[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58641-58645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24751]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-140-AD; Amendment 39-11910; AD 2000-19-09]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes 
Powered by Rolls-Royce RB211 Series Engines

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Boeing Model 767 series airplanes powered by 
Rolls-Royce RB211 series engines. This action requires modification of 
the nacelle strut and wing structure. This action is necessary to 
prevent fatigue cracking in primary strut structure and consequent 
reduced structural integrity of the strut. This action is intended to 
address the identified unsafe condition.

DATES: Effective October 17, 2000.

[[Page 58642]]

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 17, 2000.
    The incorporation by reference of Boeing Service Bulletin 767-57-
0053, Revision 2, dated September 23, 1999, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of July 24, 2000 (65 FR 37843, June 19, 2000).
    Comments for inclusion in the Rules Docket must be received on or 
before December 1, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-140-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#556c78343b38783c3427363a3838303b21153334347b323a23"><span class="__cf_email__" data-cfemail="d4edf9b5bab9f9bdb5a6b7bbb9b9b1baa094b2b5b5fab3bba2">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-140-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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 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, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2783; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received reports indicating that 
the airplane manufacturer has accomplished a structural reassessment of 
the damage tolerance capabilities of the Boeing Model 767 series 
airplanes powered by Rolls-Royce RB211 series engines. This 
reassessment indicates that the actual operational loads applied to the 
nacelle strut and wing structure are higher than the analytical loads 
that were used during the initial design. Subsequent analysis and 
service history, which includes numerous reports of fatigue cracking on 
certain strut and wing structure, indicate that fatigue cracking can 
occur on the primary strut structure before an airplane reaches its 
design service objective of 20 years or 50,000 flight cycles. Analysis 
also indicates that such cracking, if it were to occur, would grow at a 
much greater rate than originally expected. Fatigue cracking in primary 
strut structure would result in reduced structural integrity of the 
strut.

Explanation of Relevant Service Information

    Boeing recently developed a modification of the strut-to-wing 
attachment structure installed on Boeing Model 767 series airplanes 
powered by Rolls-Royce RB211 series engines. This modification 
significantly improves the load-carrying capability and durability of 
the strut-to-wing attachments. Such improvement also will substantially 
reduce the possibility of fatigue cracking and corrosion developing in 
the attachments.
    The FAA has reviewed and approved Boeing Service Bulletin 767-54-
0082, dated October 28, 1999, which describes procedures for 
modification of the nacelle strut and wing structure. The modification 
consists of the following actions:
    <bullet> Detailed visual inspections for migration of the midspar, 
upper spar, and lower spar fitting bushings and the strut side link 
fitting bearings of the strut.
    <bullet> Installation of new tension bolts in the aft pitch load 
fitting and a new side link fitting of the wing.
    <bullet> Inspection and rework of the side load fittings of the 
wing and rework of the forward pitch load fitting of the wing.
    <bullet> Replacement of many of the significant load-bearing 
components of the strut-to-wing attachment (e.g., midspar fuse pins, 
side links, side link fuse pins, diagonal brace, and diagonal brace 
fuse pins) with improved components.
    The service bulletin contains a formula for calculating an optional 
compliance threshold for the specified modification. This formula is 
intended to be used as an alternative to the 20-year calendar threshold 
specified in the service bulletin.
    In addition, Table 2 of the service bulletin identifies six related 
service bulletin modifications that must be accomplished before or at 
the same time as the modification in Boeing Service Bulletin 767-54-
0082:
    <bullet> Boeing Service Bulletin 767-29-0057: The FAA has reviewed 
and approved Boeing Service Bulletin 767-29-0057, dated December 16, 
1993, which describes procedures for modification of the electrical 
wiring support of the alternating current motor pump of the main 
hydraulic power system. The modification involves installing new band 
clamps and index-straps, and on certain airplanes, new wire support 
brackets on the strut bulkhead.
    <bullet> Boeing Service Bulletin 767-54-0059: The FAA has reviewed 
and approved Boeing Service Bulletin 767-54-0059, dated July 28, 1994, 
which describes procedures for removing the midspar fuse pins, 
performing repetitive detailed visual inspections for cracked or broken 
sealant or migration or rotation of the midspar attachment fitting 
bushings, and accomplishing follow-on corrective actions (including 
replacing the bushings), if necessary.
    <bullet> Boeing Service Bulletin 767-54-0069: The FAA has reviewed 
and approved Boeing Service Bulletin 767-54-0069, Revision 1, dated 
January 29, 1998, which describes procedures for rework of the side 
load fitting and tension fasteners, as applicable, and replacement of 
midspar fuse pins with new, higher-strength midspar fuse pins. The 
rework involves increasing the size of the tension bolts of the inboard 
and outboard side load fittings. The replacement also involves 
installing new, higher-strength bolts and radius fillers in the side 
load fittings and backup support structure, and installing higher-
strength fasteners common to the front spar and rib number 8 rib post.
    <bullet> Boeing Service Bulletin 767-54-0083: The FAA has reviewed 
and approved Boeing Service Bulletin 767-54-0083, dated September 17, 
1998, which describes procedures for replacement of the upper link 
assembly with a new, improved assembly that will increase the strength 
and durability of the upper link installation. That service bulletin 
also describes procedures for modification of the wire support brackets 
attached to the upper link.
    <bullet> Boeing Service Bulletin 767-54-0088: The FAA has reviewed 
and approved Boeing Service Bulletin 767-54-0088, Revision 1, dated 
July 29, 1999, which describes procedures for replacement of the upper 
link fuse pin and aft pin with new, improved pins that will increase 
the strength and durability of the upper link installation.
    <bullet> Boeing Service Bulletin 767-57-0053, Revision 1, dated 
October 31, 1996: The FAA has previously issued AD 2000-12-17, 
amendment 39-11795 (65 FR 37843, June 19, 2000), which requires 
repetitive inspections to detect fatigue cracking of the pitch load 
fitting

[[Page 58643]]

lugs of the wing front spar, and rework, if necessary, in accordance 
with Boeing Service Bulletin 767-57-0053, Revision 2, dated September 
23, 1999. ``NOTE 2'' of that AD states that inspections and rework 
accomplished prior to July 24, 2000 (the effective date of AD 2000-12-
17) under Boeing Service Bulletin 767-57-0053, dated June 27, 1996, or 
Revision 1, dated October 31, 1996, are acceptable for compliance with 
that AD.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent fatigue cracking in primary strut structure and 
consequent reduced structural integrity of the strut. This AD requires 
accomplishment of the actions specified in the service bulletins 
described previously, except as discussed below.

Differences Between Service Bulletin and This AD

    Boeing Service Bulletin 767-54-0082 recommends accomplishment of 
the actions in Boeing Service Bulletin 767-57-0053, Revision 1, prior 
to or concurrently with the actions in Boeing Service Bulletin 767-54-
0082. However, as discussed above, the FAA has previously issued AD 
2000-12-17 to require Boeing Service Bulletin 767-57-0053, Revision 2. 
Therefore, paragraph (b) of this AD requires accomplishment of Boeing 
Service Bulletin 767-57-0053, Revision 2, instead of Revision 1. 
However, as specified in ``Note 2'' of this AD, Revision 1 is 
acceptable for compliance with this requirement.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    The following are costs associated with this AD that would apply if 
an affected airplane is imported and placed on the U.S. Register in the 
future:
    <bullet> It would require approximately 314 work hours to 
accomplish the actions described in Boeing Service Bulletin 767-54-
0082, at an average labor rate of $60 per work hour. The manufacturer 
has committed previously to its customers that it will bear the cost of 
replacement parts. As a result, the cost of those parts is not 
attributable to this AD. Based on these figures, the cost impact of 
this action would be $18,840 per airplane.
    <bullet> It would take approximately 16 work hours per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-29-
0057, at an average labor rate of $60 per work hour. Required parts 
would be provided at no cost by the airplane manufacturer. Based on 
these figures, the cost impact of this action would be $960 per 
airplane.
    <bullet> It would take approximately 6 work hours per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-54-
0059, at an average labor rate of $60 per work hour. Required parts 
would be provided at no cost by the airplane manufacturer. Based on 
these figures, the cost impact of this action would be $360 per 
airplane.
    <bullet> It would take approximately 212 work hours per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-53-
0069, Revision 1, at an average labor rate of $60 per work hour. 
Required parts would be provided at no cost by the airplane 
manufacturer. Based on these figures, the cost impact of this action 
would be $12,720 per airplane.
    <bullet> It would take approximately 1 work hour per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-54-
0083, at an average labor rate of $60 per work hour. Required parts 
would be provided at no cost by the airplane manufacturer. Based on 
these figures, the cost impact of this action would be $60 per 
airplane.
    <bullet> It would take approximately 4 work hours per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-54-
0088, Revision 1, at an average labor rate of $60 per work hour. 
Required parts would be provided at no cost by the airplane 
manufacturer. Based on these figures, the cost impact of this action 
would be $240 per airplane.
    <bullet> It would take approximately 5 work hours per airplane to 
accomplish the actions described in Boeing Service Bulletin 767-57-
0053, Revision 2, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of these actions would be $300 per 
airplane. Because the actions described in this service bulletin are 
already required by another AD action, this requirement adds no new 
costs for affected operators.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    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-140-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 58644]]

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:

2000-19-09 Boeing: Amendment 39-11910. Docket 2000-NM-140-AD.
    Applicability: Model 767 series airplanes powered by Rolls-Royce 
RB211 series engines, 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 (d) 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 prevent fatigue cracking in primary strut structure and 
consequent reduced structural integrity of the strut, accomplish the 
following:

Modifications

    (a) At the later of the times specified in paragraph (a)(1) or 
(a)(2) of this AD, modify the nacelle strut and wing structure on 
both the left and right sides of the airplane, in accordance with 
Boeing Service Bulletin 767-54-0082, dated October 28, 1999:
    (1) Prior to the accumulation of 37,500 total flight cycles, or 
within 20 years since the date of manufacture, whichever occurs 
first. Use of the optional threshold formula described in Figure 1 
of the service bulletin is an acceptable alternative to the 20-year 
threshold, provided that the additional criteria specified in the 
service bulletin are met; or
    (2) Within 3,000 flight cycles after the effective date of this 
AD.
    (b) Prior to or concurrently with the accomplishment of the 
modification of the nacelle strut and wing structure required by 
paragraph (a) of this AD, as specified in paragraph 1.D., Table 2, 
``Prior or Concurrent Service Bulletins,'' on page 3 of Boeing 
Service Bulletin 767-54-0082, dated October 28, 1999, accomplish the 
actions specified in the following service bulletins: Boeing Service 
Bulletin 767-29-0057, dated December 16, 1993; Boeing Service 
Bulletin 767-54-0059, dated July 28, 1994; Boeing Service Bulletin 
767-54-0069, Revision 1, dated January 29, 1998; Boeing Service 
Bulletin 767-54-0083, dated September 17, 1998; Boeing Service 
Bulletin 767-54-0088, Revision 1, dated July 29, 1999; and Boeing 
Service Bulletin 767-57-0053, Revision 2, dated September 23, 1999.

    Note 2: AD 2000-12-17, amendment 39-11795, requires 
accomplishment of Boeing Service Bulletin 767-57-0053, Revision 2, 
dated September 23, 1999. However, inspections and rework 
accomplished in accordance with Boeing Service Bulletin 767-57-0053, 
dated June 27, 1996, or Revision 1, dated October 31, 1996, are 
acceptable for compliance with the applicable action required by 
paragraph (b) of this AD.

Repair

    (c) If any damage to airplane structure is found during the 
accomplishment of any modification required by paragraph (a) or (b) 
of this AD, and the applicable service bulletin specifies to contact 
Boeing for appropriate action, then prior to further flight, repair 
in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA. For a repair method to be 
approved by the Manager, Seattle ACO, as required by this paragraph, 
the Manager's approval letter must specifically reference this AD.

Alternative Methods of Compliance

    (d) 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 3: 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

    (e) Special flight permits may be issued in accordance with 
sections 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

    (f) Except as provided by paragraph (c) of this AD, the actions 
shall be done in accordance with Boeing Service Bulletin 767-54-
0082, dated October 28, 1999; Boeing Service Bulletin 767-29-0057, 
dated December 16, 1993; Boeing Service Bulletin 767-54-0059, dated 
July 28, 1994; Boeing Service Bulletin 767-54-0069, Revision 1, 
dated January 29, 1998; Boeing Service Bulletin 767-54-0083, dated 
September 17, 1998; Boeing Service Bulletin 767-54-0088, Revision 1, 
dated July 29, 1999; and Boeing Service Bulletin 767-57-0053, 
Revision 2, dated September 23, 1999; as applicable.
    (1) The incorporation by reference of Boeing Service Bulletin 
767-54-0082, dated October 28, 1999; Boeing Service Bulletin 767-29-
0057, dated December 16, 1993; Boeing Service Bulletin 767-54-0059, 
dated July 28, 1994; Boeing Service Bulletin 767-54-0069, Revision 
1, dated January 29, 1998; Boeing Service Bulletin 767-54-0083, 
dated September 17, 1998; and Boeing Service Bulletin 767-54-0088, 
Revision 1, dated July 29, 1999; is approved by the Director of the 
Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The incorporation by reference of Boeing Service Bulletin 
767-57-0053, Revision 2, dated September 23, 1999, was approved 
previously by the Director of the Federal Register as of July 24, 
2000 (65 FR 37843, June 19, 2000).
    (3) 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

    (g) This amendment becomes effective on October 17, 2000.


[[Page 58645]]


    Issued in Renton, Washington, on September 21, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24751 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-13-P


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