Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21069

317–230–6400; Fax: 317–230–4243. Copies

may be inspected at the FAA, New England

Region, Office of the Regional Counsel, 12

New England Executive Park, Burlington,

MA; or at the Office of the Federal Register,

800 North Capitol Street, NW, suite 700,

Washington, DC.

(f) This amendment becomes effective on

May 14, 2001.

Issued in Burlington, Massachusetts, on

April 16, 2001.

Francis A. Favara,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–10022 Filed 4–26–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–87–AD; Amendment

39–12200; AD 2001–08–23]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767–200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 767–

200 series airplanes. This action

requires repetitive inspections for

cracking of the outboard pitch load

fittings of the wing front spar, and

corrective action, if necessary. This

action also provides a terminating

action for the repetitive inspections,

which is optional for uncracked pitch

load fittings. This action is necessary to

find and fix cracking of the outboard

pitch load fittings of the wing front spar,

which could lead to loss of the upper

link load path and result in separation

of the strut and engine from the

airplane. This action is intended to

address the identified unsafe condition.

DATES: Effective May 14, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 14,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

June 26, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

87–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: 9-

anm-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–87–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: John

Craycraft, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2782;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received reports that fatigue

cracking of the outboard pitch load

fittings on the wing front spar has been

found on certain Boeing Model 767–200

series airplanes. Recently, the FAA has

received new reports that such fatigue

cracking was found on four out of seven

inspected airplanes. The outboard pitch

load fittings on the wing front spar are

part of the upper link load path. Such

cracking, if not corrected, could lead to

loss of the upper link load path and

result in separation of the strut and

engine from the airplane.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Service Bulletin 767–57A0070,

Revision 1, dated November 16, 2000,

which describes procedures for

repetitive high frequency eddy current

(HFEC) inspections for cracking of the

outboard pitch load fitting of the wing

front spar on the left and right sides of

the airplane, and corrective action, if

necessary. The corrective action

involves rework or replacement of

cracked parts. The service bulletin also

describes procedures for replacement of

the outboard pitch load fittings with

new fittings of improved design. These

procedures include an HFEC inspection

for damage of fastener holes, and repair

of damaged fastener holes (if necessary).

Installation of new, improved fittings

eliminates the need for the repetitive

inspections described in the service

bulletin.

Boeing Service Bulletin 767–

57A0070, Revision 1, refers to Boeing

Service Bulletin 767–57–0053 as an

additional source of service information

for accomplishment of the replacement

of the outboard pitch load fitting on

Model 767–200 series airplanes.

Explanation of the 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

find and fix cracking of the outboard

pitch load fittings of the wing front spar,

which could lead to loss of the upper

link load path and result in separation

of the strut and engine from the

airplane. This AD requires

accomplishment of the actions specified

in Boeing Service Bulletin 767–

57A0070, Revision 1, described

previously, except as discussed below.

Differences Between This AD and

Service Bulletin

This AD differs from Boeing Service

Bulletin 767–57A0070, Revision 1, in

the following ways:

• The service bulletin instructs that

the manufacturer should be contacted

for rework instructions. However, this

AD requires such rework to be

accomplished per a method approved

by the FAA, or per data meeting the

type certification basis of the airplane

approved by a Boeing Company

Designated Engineering Representative

who has been authorized by the

Manager of the Seattle Aircraft

Certification Office, to make such

findings.

• The service bulletin specifies a

compliance time of 180 days after

receipt of the service bulletin for

accomplishment of the initial inspection

per that service bulletin. However, this

AD requires accomplishment of the

initial inspection within 30 days after

the effective date of this AD. In

developing an appropriate compliance

time for this AD, the FAA considered

not only the manufacturer’s

recommendation, but the degree of

urgency associated with addressing the

subject unsafe condition, and, in

particular, the recent reports indicating

that cracked pitch load fittings were

found on four of seven inspected

airplanes. In light of all of these factors,

the FAA finds a 30-day compliance time

for completing the required inspection

to be warranted, in that it represents an

21070 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations

appropriate interval of time allowable

for affected airplanes to continue to

operate without compromising safety.

Interim Action

This is considered to be interim

action. The FAA is currently

considering requiring the replacement

of the outboard pitch load fitting of the

wing front spar with a new, improved

fitting, which is provided in this AD as

optional for uncracked pitch load

fittings, and which would terminate the

repetitive inspections required by this

AD action. However, the planned

compliance time for the replacement is

sufficiently long so that notice and

opportunity for prior public comment

will be practicable.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

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.

Submit comments using the following

format:

• 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.

• For each issue, state what specific

change to the AD is being requested.

• 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 2001-NM–87-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. 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–08–23 Boeing: Amendment 39–12200.

Docket 2001–NM–87–AD.

Applicability: Model series airplanes, as

listed in Boeing Service Bulletin 767–

57A0070, Revision 1, dated November 16,

2000, 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 (e) 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 find and fix cracking of the outboard

pitch load fittings of the wing front spar,

which could lead to loss of the upper link

load path and result in separation of the strut

and engine from the airplane, accomplish the

following:

Initial and Repetitive Inspections

(a) Within 30 days after the effective date

of this AD, perform a high frequency eddy

current (HFEC) inspection for cracking of the

outboard pitch load fitting of the wing front

spar, on the left and right sides of the

airplane, according to Boeing Service

Bulletin 767–57A0070, Revision 1, dated

November 16, 2000. If no cracking is found,

repeat the inspection at least every 3,000

flight cycles or 18 months, whichever occurs

first, until paragraph (c) of this AD is done.

Note 2: Inspections done prior to the

effective date of this AD, in accordance with

Boeing Service Bulletin 767–57A0070, dated

March 2, 2000, as revised by Information

Notice 767–57A0070 IN 01, dated March 23,

2000, are considered acceptable for

compliance with paragraph (a) of this AD.

Corrective Action

(b) If any cracking is found during any

inspection per paragraph (a) of this AD, prior

to further flight, do paragraph (b)(1) or (b)(2)

of this AD.

(1) Rework the cracked outboard pitch load

fitting according to a method approved by the

Manager, Seattle Aircraft Certification Office

(ACO), FAA; or according to data meeting the

type certification basis of the airplane

approved by a Boeing Company Designated

Engineering Representative who has been

authorized by the Manager, Seattle ACO, to

make such findings. For a rework method to

be approved by the Manager, Seattle ACO, as

required by this paragraph, the Manager’s

approval letter must specifically reference

this AD.

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Rules and Regulations 21071

(2) Replace the cracked outboard pitch load

fitting with a new, improved fitting

(including removing the existing fittings,

performing an HFEC inspection for damage

of fastener holes, repairing damaged fastener

holes—if necessary, and installing new

fittings of improved design), according to

Boeing Service Bulletin 767–57A0070,

Revision 1, dated November 16, 2000. Such

replacement terminates the repetitive

inspections required by paragraph (a) of this

AD for the replaced fitting.

Note 3: Boeing Service Bulletin 767–

57A0070, Revision 1, refers to Boeing Service

Bulletin 767–57–0053 as an additional source

of service information for accomplishment of

the replacement of the outboard pitch load

fitting on Model 767–200 series airplanes.

Optional Terminating Action

(c) Replacement of the outboard pitch load

fitting of the wing front spar with a new,

improved fitting, according to Boeing Service

Bulletin 767–57A0070, Revision 1, dated

November 16, 2000, terminates the repetitive

inspections required by paragraph (a) of this

AD for the replaced fitting.

Spares

(d) As of the effective date of this AD, no

one may install on any airplane an outboard

pitch load fitting that has a part number

listed in the ‘‘Existing Part Number’’ column

of Paragraph 2.E. of Boeing Service Bulletin

767–57A0070, Revision 1, dated November

16, 2000.

Alternative Methods of Compliance

(e) 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 4: 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

(f) 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

(g) Except as provided by paragraph (b)(1)

of this AD, the actions shall be done in

accordance with Boeing Service Bulletin

767–57A0070, Revision 1, dated November

16, 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

(h) This amendment becomes effective on

May 14, 2001.

Issued in Renton, Washington, on April 18,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–10176 Filed 4–26–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–296–AD; Amendment

39–12199; AD 2001–08–22]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767–200 and –300 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–

200 and –300 series airplanes, that

requires replacement of the existing

potable water fill line tube with a new

hose. This action is necessary to prevent

fracture of a clamshell coupling on the

potable water fill line, which could

cause water to flow into the aft cargo

compartment. A large amount of water

in the cargo compartment could cause

large shifts in the airplane’s center of

gravity, which could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective June 1, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 1,

2001.

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: Don

Eiford, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2788; 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 767–200 and –300 series

airplanes was published in the Federal

Register on December 21, 2000 (65 FR

80390). That action proposed to require

replacement of the existing potable

water fill line tube with a new hose.

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 Proposal

One commenter supports the

proposed rule, and two other

commenters state no objection to the

proposed rule because they do not

operate airplanes subject to the

proposed rule.

Request To Limit Applicability

One commenter requests that the FAA

revise the applicability of the proposed

AD to state that the actions are only

required for airplanes equipped with a

potable water system. The commenter

states that it operates several airplanes

included in the applicability statement

of the proposed rule that are not

equipped with a potable water system.

The unsafe condition addressed by the

proposed AD may occur when water is

being pumped into the airplane to fill

the potable water system. However, if

the airplane has no potable water

system, there is no cause for water to be

pumped into the airplane. Thus,

airplanes without a potable water

system would not be subject to the

unsafe condition. The FAA concurs, and

has revised the applicability statement

of this AD to include only Boeing Model

767–200 and –300 series airplanes listed

in Boeing Alert Service Bulletin 767–

38A0057, dated July 13, 2000, that are

equipped with a potable water system.

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 change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.