[Federal Register: October 1, 2003 (Volume 68, Number 190)]
[Proposed Rules]
[Page 56598-56600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc03-36]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-287-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767-400ER Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all Boeing Model 767-400ER series
airplanes. This proposal would require repetitive high frequency eddy
current inspections of the aft lower lugs of the deflection control
track of the outboard flap for cracks, and replacement of any cracked
deflection control track with a new track assembly. This action is
necessary to prevent fatigue cracking in the aft lower lug run-out
region of the deflection control track. Fatigue cracking of the
deflection control track, if not detected and corrected in a timely
manner, could result in the loss of the secondary load path for the
outboard flap, resulting in the loss of the outboard flap and
consequent reduced controllability of the airplane in the event that
the primary load path also fails. This action is intended to address
the identified unsafe condition.
DATES: Comments must be received by Novemeber 17, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-287-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 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-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-287-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 or 2000 or
ASCII text.
The service information referenced in the proposed rule 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.
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
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] 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.
[[Page 56599]]
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] 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 proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-287-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-287-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received several reports of cracked deflection control
tracks on the outboard end of the outboard flaps on Boeing Model 767-
300 series airplanes. These cracks all initiated in the aft lower lug
run-out region. In one case, the crack initiated at inclusions that are
typical of the slag products that are a result of the casting process.
After a crack initiates, it is propagated by fatigue until the track
fractures.
The deflection control track on Model 767-400 ER series airplanes
is identical to that on the affected Model 767-300 series airplanes.
However, on the Model 767-300 series airplanes the deflection control
track does not act as a load path, so the Model 767-300 series
airplanes are not subject to mandatory action for this condition at
this time. Fatigue analysis for the Model 767-400ER series airplanes
showed that the cracking should not occur before 12,000 total flight
cycles. Fatigue cracking of the deflection control track for Model 767-
400ER series airplanes, if not detected and corrected in a timely
manner, could result in the loss of the secondary load path for the
outboard flap resulting in the loss of the outboard flap and consequent
reduced controllability of the airplane in the event that the primary
load path also fails.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Alert Service Bulletin
767-27A0183, dated May 9, 2002, which describes procedures for
repetitive high frequency eddy current inspections of the aft lower
lugs of the deflection control track of the outboard flap for cracks,
and replacement of any cracked deflection control track with a new
track assembly.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require accomplishment of the actions specified in
the service bulletin described previously.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). Because we have now included this material in part
39, only the office authorized to approve AMOCs is identified in each
individual AD.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 38 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 38 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
3 work hours per airplane to accomplish the proposed inspection, and
that the average labor rate is $65 per work hour. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $7,410, or $195 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this proposed AD were not adopted. The cost impact
figures discussed in AD rulemaking actions represent only the time
necessary to perform the specific actions actually required by the AD.
These figures typically do not include incidental costs, such as the
time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
[[Page 56600]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Boeing: Docket 2002-NM-287-AD.
Applicability: All Model 767-400ER series airplanes,
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking in the aft lower lug run-out region
of the deflection control track, which could result in the loss of
the secondary load path for the outboard flap, resulting in loss of
the outboard flap and consequent reduced controllability of the
airplane in the event that the primary load path also fails,
accomplish the following:
Initial Inspection
(a) Before the accumulation of 12,000 total flight cycles, or
within 1,200 flight cycles after the effective date of this AD,
whichever occurs later, perform a high frequency eddy current (HFEC)
inspection for cracks in the aft lower lug of the deflection control
track on the outboard flap, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-27A0183, dated May
9, 2002.
Repetitive Inspections
(b) If no crack is detected during any HFEC inspection required
in paragraph (a) of this AD, repeat the inspection at intervals not
to exceed 1,200 flight cycles.
Corrective Action
(c) If any crack is detected during any HFEC inspection required
by paragraph (a) of this AD, before further flight, replace the
deflection control track with a new track assembly, in accordance
with the Accomplishment Instructions in Boeing Alert Service
Bulletin 767-27A0183, dated May 9, 2002. Within 12,000 flight cycles
following the replacement, perform the HFEC inspection specified in
paragraph (a) of this AD, and repeat inspections as specified in
paragraph (b) of this AD.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, Seattle
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance for this AD.
Issued in Renton, Washington, on September 25, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-24842 Filed 9-30-03; 8:45 am]
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