[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37011-37013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-138-AD; Amendment 39-11770; AD 2000-10-51]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2000-10-51 that was sent 
previously to all known U.S. owners and operators of certain Boeing 
Model 767 series airplanes by individual notices. This AD requires a 
one-time inspection to determine whether certain bolts are installed in 
the side load underwing fittings on both struts, and various follow-on 
actions, if necessary. This action is prompted by a report that two 
fractured bolts and one cracked bolt were found in the side load 
underwing fittings. The actions specified by this AD are intended to 
detect and correct cracking or fracturing of the tension bolts on the 
side load underwing fittings on the strut, which would eventually 
result in loss of the strut.

DATES: Effective June 19, 2000, to all persons except those persons to 
whom it was made immediately effective by emergency AD 2000-10-51, 
issued May 18, 2000, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 19, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before August 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-138-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The applicable service information may be obtained from Boeing 
Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-
2207. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: James Rehrl, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2783; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On May 18, 2000, the FAA issued emergency AD 
2000-10-51, which is applicable to certain Boeing Model 767 series 
airplanes.
    On May 15, 2000, the FAA received a report indicating that an 
operator found two fractured bolts and one cracked bolt in the side 
load underwing fittings of a Model 767-200 series airplane. On the 
affected airplane, both tension bolts on the outboard side load 
underwing fitting were completely fractured, and one bolt on the 
inboard side load underwing fitting was cracked. The affected airplane 
had accumulated 65,759 total flight hours and 17,021 total flight 
cycles. The cracking and fracturing of the tension bolts is due to 
stress corrosion. The tension bolts are made of H-11 steel material, 
which service history has shown to be susceptible to stress corrosion. 
Fracture of the tension bolts in the side load underwing fittings, if 
not corrected, would eventually result in loss of the strut.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-57A0074, dated May 17, 2000, and Revision 1, dated May 18, 2000, 
which describes procedures for a one-time inspection to determine 
whether H-11 steel tension bolts are installed in the side load 
underwing fittings on both struts. If any H-11 bolts are found, or if 
the type of bolt cannot be determined, the alert service bulletin also 
describes procedures for repetitive ultrasonic inspections to detect 
cracking or fracturing of the tension bolts in the side load underwing 
fittings on both struts, and corrective action, if necessary. 
Corrective action involves replacement of both tension bolts in the 
affected side load underwing fitting with new, improved bolts. The new, 
improved

[[Page 37012]]

bolts are made of Inconel, which is more resistant to stress corrosion 
cracking than H-11 steel. Replacement of all H-11 steel tension bolts 
in the side load underwing fittings with new, improved bolts, as 
described in the alert service bulletin, eliminates the need for the 
repetitive inspections.

Explanation of Applicability

    This AD applies to Model 767 series airplanes having line numbers 1 
through 230 inclusive. The airplane manufacturer's records show that 
airplanes having line numbers 1 through 162 inclusive are likely to 
have H-11 steel tension bolts installed in the side load underwing 
fittings on the struts. However, the FAA has determined that it is 
possible that airplanes with line numbers 163 through 230 inclusive 
also have H-11 steel bolts installed. Therefore, this AD requires a 
one-time inspection on all Model 767 series airplanes with line numbers 
1 through 230 inclusive to determine whether H-11 steel tension bolts 
are installed. For airplanes having line numbers 1 through 162 
inclusive, this AD requires the initial inspection within 5 days. For 
airplanes having line numbers 163 through 230 inclusive, this AD 
requires the initial inspection within 10 days. Also, for airplanes 
having line numbers 163 through 230 inclusive on which H-11 steel bolts 
are found to be installed, this AD requires that operators report this 
fact to the FAA.

Explanation of Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, the FAA issued emergency AD 
2000-10-51 to require a one-time inspection to determine whether H-11 
steel tension bolts are installed in the side load underwing fittings 
on both struts. If an H-11 steel tension bolt is installed, or if the 
type of bolt cannot be determined, this AD requires repetitive 
ultrasonic inspections to detect cracking or fracturing of the tension 
bolts in the side load underwing fittings on both struts, and 
corrective action, if necessary. For certain airplanes, this AD also 
requires additional inspections to detect discrepancies of adjacent 
structure. For certain other airplanes, as described previously, this 
AD requires that operators report results of inspection findings to the 
FAA. This AD also provides an optional terminating action for the 
repetitive inspections described previously. The actions are required 
to be accomplished in accordance with the alert service bulletin 
described previously, except as discussed below.

Difference Between Alert Service Bulletin and This AD

    Operators should note that the alert service bulletin recommends 
that the one-time inspection to determine whether H-11 steel tension 
bolts are installed be performed within 5 days after receipt of the 
alert service bulletin. However, as described previously, this AD 
requires that the inspection be accomplished within 5 days after the 
effective date of this AD only on airplanes having line numbers 1 
through 162 inclusive. On airplanes having line numbers 163 through 230 
inclusive, this AD requires that this inspection be accomplished within 
10 days.
    Operators also should note that the alert service bulletin 
specifies that, if both tension bolts on one fitting are found cracked 
or fractured, the manufacturer must be contacted for additional 
inspection requirements to detect discrepancies of adjacent structure. 
This AD requires such additional inspection requirements to be 
accomplished in accordance with a method approved by the FAA.

Interim Action

    This is considered to be interim action. The FAA is currently 
considering requiring the replacement of all H-11 steel tension bolts 
in the side load underwing fittings with new, improved bolts, which 
would constitute terminating action for the repetitive inspections 
required by this AD. However, the planned compliance time for the 
replacement would be sufficiently long so that notice and opportunity 
for prior public comment would be practicable.

Determination of Rule's Effective Date

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on May 18, 2000, to all known U.S. owners and operators of 
Boeing Model 767 series airplanes having line numbers 1 through 230 
inclusive. These conditions still exist, and the AD is hereby published 
in the Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-138-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket.

[[Page 37013]]

    A copy of it, if filed, may be obtained from the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-10-51  Boeing: Amendment 39-11770. Docket 2000-NM-138-AD.

    Applicability: Model 767 series airplanes, line numbers (L/N) 1 
through 230 inclusive, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (g) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracking or fracturing of the tension 
bolts on the side load underwing fittings on the strut, which would 
eventually result in loss of the strut, accomplish the following:

One-Time Inspection

    (a) At the applicable time specified in paragraph (a)(1) or 
(a)(2) of this AD, perform a one-time inspection of the tension 
bolts in the side load underwing fittings on both struts to 
determine whether tension bolts made of H-11 steel are installed, in 
accordance with Boeing Alert Service Bulletin 767-57A0074, dated May 
17, 2000, or Revision 1, dated May 18, 2000. If the inspection shows 
conclusively that no H-11 steel bolt is installed, no further action 
is required by this AD.
    (1) For airplanes having L/N 1 through 162 inclusive: Inspect 
within 5 days after the effective date of this AD.
    (2) For airplanes having L/N 163 through 230 inclusive: Inspect 
within 10 days after the effective date of this AD.

Repetitive Inspections

    (b) If any H-11 steel bolt is found during the inspection 
required by paragraph (a) of this AD, or if the type of bolt cannot 
be determined: Prior to further flight, perform an ultrasonic 
inspection to detect cracking or fracturing of the tension bolts in 
the side load underwing fittings on both struts, in accordance with 
Boeing Alert Service Bulletin 767-57A0074, dated May 17, 2000, or 
Revision 1, dated May 18, 2000. Repeat the inspection thereafter at 
intervals not to exceed 500 flight hours or 300 flight cycles, 
whichever occurs later.

Replacement

    (c) If any cracked or fractured bolt is found during any 
inspection required by paragraph (b) of this AD, prior to further 
flight, replace both tension bolts in the affected side load 
underwing fitting with new, improved bolts, in accordance with 
Boeing Alert Service Bulletin 767-57A0074, dated May 17, 2000, or 
Revision 1, dated May 18, 2000.

Additional Inspection Requirements

    (d) If both tension bolts in one side load underwing fitting are 
found cracked or fractured during any inspection required by 
paragraph (b) of this AD, prior to further flight, perform 
inspections to detect discrepancies of adjacent structure in 
accordance with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA, Transport Airplane Directorate. For 
an inspection method to be approved by the Manager, Seattle ACO, as 
required by this paragraph, the Manager's approval letter must 
specifically reference this AD.

Reporting Requirement

    (e) For airplanes having L/N 163 through 230 inclusive on which 
an H-11 bolt is found installed, or on which the type of bolt cannot 
be determined during the inspection required by paragraph (a) of 
this AD: Within 48 hours after performing the inspection required by 
paragraph (b) of this AD, submit a report of findings to the 
Manager, Seattle ACO, FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington 98055-4056; fax (425) 227-1181. The 
report must include the type of bolt found and the airplane serial 
number. Information collection requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.), and have been assigned OMB Control Number 
2120-0056.

Optional Terminating Action

    (f) Replacement of all H-11 steel tension bolts in the side load 
underwing fittings on both struts with new, improved bolts, in 
accordance with Boeing Alert Service Bulletin 767-57A0074, dated May 
17, 2000, or Revision 1, dated May 18, 2000, constitutes terminating 
action for this AD.

Alternative Methods of Compliance

    (g) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (h) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (i) Except as provided by paragraph (d) of this AD, the actions 
shall be done in accordance with Boeing Alert Service Bulletin 767-
57A0074, dated May 17, 2000, or Boeing Alert Service Bulletin 767-
57A0074, Revision 1, dated May 18, 2000. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, 
Seattle, Washington 98124-2207. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (j) This amendment becomes effective on June 19, 2000, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2000-10-51, issued on May 18, 2000, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on June 1, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14314 Filed 6-12-00; 8:45 am]
BILLING CODE 4910-13-U