[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35938-35940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16950]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-124-AD; Amendment 39-9687; AD 96-14-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 767 series airplanes, that 
currently requires an inspection of the control rods of the outboard 
leading edge slat, and follow-on actions (including repetitive 
ultrasonic inspections), if necessary. For certain airplanes, that AD 
also requires replacement of the control rod ends and attach bolts. It 
also provides for an optional terminating action for follow-on 
repetitive inspections. That AD was prompted by reports of cracks and 
worn attach bolts of the control rods of the leading edge outboards 
slats of the wings due to the high breakout torque in the joint of the 
control rod end. This amendment requires the installation of the 
previously optional terminating action. The actions specified by this 
AD are intended to prevent reduced controllability of the airplane and 
damage in the slat structure or fixed leading edge of the wing, as a 
result of cracks and worn attach bolts.

DATES: Effective August 13, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 13, 1996.

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: Kristin Larson, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington; 
telephone (206) 227-1760; fax (206) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 90-20-16, 
amendment 39-6726 (55 FR 37858, September 14, 1990), which is 
applicable to certain Boeing Model 767 series airplanes, was published 
in the Federal Register on December 13, 1995 (60 FR 63990). The action 
proposed to continue to require a one-time visual inspection to 
determine the date of manufacture of the control rods of the outboard 
leading edge slat, and follow-on actions (i.e., repetitive ultrasonic 
inspection), if necessary. The action also proposed to continue to 
require replacement of the control rod ends and attach bolts, for 
certain airplanes. For operators accomplishing the (follow-on) 
repetitive ultrasonic inspections, that action proposed to require 
replacement of the control rod with a new control rod manufactured 
after June 1983; this replacement would constitute terminating action 
for the repetitive inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Add a Visual Inspection

    One commenter requests that the FAA revise paragraph (a)(2)(i) of 
the proposal to require a visual inspection to detect cracks of the 
control rods, prior to further flight, rather than the proposed 
ultrasonic inspection. The commenter suggests that the proposed 
ultrasonic inspection be accomplished within 300 flight hours following 
accomplishment of the visual inspection. The commenter points out that 
the control rods currently are being inspected ultrasonically at 2,000 
flight cycles/15-month intervals in accordance with AD 90-20-16. Since 
the ultrasonic inspections will identify cracks prior to rod failure, 
the commenter states that it is unnecessary to accomplish an additional 
ultrasonic inspection.
    The FAA finds that clarification is necessary. Paragraph (a)(2)(i) 
of this AD merely restates the existing requirements of paragraph A.2. 
of AD 90-20-16. Therefore, for operators who have previously 
accomplished at least the initial ultrasonic inspection in accordance 
with AD 90-20-16, paragraph (a)(2)(i) of this AD requires that the next 
scheduled inspection be performed within 2,000 landings or 15 months, 
whichever occurs first, after the last inspection performed in 
accordance with paragraph A.2. of AD 90-20-16. In light of this, the 
FAA finds that the addition of a visual inspection, as suggested by the 
commenter, is unnecessary. NOTE 2 has been added to this final rule to 
clarify the restatement

[[Page 35939]]

of the existing requirements of AD 90-20-16.

Request To Include Reference to Additional Service Bulletins

    Two commenters request that the FAA revise paragraph (a)(2)(ii) of 
the proposed rule to reference Revision 2 of Boeing Service Bulletin 
767-57-0021, dated July 26, 1990, as an additional source of service 
information for accomplishment of the replacement. One of the 
commenters points out that this will eliminate unnecessary processing 
of an alternative method of compliance.
    The FAA concurs partially. The FAA has determined that the 
procedures for replacement of the control rod, specified in Revision 2 
of Boeing Service Bulletin 767-57-0021, are identical to those 
procedures in Revision 5 of the service bulletin (which is referenced 
in the AD as the appropriate source of service information). In 
addition, the FAA has determined that Revision 3, dated June 20, 1991, 
and Revision 4, dated March 19, 1992, of Boeing Service Bulletin 767-
57-0021 also contain these identical replacement procedures. The FAA 
has revised the final rule by adding a new NOTE 2 to clarify that 
accomplishment of the replacement in accordance with Revision 2, 
Revision 3, or Revision 4 of Service Bulletin 767-57-0021, is 
considered acceptable for compliance with paragraph (a)(2)(ii) of the 
AD. In addition, since paragraph (b) of the final rule also contains 
these identical replacement procedures, the FAA has also added a 
similar Note 3 to that paragraph.

Request To Correct Referenced Service Bulletin Number

    One commenter notes that the service bulletin number referenced in 
paragraph (b) of the proposal should be corrected to 767-57-0021. The 
FAA acknowledges that it inadvertently referenced the incorrect service 
bulletin number (i.e., 767-57-0221) in paragraph (b) of the proposal. 
Therefore, the FAA has revised paragraph (b) of the final rule to 
reference service bulletin number 767-57-0021.

Request for Assurance of Parts Availability

    Two commenters support the rule, but question whether the 
manufacturer of the control rod assemblies can produce the quantity of 
required parts within the proposed compliance time.
    The FAA has contacted to the manufacturer who has advised that 
ample parts are currently available; therefore, obtaining them within 
the required compliance time should not pose a problem for any affected 
operator. However, under the provisions of paragraph (c) of the final 
rule, the FAA may approve requests for adjustments to the compliance 
time if data are submitted to substantiate that such an adjustment 
would provide an acceptable level of safety.

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 271 Boeing Model 767 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 193 
airplanes of U.S. registry will be affected by this proposed AD.
    The actions that are currently required by AD 90-20-16 take 
approximately 21 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts cost approximately 
$5,500 per airplane. Based on these figures, the cost impact on U.S. 
operators of the actions currently required is estimated to be 
$1,304,680, or $6,760 per airplane.
    For certain affected airplanes, the new replacement (terminating) 
action that is required by this new AD will take approximately 1 work 
hour per airplane to accomplish, at an average labor rate of $60 per 
work hour. The cost of the required replacement parts is estimated to 
be $5,500 per airplane. Based on these figures, the cost impact on U.S. 
operators of the new requirements of this AD is estimated to be $5,560 
per airplane.
    The cost impact figures discussed above are 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 substantial direct 
effects on the States, or 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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 removing amendment 39-6726 (55 FR 
37858, September 14, 1990), and by adding a new airworthiness directive 
(AD), amendment 39-9687, to read as follows:

96-14-05 Boeing: Amendment 39-9687. Docket 95-NM-124-AD. Supersedes 
AD 90-20-16, Amendment 39-6726.

    Applicability: Model 767 series airplanes; as listed in Boeing 
Service Bulletin 767-57-0021, Revision 1, dated September 14, 1989, 
or Revision 5, dated June 15, 1995; 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 (c) 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

[[Page 35940]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.

    Note 2: Paragraphs (a), (a)(1), (a)(1), (a)(2), and (a)(2)(i) of 
this AD merely restate the initial and repetitive inspections 
contained in paragraphs A.1. and A.2. of AD 90-20-16, amendment 39-
6726. Therefore, for operators who have previously accomplished at 
least the initial inspection in accordance with AD 90-20-16, 
paragraph (a)(2)(i) of this AD requires that the next scheduled 
inspection be performed within 2,000 landings or within 15 months, 
whichever occurs first, after the last inspection performed in 
accordance with paragraph A.2. of AD 90-20-16.

    To prevent loss of the pilot's ability to control the affected 
slat, which could adversely affect the controllability of the 
airplane, accomplish the following:
    (a) For airplanes having line positions 1 through 235 inclusive: 
Within the next 1,200 landings or 9 months after October 23, 1990 
(the effective date of AD 90-20-16, amendment 39-6726), whichever 
occurs first, unless accomplished within the last 800 landings or 6 
months, whichever occurs later, perform a visual inspection to 
determine the date of manufacture of the control rods of the 
outboard leading edge slat of the wings, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-57-0021, 
dated August 25, 1988; Revision 1, dated September 14, 1989; 
Revision 2, dated July 26, 1990; or Revision 5, dated June 15, 1995.
    (1) If the date of manufacture (stamped on the control rod) is 
June 1983 or later, no further action is required by this paragraph.
    (2) If the date of manufacture is illegible or is prior to June 
1983, accomplish paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
    (i) Prior to further flight, perform an ultrasonic inspection to 
detect cracks of the control rods in accordance with Figure 1 of 
Boeing Service Bulletin 767-57-0021, dated August 25, 1988, Revision 
1, dated September 14, 1989, or Revision 2, dated July 26, 1990. If 
any crack or fracture is detected, prior to further flight, replace 
it in accordance with Figure 2 of the service bulletin. Repeat the 
ultrasonic inspection of the control rods manufactured prior to June 
1983 thereafter at intervals not to exceed 2,000 landings or 15 
months, whichever occurs first, until the replacement required by 
paragraph (a)(2)(ii) of this AD is accomplished.
    (ii) Within 3,000 flight hours or 15 months after the effective 
date of this AD, whichever occurs later, replace the control rod 
with a new rod manufactured June 1983 or later, in accordance with 
Boeing Service Bulletin 767-57-0021, Revision 5, dated June 15, 
1995. Accomplishment of this replacement constitutes terminating 
action for the repetitive inspection requirement of paragraph 
(a)(2)(i) of this AD.

    Note 3: Replacement accomplished prior to the effective date of 
this amendment in accordance with Boeing Service Bulletin 767-57-
0021, Revision 2, dated July 26, 1990; Revision 3, dated June 20, 
1991, or Revision 4, dated March 19, 1992; is considered acceptable 
for compliance with paragraph (a)(2)(ii) of this AD.

    (b) For airplanes having line number 1 through 264 inclusive, 
and 266 through 273 inclusive: Within the next 2,500 landings or 18 
months after October 23, 1990 (the effective date of AD 90-20-16, 
amendment 39-6726, whichever occurs first, replace the control rod 
end and attach bolt with a new configuration control rod end and 
attach bolt on each wing, in accordance with Boeing Service Bulletin 
767-57-0021, Revision 1, dated September 14, 1989; Revision 2, dated 
July 26, 1990; or Revision 5, dated June 15, 1995.

    Note 4: Replacement accomplished prior to the effective date of 
this amendment in accordance with Boeing Service Bulletin 767-57-
0021, Revision 3, dated June 20, 1991, or Revision 4, dated March 
19, 1992, is considered acceptable for compliance with paragraph (b) 
of this AD.

    (c) 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 Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. 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.

    (d) 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.
    (e) The inspections and replacements shall be done in accordance 
with Boeing Service Bulletin 767-57-0021, dated August 25, 1988; 
Boeing Service Bulletin 767-57-0021, Revision 1, dated September 14, 
1989; Boeing Service Bulletin 767-57-0021, Revision 2, dated July 
26, 1990; Boeing Service Bulletin 767-57-0021, Revision 3, dated 
June 20, 1991; Boeing Service Bulletin 767-57-0021, Revision 4, 
dated March 19, 1992; or Boeing Service Bulletin 767-57-0021, 
Revision 5, dated June 15, 1995. 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.
    (f) This amendment becomes effective on August 13, 1996.

    Issued in Renton, Washington, on June 27, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-16950 Filed 7-8-96; 8:45 am]
BILLING CODE 4910-13-P