80  $2,400, per                    423  $1,015,200, per
                                                         measurement cycle.                  measurement cycle.
Lubrication.......................       27         80  $2,160, per                    423  $913,680, per
                                                         lubrication cycle.                  lubrication cycle.
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3Authority 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

[[Page 67238]]

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 
removing amendment 39-14616 (71 FR 30272, May 26, 2006) and by adding 
the following new airworthiness directive (AD):

2007-24-08 Boeing: Amendment 39-15274. Docket No. FAA-2007-29259; 
Directorate Identifier 2007-NM-195-AD.

Effective Date

    (a) This AD becomes effective November 28, 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 14 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 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

[[Page 67239]]

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.

Material Incorporated by Reference

    (m) You must use Boeing Special Attention Service Bulletin 767-
27-0197, Revision 1, dated July 19, 2007; or Boeing Special 
Attention Service Bulletin 767-27-0198, Revision 1, dated July 19, 
2007; 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 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-22854 Filed 11-27-07; 8:45 am]
BILLING CODE 4910-13-P