Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37843

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.

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

37844 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(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.

§ 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.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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 §§ 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–351–AD; Amendment

39–11791; AD 2000–12–13]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Airbus Model

A319, A320, and A321 series airplanes,

that currently requires revising the

FAA-approved Airplane Flight Manual

(AFM) to increase monitoring of the