[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27480-27483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09953]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0869; Directorate Identifier 2013-NM-063-AD; 
Amendment 39-17845; AD 2014-09-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767 airplanes. This AD was prompted by reports 
of bearing damage at certain trailing edge (TE) flap support rib 
assemblies. This AD requires inspecting certain TE flap support rib 
assemblies to determine if the bearings have a roller retention 
feature, and performing corrective actions if necessary; and inspecting 
for bearing damage of each pair of removed bearings, and performing 
related investigative and corrective actions if necessary. We are 
issuing this AD to detect and correct damage to the TE flap support 
bearings, which could ultimately result in loss of controllability of 
the airplane.

DATES: This AD is effective June 18, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 18, 
2014.

[[Page 27481]]


ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0869; 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 (phone: 800-647-
5527) is Docket 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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 767 airplanes. The NPRM published in the Federal Register on 
November 7, 2013 (78 FR 66859). The NPRM was prompted by reports of 
bearing damage at certain TE flap support rib assemblies. The NPRM 
proposed to require inspecting certain TE flap support rib assemblies 
to determine if the bearings have a roller retention feature, and 
performing corrective actions if necessary; and inspecting for bearing 
damage of each pair of removed bearings, and performing related 
investigative and corrective actions if necessary. We are issuing this 
AD to detect and correct damage to the TE flap support bearings, which 
can result in damage to the TE rotary actuators and consequent dual 
flap drive system disconnect in both TE flap rotary actuators, and a 
possible flap aerodynamic blowback with loss of controllability of the 
airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 66859, November 7, 2013) and the FAA's response to each comment.

Support for the NPRM (78 FR 66859, November 7, 2013)

    Boeing stated that it concurs with the contents of the NPRM (78 FR 
66859, November 7, 2013).

Statement Regarding the NPRM (78 FR 66859, November 7, 2013)

    United Airlines stated that it has reviewed the NPRM (78 FR 66859, 
November 7, 2013), and has no comment to submit.

Statement Regarding the Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per APB Supplemental Type Certificate (STC) ST01920SE (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the accomplishment of the manufacturer's service instructions.
    We agree with APB's statement that the installation of winglets as 
specified in APB STC ST01219SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/
ST01920SE.pdf) does not affect accomplishment of the requirements of 
this AD. Therefore, for airplanes on which APB STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of section 39.17 of the Federal Aviation Regulations (14 
CFR 39.17). We have redesignated paragraph (c) as paragraph (c)(1) of 
this final rule, and added paragraph (c)(2) to this final rule to state 
that installation of STC ST01219SE does not affect the ability to 
accomplish the actions required by this final rule.

Request for Clarification of Trailing Edge Flap Support Re-
Identification

    ANA requested that we clarify whether the re-identification of the 
trailing edge flap support, as described in Part 3 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
27A0227, dated February 12, 2013, for Groups 1 and 3, Configuration 1, 
airplanes, would be required by the NPRM (78 FR 66859, November 7, 
2013).
    We agree to clarify. This final rule does require part re-
identification for Groups 1 and 3, Configuration 1 airplanes, as 
identified in Part 3 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-27A0227, dated February 12, 2013. This part re-
identification is for parts configuration control purposes. We have not 
changed this final rule in this regard.

Request for Credit for Previous Actions

    All Nippon Airways (ANA) requested that we provide credit for the 
actions specified in paragraphs (g) and (h) of the NPRM (78 FR 66859, 
November 7, 2013), if, before the effective date of the AD, airplane 
records were used to verify and determine that the bearings have a 
roller retention feature installed using Boeing Alert Service Bulletin 
767-27A0222, dated June 24, 2010.
    We partially agree with the commenter's request. Verifying through 
airplane records and determining that the bearings have a roller 
retention feature meets the intent of this final rule. Therefore, we 
have revised paragraph (g) of this final rule to allow for a review of 
airplane maintenance records in lieu of the roller retention feature 
inspection if it can be conclusively determined from that review that 
each affected bearing has a roller retention feature.
    However, paragraph (j) of this final rule already provides credit 
for the actions specified in paragraphs (g) and (h) of this final rule, 
if those actions were performed before the effective date of this final 
rule using Boeing Alert Service Bulletin 767-27A0222, dated June 24, 
2010. Therefore, no further change to this final rule is necessary in 
this regard.

Additional Change Made to This Final Rule

    We have revised the heading for paragraph (j) of this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described and minor editorial changes. We have 
determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (78 FR 66859, November 7, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already

[[Page 27482]]

proposed in the NPRM (78 FR 66859, November 7, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 45 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                               Cost on U.S.
             Action                  Labor cost         Parts cost     Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Up to 40                        $0   Up to $3,400......  Up to $153,000.
                                  work[dash]hours x
                                  $85 per hour = Up
                                  to $3,400.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost              Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Bearing replacement and functional   Up to 24 work-hours x   Up to $5,936..........  Up to $7,976.
 test.                                $85 per hour = Up to
                                      $2,040.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2014-09-10 The Boeing Company: Amendment 39-17845; Docket No. FAA-
2013-0869; Directorate Identifier 2013-NM-063-AD.

(a) Effective Date

    This AD is effective June 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 767-27A0227, dated 
February 12, 2013.
    (2) Installation of Aviation Partners Boeing (APB) Supplemental 
Type Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--
and--Guidance--Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/
$FILE/ST01920SE.pdf) does not affect the ability to accomplish the 
actions required by this AD. Therefore, for airplanes on which APB 
STC ST01920SE is installed, a ``change in product'' alternative 
method of compliance (AMOC) approval request is not necessary to 
comply with the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by reports of bearing damage at certain 
trailing edge (TE) flap support rib assemblies. We are issuing this 
AD to detect and correct damage to the TE flap support bearings, 
which could result in damage to the TE rotary actuators and 
consequent dual flap drive system disconnect in both TE flap rotary 
actuators, and a possible flap aerodynamic blowback with loss of 
controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 27483]]

(g) Inspection of Bearings To Determine Roller Retention Feature, and 
Corrective Actions

    Except as provided by paragraph (i) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013: 
Do a general visual inspection of both bearings at the TE flap 
support rib assembly in flap positions 1, 2, 7, and 8 to determine 
if the bearings have a roller retention feature; and do all 
applicable corrective actions; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-27A0227, dated 
February 12, 2013. Do all applicable corrective actions before 
further flight. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the roller retention 
feature of each affected bearing can be conclusively determined from 
that review.

(h) Inspection of Bearings for Damage, Related Investigative Actions, 
and Corrective Actions

    For each pair of bearings removed as required by paragraph (g) 
of this AD: At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-27A0227, dated 
February 12, 2013, do a general visual inspection for damage of the 
bearings, and do all applicable related investigative and corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013. 
Do all applicable related investigative and corrective actions 
before further flight.

(i) Exception to Compliance Time

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-27A0227, dated February 12, 2013, specifies a 
compliance time ``after the original issue date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time ``after the effective date of this AD.''

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 767-27A0222, dated June 24, 2010, which is not incorporated 
by reference in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (l)(1) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/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 the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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.

(l) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6577; fax: 425-917-6590; email: 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-27A0227, dated February 
12, 2013.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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 April 24, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-09953 Filed 5-13-14; 8:45 am]
BILLING CODE 4910-13-P