[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37843-37845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15183]



[[Page 37843]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-182-AD; Amendment 39-11795; AD 2000-12-17]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 767 series airplanes, that requires 
repetitive inspections to detect fatigue cracking of the pitch load 
fittings of the wing front spar, and rework, if necessary. This 
amendment also provides for optional terminating action for the 
repetitive inspections required by this AD. This amendment is prompted 
by a structural fatigue analysis that shows that the operational loads 
of the nacelle are higher than the loads used during initial design of 
the Model 767. The actions specified by this AD are intended to detect 
and correct fatigue cracking in the pitch load fittings of the wing 
front spar, which could result in reduced structural integrity of the 
strut.

DATES: Effective July 24, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 24, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington, 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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 G. 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 767 series 
airplanes was published in the Federal Register on December 6, 1999 (64 
FR 68058). That action proposed to require repetitive inspections to 
detect fatigue cracking of the pitch load fittings of the wing front 
spar, and rework, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed Rule

    One commenter supports the proposed rule.

Request To Allow Alternative Inspection Method

    Two commenters request that the FAA revise paragraph (c)(1) of the 
proposed rule to allow a dye penetrant inspection to be performed in 
lieu of the high frequency eddy current (HFEC) inspection specified in 
that paragraph. Both commenters point out that Boeing Service Bulletin 
767-57-0053, Revision 2, dated September 23, 1999, describes a dye 
penetrant inspection that may be used instead of the HFEC inspection. 
One of the commenters also points out that the original issue, dated 
June 27, 1996, and Revision 1, dated October 31, 1996, of the service 
bulletin reference a dye penetrant inspection but not an HFEC 
inspection, and some operators have already accomplished the inspection 
in accordance with one of the earlier issues of the service bulletin. 
(``Note 2'' of the proposed rule states that use of the original issue 
or Revision 1 of the service bulletin is acceptable for compliance with 
this AD.)
    The FAA concurs with the commenters' request to revise paragraph 
(c)(1) of this AD. The FAA's intent in the proposed rule was to allow 
accomplishment of the dye penetrant inspection in lieu of the HFEC 
inspection; however, the proposed rule did not explicitly state that. 
Therefore, the FAA has revised paragraph (c)(1) of this final rule to 
require accomplishment of either an HFEC or a dye penetrant inspection.

Request to Reference Terminating Action

    Several commenters request that the proposed rule be revised to 
specify a terminating action for the proposed repetitive inspections. 
Though Boeing Service Bulletin 767-57-0053, Revision 2, specifies that 
incorporation of certain strut improvement program (SIP) service 
bulletins is terminating action, the proposed rule does not mention a 
terminating action. One commenter, the airplane manufacturer, states 
that the proposed rule should be revised to state that accomplishment 
of the applicable SIP service bulletin, along with the bushing removal, 
lug bore inspections, and insurance cut specified in Boeing Service 
Bulletin 767-57-0053, constitutes terminating action for the repetitive 
inspection requirements of this AD. One commenter, an operator, also 
points out that the SIP service bulletin that is applicable to its 
airplanes recommends accomplishment of Boeing Service Bulletin 767-57-
0053, Revision 1, dated October 31, 1996, prior to or concurrent with 
the SIP bulletin, but the SIP service bulletin does not list Boeing 
Service Bulletin 767-57-0053, Revision 2. The commenter states that the 
bulletins ``do not provide a clear direction on what needs to be 
accomplished to terminate the inspection requirements stated in the 
NPRM.''
    The FAA concurs with the commenters' request. The SIP service 
bulletins referenced by the commenter and Boeing Service Bulletin 767-
57-0053, Revision 2, do reference one another, and modification of the 
nacelle strut and wing structure as specified in the applicable SIP 
service bulletin does constitute terminating action for the repetitive 
inspections required by this AD, provided that the lug bore inspections 
and the insurance cut described in this AD are also accomplished. 
Therefore, a new paragraph (g) has been added to this final rule to 
provide this as an optional terminating action.
    In addition, the FAA is considering separate rulemaking actions to 
mandate accomplishment of the SIP service bulletins, and Boeing Service 
Bulletin 767-57-0053, Revision 2 (as well as the earlier revisions of 
that service bulletin), will be specified as an integral part of the 
actions required to accomplish the SIP service bulletins. A new ``Note 
4'' has been included in this final rule to clarify this.

Request To Specify Removal of Bushings

    One commenter requests that paragraph (c) of the proposed rule be 
revised to specify that the pitch load fitting bushings must be removed 
to accomplish the inspection of the lug bores. The commenter points out 
that removal of both the upper link and pitch load fitting bushings is 
specified in Figure 1 of the service bulletin. The commenter states 
that the omission is an error in the proposed rule.
    The FAA does not concur with the commenter's request to revise 
paragraph

[[Page 37844]]

(c) of the proposed rule. The FAA acknowledges that the pitch load 
fitting bushings must be removed prior to inspection of the lug bores. 
Though this was not explicitly stated in the proposed rule, the FAA 
finds that it is implied by the wording of paragraph (c), which reads, 
``accomplish the requirements of paragraphs (c)(1) and (c)(2) of this 
AD in accordance with [the service bulletin.]'' The service bulletin 
states that the HFEC inspection, which is specified in paragraph (c)(1) 
of this AD, is to be accomplished ``as specified in Figure 3'' of the 
service bulletin. In turn, Figure 3 instructs operators to remove the 
bushings prior to accomplishment of the inspection. The FAA finds that 
to specify every action contained in the service bulletin would 
unnecessarily complicate this AD. Therefore, no change to the final 
rule is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 663 Model 767 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 312 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 10 work hours per airplane to accomplish the 
required inspections, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $187,200, or $600 per airplane, per 
inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

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.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

2000-12-17:  Boeing: Amendment 39-11795. Docket 99-NM-182-AD.

    Applicability: Model 767 series airplanes, line numbers 1 
through 663 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 (h) 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 fatigue cracks in the pitch load fittings of the wing 
front spar, which could result in reduced structural integrity of 
the strut, accomplish the following:
    (a) Accomplish the requirements of either paragraph (b) or (c) 
of this AD at the later of the times specified in paragraphs (a)(1) 
and (a)(2) of this AD.
    (1) Prior to the initial inspection threshold specified in 
Figure 1, Table 1.1 of Boeing Service Bulletin 767-57-0053, Revision 
2, dated September 23, 1999.
    (2) Within 3,000 flight cycles or 18 months after the effective 
date of this AD, whichever occurs first.

    Note 2: Inspections and repairs accomplished prior to the 
effective date of this AD in accordance with Boeing Service Bulletin 
767-57-0053, dated June 27, 1996; or Revision 1, dated October 31, 
1996; are considered acceptable for compliance with the applicable 
action specified in this amendment.

Option 1: Ultrasonic and Eddy Current Inspections

    (b) Perform ultrasonic and eddy current inspections to detect 
cracks of the pitch load fittings of the wing front spar, in 
accordance with Boeing Service Bulletin 767-57-0053, Revision 2, 
dated September 23, 1999.
    (1) If no crack is detected, repeat the inspections thereafter 
at the interval specified in Table 1.2 of Figure 1 of the service 
bulletin.
    (2) If any crack is detected, prior to further flight, remove 
the upper link and the pitch load fitting bushings, and accomplish 
both paragraphs (b)(2)(i) and (b)(2)(ii) of this AD.
    (i) Perform a detailed visual inspection of the inner and outer 
face pad-up areas of the pitch load fittings to detect damage or 
corrosion and to determine if the pad-up areas are parallel, in 
accordance with the service bulletin. Except as provided by 
paragraph (f) of this AD, if any damage, corrosion, or non-
parallelism is detected, prior to further flight, rework the inner 
or outer face of the pitch load fitting where damage or corrosion 
was detected, and make pad-up areas parallel, as applicable, in 
accordance with the service bulletin.

[[Page 37845]]

    (ii) Accomplish paragraph (d) of this AD.

    Note 3: For the purposes of this AD, a detailed visual 
inspection is defined as:

    ``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

Option 2: High Frequency Eddy Current and Detailed Visual Inspections

    (c) Remove the upper link and accomplish the requirements of 
paragraphs (c)(1) and (c)(2) of this AD, in accordance with Boeing 
Service Bulletin 767-57-0053, Revision 2, dated September 23, 1999.
    (1) Perform a high frequency eddy current inspection or a dye 
penetrant inspection to detect cracking of the pitch load fittings 
of the wing front spar.
    (2) Perform a detailed visual inspection of the inner and outer 
face pad-up areas of the pitch load fittings to detect damage or 
corrosion and to determine if the pad-up areas are parallel. Except 
as provided by paragraph (f) of this AD, if any damage, corrosion, 
or non-parallelism is detected, prior to further flight, rework the 
inner or outer face of the pitch load fitting where damage or 
corrosion was detected, and make pad-up areas parallel, as 
applicable, in accordance with the service bulletin.

Rework

    (d) For airplanes on which any cracking is detected during any 
inspection required by paragraph (b) of this AD, or on which the 
requirements of paragraph (c) of this AD have been accomplished: 
Prior to further flight, accomplish paragraph (d)(1) or (d)(2) of 
this AD, as applicable, in accordance with Boeing Service Bulletin 
767-57-0053, Revision 2, dated September 23, 1999; and accomplish 
paragraph (e) of this AD.
    (1) For airplanes inspected in accordance with paragraph (c) of 
this AD and on which no cracking was detected: Make an insurance cut 
of the pitch load fitting lug.
    (2) For airplanes on which any cracking was detected during any 
inspection required by paragraph (b) or (c) of this AD: Except as 
provided by paragraph (f) of this AD, rework the lugs of the pitch 
load fittings of the wing front spar.

Bushing Installation

    (e) For airplanes on which the requirements specified in 
paragraph (d) of this AD have been accomplished: Prior to further 
flight, install new bushings in the pitch load fittings of the wing 
front spar as specified in paragraph (e)(1) or (e)(2) of this AD, in 
accordance with Boeing Service Bulletin 767-57-0053, Revision 2, 
dated September 23, 1999.
    (1) Option 1: Install new bushings using the high interference 
fit method, and repeat the inspections required by paragraph (b) or 
(c) of this AD at the intervals specified in Table 1.3 of Figure 1. 
of the service bulletin.
    (2) Option 2: Install new bushings using the FORCEMATE method, 
and repeat the inspections required by paragraph (b) or (c) of this 
AD at the interval specified in Table 1.4 of Figure 1. of the 
service bulletin.

Repair

    (f) If any damage is detected that is outside the limits 
specified in Boeing Service Bulletin 767-57-0053, Revision 2, dated 
September 23, 1999, and the service bulletin specifies to contact 
Boeing for appropriate action: Prior to further flight, repair in 
accordance with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA, Transport Airplane Directorate; or 
in accordance with data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative (DER) who has been authorized by the Manager, Seattle 
ACO, to make such findings. For a repair method to be approved, as 
required by this paragraph, the approval letter must specifically 
reference this AD.

Optional Terminating Action

    (g) Accomplishment of the actions specified in paragraphs (g)(1) 
and (g)(2) of this AD constitutes terminating action for the actions 
required by this AD.
    (1) Modify the nacelle strut and wing structure in accordance 
with Boeing Service Bulletin 767-54-0080, dated October 7, 1999 (for 
Model 767 series airplanes powered by Pratt & Whitney engines); 
Boeing Service Bulletin 767-54-0081, dated July 29, 1999 (for Model 
767 series airplanes powered by General Electric engines); or Boeing 
Service Bulletin 767-54-0082, dated October 28, 1999 (for Model 767 
series airplanes powered by Rolls-Royce engines); as applicable.
    (2) Accomplish the lug bore inspections and insurance cut of the 
pitch load fitting in accordance with Boeing Service Bulletin 767-
57-0053, Revision 2, dated September 23, 1999.

    Note 4: The FAA is considering separate rulemaking actions to 
mandate accomplishment of Boeing Service Bulletins 767-54-0080, 767-
54-0081, and 767-54-0082. Actions described in Boeing Service 
Bulletin 767-57-0053, Revision 2 (or previous issues of that service 
bulletin), as required by this AD will be specified as an integral 
part of the actions required to accomplish these service bulletins.

Alternative Methods of Compliance

    (h) 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 5: 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

    (i) 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

    (j) Except as provided in paragraphs (f) and (g)(1) of this AD, 
the actions shall be done in accordance with Boeing Service Bulletin 
767-57-0053, Revision 2, dated September 23, 1999. 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

    (k) This amendment becomes effective on July 24, 2000.

    Issued in Renton, Washington, on June 9, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-15183 Filed 6-16-00; 8:45 am]
BILLING CODE 4910-13-U