35938 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations

repair scheme provided by the Denver ACO

Manager.

(c) Report the results of the initial

inspection to the Manager of the Denver

Aircraft Certification Office (ACO), FAA,

Denver Aircraft Certification Office, 5440

Roslyn St., suite 133, Denver, Colorado,

80216, within 10 days of the inspection. The

information provided should include

airplane model number, serial number,

registration number, location of cracks found,

number of cracks, and total TIS. Reporting

requirements have been approved by the

Office of Management and Budget and

assigned OMB control number 2120–0056.

(d) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety, may be approved by the

Manager, Roger Caldwell, Project Engineer,

FAA, Denver Aircraft Certification Office,

5440 Roslyn St., suite 133, Denver, Colorado,

80216. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Denver Aircraft

Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Denver Aircraft

Certification Office.

(e) The inspections and repairs required by

this AD shall be done in accordance with

Aviat Aircraft Inc. Service Bulletin No. 24,

dated March 20, 1996, or in accordance with

Aviat Aircraft Inc. Service Bulletin No. 24,

dated February 8, 1996, previously

incorporated by reference in the Federal

Register (61 FR 19540, May 2, 1996) and

applicable to AD 96–09–08. 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 Aviat

Aircraft Inc., The Airport-Box No. 1240, 672

South Washington Street, Afton, Wyoming,

83110. Copies may be inspected at the FAA,

Central Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri, or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

(f) This amendment (39–9690) revises AD

96–09–08, Amendment 39–9584.

(g) This amendment (39–9690) becomes

effective on July 26, 1996.

Issued in Kansas City, Missouri, on June

25, 1996.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–17294 Filed 7–8–96; 8:45 am]

BILLING CODE 4910–13–P

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 followon 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 followon 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 followon 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
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations 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.

§ 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
35940 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Rules and Regulations

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

14 CFR Part 39

[Docket No. 96–NM–134–AD; Amendment

39–9688; AD 96–14–06]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 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 777–

200 series airplanes. This action

requires repetitive inspections for

broken lockwires on the bearing retainer

nut of the pivot fittings of the horizontal

stabilizer. This AD also requires

eventual modification of the bearing nut

retention means, which, when

accomplished, terminates the repetitive

inspections. This amendment is

prompted by reports of broken

lockwires on the bearing retainer nut of

the pivot fittings of the horizontal

stabilizer due to inadequate torquing of

the nut. The actions specified in this AD

are intended to prevent failure of the

lockwires, which could result in

loosening of the retainer nut for the

pivot bearing of the horizontal

stabilizer, and subsequent migration of

the pivot bearing. This condition, if not

corrected, could result in reduced

controllability of the airplane.

DATES: Effective July 24, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 24,

1996.

Comments for inclusion in the Rules

Docket must be received on or before

September 9, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

134–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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: Stan

Wood, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Seattle

Aircraft Certification Office, 1601 Lind