[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Proposed Rules]
[Pages 56383-56386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19233]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22529; Directorate Identifier 2005-NM-099-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Boeing Model 767-200, -300, and 
-300F series airplanes. The existing AD currently requires repetitive 
inspections of the lubrication passage and link assembly joint in the 
inboard and outboard flaps of the trailing edge for discrepancies, and 
corrective action if necessary. This proposed AD would require new 
inspections for cracking or severe wear of the bearings of the link 
assembly, and corrective actions if necessary. This proposed AD would 
also require inspecting any link assembly not previously inspected for 
damage and replacing it with a new assembly if necessary. This proposed 
AD also ends the existing repetitive inspections for certain airplanes, 
and extends the repetitive interval for the existing repetitive 
inspections and the compliance time for the corrective action on 
certain other airplanes. This proposed AD also provides an optional 
terminating action that would end the repetitive inspections. This 
proposed AD results from additional reports indicating fractured 
bearings of the link assembly joint in the inboard and outboard flaps 
of the trailing edge. We are proposing this AD to prevent failure of 
the bearings in the link assembly joint, which could result in 
separation of the inboard or outboard flap and consequent loss of 
control of the airplane.

DATES: We must receive comments on this proposed AD by November 14, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Candice Gerretsen, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6428; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Include the docket number 
``Docket No. FAA-2005-22529; Directorate Identifier 2005-NM-099-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On January 16, 2002, we issued AD 2002-01-15, amendment 39-12609 
(67 FR 4328, January 30, 2002), for certain Boeing Model 767-200, -300, 
and -300F series airplanes. That AD requires repetitive inspections of 
the lubrication passage and link assembly joint in the inboard and 
outboard flaps of the trailing edge for discrepancies, and corrective 
action if necessary. That AD resulted from reports of fractured 
bearings and blocked lubrication passages of the link assembly joint in 
the inboard and outboard flaps of the trailing edge. We issued that AD 
to prevent failure of the bearings in the link assembly joint, which 
could result in separation of the outboard flap and consequent loss of 
control of the airplane.

Actions Since Existing AD Was Issued

    The preamble to AD 2002-01-15 explains that we consider the 
requirements ``interim action'' and were considering further 
rulemaking. We now have determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination.
    Since we issued AD 2002-01-15, we have received reports of numerous 
additional incidents of fractured bearings of the link assembly joint 
in the inboard and outboard flaps of the trailing edge. In several of 
these additional incidents, the bearings were properly lubricated. 
Metallurgical examination of fractured bearings indicated 
environmentally assisted cracking.
    These additional incidents support the data referenced in the 
SUPPLEMENTARY INFORMATION section of AD 2002-01-15 that indicate that 
bearings of the link assembly joint may fail even when they are 
properly lubricated. However, paragraph (b)(1) of

[[Page 56384]]

AD 2002-01-15 allows repetitive inspections to continue indefinitely 
(i.e., without accomplishment of the interim corrective action 
referenced in paragraph (b)(3) of AD 2002-01-15) if the lubrication 
passage is not blocked and no fractured bearing or loose or damaged 
joint is found. Based on the continued reports of bearing failures, we 
have determined that accomplishment of the corrective action specified 
in the existing AD (which involves removing the link assembly, 
inspecting it for damage, and replacing it with a new assembly if 
damage is found) would ensure the continued operating safety of the 
affected airplane fleet better than continued repetitive inspections. 
Accomplishing the interim corrective action eliminates the need to 
repeat the inspections for discrepancies of the lubrication passage and 
link assembly joint.
    However, based on the results of extensive testing performed by the 
manufacturer, we have determined that it is appropriate to extend, from 
30 days to 60 days, the interval for the repetitive inspections for 
discrepancies of the lubrication passage and link assembly joint for 
certain airplanes, and to end these repetitive inspections for certain 
other airplanes. Also based on the results of the extensive testing, we 
have determined that it is appropriate to extend the compliance time 
for doing the corrective action (as specified in Part 2 of the 
referenced service bulletin) from 6 months to 24 months after the 
initial inspection. Accordingly, we have revised paragraphs (f) and (g) 
of this proposed AD (which comprise the restatement of the requirements 
of paragraphs (a) and (b) of AD 2002-01-15).

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-27A0167, 
Revision 2, dated October 7, 2004. (AD 2002-01-15 refers to the 
original issue of that service bulletin, dated December 7, 2000, as the 
appropriate source of service information for the actions required by 
that AD.) The procedures described in Part 1, Lubrication Passage and 
Joint Inspection; and Part 2, Link Removal, Disassembly, Inspection, 
and Repair; are similar to those described in the original issue of the 
service bulletin, except that Revision 2 of the service bulletin 
specifies that the inspection of the lubrication passage and joints is 
a detailed visual inspection. (The original issue of the service 
bulletin did not specify the type of inspection.)
    Revision 2 of the service bulletin includes a new Part 3, Link 
Removal and Bearing Inspection. Part 3 describes procedures for 
repetitively removing the link assembly, visually inspecting the 
bearing ball for cracks, and inspecting the outer race of the bearing 
for severe wear. If no crack or evidence of severe wear is found, the 
service bulletin specifies that the link may be reinstalled. If any 
crack or excessive radial play/severe wear is found, the service 
bulletin says to do Part 2 of the service bulletin before further 
flight.
    Accomplishing the actions specified in Boeing Alert Service 
Bulletin 767-27A0167, Revision 2, is intended to adequately address the 
unsafe condition.
    We have also reviewed Boeing Service Bulletin 767-27-0196, dated 
April 21, 2005, which describes procedures for replacing the existing 
link assemblies of the trailing edge flaps with new, improved or 
modified assemblies that contain new bearings that use a bearing ball 
of a different material. These new bearings are not subject to 
environmentally induced cracking. Doing this replacement eliminates the 
need for the repetitive removal and inspections of the bearing ball for 
cracks and for severe wear of the outer race of the bearing.

FAA's Determination and Requirements of the Proposed AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design that may be 
registered in the U.S. at some time in the future. We are proposing to 
supersede AD 2002-01-15. For certain airplanes, this proposed AD would 
continue to retain the requirements of the existing AD, and would 
extend the repetitive interval for the existing inspections and the 
compliance time for the corrective action. This proposed AD would also 
require accomplishing the actions specified in Boeing Alert Service 
Bulletin 767-27A0167, Revision 2, described previously, except as 
discussed under ``Differences Between the Proposed AD and Boeing 
Service Bulletin 767-27A0167, Revision 2.'' This proposed AD would also 
provide for doing Boeing Service Bulletin 767-27-0196 as an optional 
terminating action for the new repetitive inspections.

Clarification of Requirements of AD 2002-01-15

    As stated previously, Boeing Alert Service Bulletin 767-27A0167, 
Revision 2, specifies detailed visual inspections of the lubrication 
passage and joints for discrepancies. The original issue of that 
service bulletin did not specify the type of inspection that was 
needed, so, in AD 2002-01-15, we identify these inspections as general 
visual inspections, and include a definition of ``general visual 
inspection.'' As also stated previously, the procedures described in 
Part 1, Lubrication Passage and Joint Inspection, of Revision 2 of the 
service bulletin are similar to those described in the original issue 
of the service bulletin, except for the change in terminology. 
Therefore, for clarification, we have revised the inspection 
requirement restated in paragraph (f) of this proposed AD to specify a 
detailed inspection. Because the definition of this type of inspection 
is included in the service bulletin, it is not necessary to include the 
definition in this proposed AD.

Differences Between the Proposed AD and Boeing Service Bulletin 767-
27A0167, Revision 2

    For airplanes on which Part 2 of Boeing Service Bulletin 767-
27A0167 (any revision) has not been done, Boeing Alert Service Bulletin 
767-27A0167, Revision 2, specifies a compliance time of 90 days after 
October 7, 2004 (the release date of Revision 2 of that service 
bulletin) for doing Part 2 of the service bulletin. However, for these 
airplanes, if the lubrication passage has not been found blocked and no 
fractured bearing or loose or damaged joint has been found during any 
inspection required by paragraph (f) of this proposed AD, this proposed 
AD requires doing Part 2 within 24 months after the most recent 
inspection required by paragraph (g)(1) of this AD. If the lubrication 
passage has been found blocked, but no fractured bearing or loose or 
damaged joint has been found, this proposed AD requires doing Part 2 
within 24 months after the initial inspection required by paragraph (f) 
of this proposed AD.
    Part 3 of Boeing Alert Service Bulletin 767-27A0167, Revision 2, 
specifies to ``visually inspect the bearing ball for cracks and the 
outer race for wear.'' We find that the procedures for this inspection 
constitute a detailed inspection. Therefore, paragraph (i) of this 
proposed AD would require a detailed inspection for cracking of the 
bearing ball and for evidence of severe wear of the outer race of the 
bearing.
    The Accomplishment Instructions of Boeing Alert Service Bulletin 
767-27A0167, Revision 2, specify submitting a report of any damaged, 
cracked, or fractured bearings or joint pins, this proposed AD would 
not require that action. We do not need this information from 
operators.

[[Page 56385]]

Costs of Compliance

    There are about 855 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD, at an average labor 
rate of $65 per work hour.

                                                                     Estimated Costs
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                                   Work                                                   Number of U.S.-
             Action               hours                Cost per airplane               registered airplanes                   Fleet cost
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Part 1 of Boeing Service               6  $390*.....................................  332*..................  $129,480*.
 Bulletin 767-27A0167 (required
 by AD 2002-01-15*).
Part 2 of Boeing Service              17  $1,105....................................  Up to 332**...........  Up to $366,860**.
 Bulletin 767-27A0167 (new
 proposed action**).
Part 3 of Boeing Service               8  $520, per inspection cycle................  371...................  $192,920, per inspection cycle.
 Bulletin 767-27A0167 (new
 proposed action).
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* Repetitive Part 1 inspections are required only on condition, and only until Part 2 of Boeing Service Bulletin 767-27A0167 has been done.
** Applies to airplanes on which Part 2 has not been previously accomplished.

    The optional terminating action provided in this proposed AD, if 
accomplished, would take about 23 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $3,885 per airplane. Based on these figures, the estimated cost 
of the optional terminating action specified in this proposed AD is 
$5,380 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12609 (67 FR 4328, January 30, 2002) and adding 
the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2005-22529; Directorate Identifier 2005-NM-
099-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
14, 2005.

Affected ADs

    (b) This AD supersedes AD 2002-01-15.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes; certificated in any category; identified in Boeing 
Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 
2004.

Unsafe Condition

    (d) This AD results from additional reports indicating fractured 
bearings of the link assembly joint in the inboard and outboard 
flaps of the trailing edge. We are issuing this AD to prevent 
failure of the bearings in the link assembly joint, which could 
result in separation of the inboard and outboard flap and consequent 
loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2002-01-15

Initial Inspection

    (f) For airplanes having line numbers 1 through 819 inclusive, 
on which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not 
been done: Within 90 days after February 14, 2002 (the effective 
date of AD 2002-01-15), or within 36 months after date of 
manufacture of the airplane, whichever is later, do detailed 
inspections of the lubrication passage and link assembly joint in 
the inboard and outboard flaps of the trailing edge for 
discrepancies (e.g., lubrication passage blocked, fractured bearing, 
loose or damaged joint); per Part 1 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-27A0167, dated 
December 7, 2000; or Revision 2, dated October 7, 2004. After the 
effective date of this AD, only Revision 2 of the service bulletin 
may be used.

Repetitive Inspections/Corrective Action

    (g) For airplanes having line numbers 1 through 819 inclusive, 
on which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not 
been done: Do the actions required by paragraph (g)(1), (g)(2), or 
(g)(3) of this AD, as applicable, at the time specified, per the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
27A0167, dated

[[Page 56386]]

December 7, 2000; or Revision 2, dated October 7, 2004. After the 
effective date of this AD, only Revision 2 of the service bulletin 
may be used.
    (1) If the lubrication passage is not blocked and no fractured 
bearing or loose or damaged joint is found, do paragraph (h) of this 
AD.
    (2) If the lubrication passage is blocked and no fractured 
bearing or loose or damaged joint is found, repeat the inspection 
required by paragraph (f) of this AD at intervals not to exceed 60 
days, and within 24 months after doing the initial inspection, do 
the actions required by paragraph (g)(3) of this AD.
    (3) If any fractured bearing or loose or damaged joint is found, 
before further flight, do the corrective action (including removal 
of the link assembly, inspection for damage, and replacement with a 
new assembly if damaged), as specified in Part 2 of the 
Accomplishment Instructions of the service bulletin.

New Requirements of This AD

    (h) For airplanes having line numbers 1 through 819 inclusive, 
on which the lubrication passage has not been found blocked and no 
fractured bearing or loose or damaged joint has been found, and on 
which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not 
been done: Within 24 months after the most recent inspection in 
accordance with paragraph (b)(1) of AD 2002-01-15, remove the link 
assembly, perform a detailed inspection of the link assembly for 
damage, and reinstall the undamaged link or replace it with a new 
link assembly that has been inspected and found to be free of damage 
or other discrepancy, in accordance with Part 2 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
27A0167, Revision 2, dated October 7, 2004.

Detailed Inspection of Bearing Ball and Outer Race

    (i) For all airplanes: Remove the link assembly, and perform a 
detailed inspection for cracking of the bearing ball, and for severe 
wear of the outer race of the bearing, in accordance with Part 3 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-27A0167, Revision 2, dated October 7, 2004. Do this action at 
the applicable time specified in paragraph (i)(1) or (i)(2) of this 
AD, as applicable. Then, repeat this action at intervals not to 
exceed 72 months. If any cracking or severe wear is found during any 
inspection required by this paragraph: Before further flight, do the 
corrective action in accordance with Part 2 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-27A0167, Revision 
2, dated October 7, 2004, or do paragraph (j) of this AD.
    (1) For airplanes identified in the service bulletin as being in 
Group 1: Within 72 months after doing Part 2 of the Accomplishment 
Instructions of Boeing Service Bulletin 767-27A0167, dated December 
7, 2000; or Revision 2, dated October 7, 2004, or within 18 months 
after the effective date of this AD, whichever is later.
    (2) For airplanes identified in the service bulletin as being in 
Group 2: Do the initial inspection within 72 months since the date 
of issuance of the original standard airworthiness certificate or 
the date of issuance of the original export certificate of 
airworthiness; or within 18 months after the effective date of this 
AD; whichever is later.

Optional Terminating Action

    (j) For all airplanes: Replacing the existing link assemblies of 
the trailing edge flaps with new, improved or modified assemblies 
that contain new bearings, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-27-0196, dated April 21, 
2005, ends the repetitive removal/inspections required by paragraph 
(g), (h), and (i) of this AD, as applicable.

Actions Accomplished Previously

    (k) Inspections and corrective actions done before the effective 
date of this AD in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin 767-27A0167, Revision 1, dated June 
6, 2002, are acceptable for compliance with the corresponding 
actions required by this AD.

No Reporting Requirement

    (l) Although Boeing Alert Service Bulletin 767-27A0167, Revision 
2, dated October 7, 2004, specifies to submit certain information to 
the manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.
    (3) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (4) AMOCs approved previously according to AD 2002-01-15 are 
approved as AMOCs for the corresponding provisions of this AD.

    Issued in Renton, Washington, on September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19233 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-13-P