[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67052-67054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26440]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0430; Directorate Identifier 2014-NM-083-AD; 
Amendment 39-18014; AD 2014-22-09]
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 all the 
Boeing Company Model 767 airplanes. This AD was prompted by a report of 
a rotary actuator for the trailing edge (TE) flap that had slipped 
relative to its mating reaction ring, which is attached to the flap 
support rib. This AD requires repetitive inspections for corrosion of 
the fixed ring gear and reaction ring splines of the rotary actuator 
assembly for each support position, and related investigative and 
corrective actions if necessary. We are issuing this AD to detect and 
correct flap rotary actuator gear disengagement from its mating 
reaction ring. This disengagement with flaps extended could cause an 
uncommanded roll due to flap blowback, overload, or flap departure from 
the airplane, which could compromise safe flight and landing of the 
airplane.

DATES: This AD is effective December 17, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 17, 
2014.

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-2014-
0430; 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: Allen Rauschendorfer, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6487; 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 all The Boeing Company 
Model 767 airplanes. The NPRM published in

[[Page 67053]]

the Federal Register on July 9, 2014 (79 FR 38797). The NPRM was 
prompted by a report of a rotary actuator for the TE flap that had 
slipped relative to its mating reaction ring, which is attached to the 
flap support rib. The NPRM proposed to require repetitive inspections 
for corrosion of the fixed ring gear and reaction ring splines of the 
rotary actuator assembly for each support position, and related 
investigative and corrective actions if necessary. We are issuing this 
AD to detect and correct flap rotary actuator gear disengagement from 
its mating reaction ring. This disengagement with flaps extended could 
cause an uncommanded roll due to flap blowback, overload, or flap 
departure from the airplane, which could compromise safe flight and 
landing of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM (79 FR 
38797, July 9, 2014) and the FAA's response to the comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the actions specified in the NPRM (79 FR 38797, July 9, 2014).
    We concur with the commenter. We have redesignated paragraph (c) of 
the NPRM (79 FR 38797, July 9, 2014) as paragraph (c)(1) and added a 
new paragraph (c)(2) to this AD to state that installation of STC 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does 
not affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which 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.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 38797, July 9, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 38797, July 9, 2014).
    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 389 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......................  60 work-hours x $85              $0   $5,100 per           $1,983,900 per
                                   per hour = $5,100                     inspection cycle.    inspection cycle.
                                   per inspection
                                   cycle.
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    We estimate the following costs to do any necessary repairs 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 
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                        Labor cost             Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Actuator repair...................  4 work-hours x $85 per                  $0   $340 per actuator.
                                     hour = $340 per actuator.
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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

    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:

[[Page 67054]]

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):

2014-22-09 The Boeing Company: Amendment 39-18014 ; Docket No. FAA-
2014-0430; Directorate Identifier 2014-NM-083-AD.

(a) Effective Date

    This AD is effective December 17, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any 
category.
    (2) Installation of 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 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 a report of a trailing edge (TE) flap 
rotary actuator that had slipped relative to its mating reaction 
ring, which is attached to the flap support rib. We are issuing this 
AD to detect and correct flap rotary actuator gear disengagement 
from its mating reaction ring. This disengagement with flaps 
extended could cause an uncommanded roll due to flap blowback, 
overload, or flap departure from the airplane, which could 
compromise safe flight and landing of the airplane.

(f) Compliance

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

(g) Repetitive Inspections, Related Investigative Actions, and 
Corrective Actions

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-27A0229, dated March 4, 2014: Do a 
detailed inspection for corrosion of the rotary actuator assembly 
fixed ring gear and reaction ring splines for each support position; 
and do all applicable related investigative and corrective actions 
if necessary; in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-27A0229, dated March 4, 2014. Do 
all applicable related investigative and corrective actions before 
further flight. Repeat the inspection of the rotary actuator 
assembly fixed ring gear and reaction ring splines for each support 
position thereafter at the applicable intervals specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-27A0229, dated March 4, 2014.

(h) Exception to the Requirements of Paragraph (g) of this AD

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-27A0229, dated March 4, 2014, 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.''

(i) 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 (j) 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.
    (4) If the service information contains steps that are labeled 
as RC (Required for Compliance), those steps must be done to comply 
with this AD; any steps that are not labeled as RC are recommended. 
Those steps that are not labeled as RC may be deviated from, done as 
part of other actions, or done using accepted methods different from 
those identified in the specified service information without 
obtaining approval of an AMOC, provided the steps labeled as RC can 
be done and the airplane can be put back in a serviceable condition. 
Any substitutions or changes to steps labeled as RC require approval 
of an AMOC.

(j) Related Information

    For more information about this AD, contact Allen 
Rauschendorfer, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: 425-917-6487; fax: 425-917-6590; email: 
[email protected].

(k) 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 767-27A0229, dated March 4, 
2014.
    (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 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.
    (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 October 28, 2014.
Jeffrey E. Duven
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-26440 Filed 11-10-14; 8:45 am]
BILLING CODE 4910-13-P