FR Doc 05-20267

[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Proposed Rules]
[Page 58620-58623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc05-13]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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[[Page 58620]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22623; Directorate Identifier 2004-NM-80-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Boeing Model 767 airplanes. This proposed AD would require the
following actions for the drive mechanism of the horizontal stabilizer:
Repetitive detailed inspections for discrepancies and loose ball
bearings; repetitive lubrication of the ballnut and ballscrew;
repetitive measurements of the freeplay between the ballnut and the
ballscrew; and corrective action if necessary. This proposed AD is
prompted by a report of extensive corrosion of a ballscrew in the drive
mechanism of the horizontal stabilizer on a similar airplane model. We
are proposing this AD to prevent an undetected failure of the primary
load path for the ballscrew in the horizontal stabilizer and subsequent
wear and failure of the secondary load path, which could lead to loss
of control of the horizontal stabilizer and consequent loss of control
of the airplane.

DATES: We must receive comments on this proposed AD by November 21,
2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
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.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.

Department of Transportation, 400 Seventh Street SW., Room PL-401, on
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Airplane
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6490; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2005-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2005-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22623;
Directorate Identifier 2004-NM-80-AD'' in the subject line 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 submitted 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 can review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.

We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www
.plainlanguage.gov.

Examining the Docket

You can examine the AD docket 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 DMS
receives them.

Discussion

On January 31, 2000, there was an accident involving a McDonnell
Douglas Model DC-9-83 (MD-83) airplane. The National Transportation
Safety Board (NTSB) determined that the probable cause of this accident
was a loss of airplane pitch control resulting from the in-flight
failure of the acme nut threads of the jackscrew assembly of the
horizontal stabilizer trim system. The NTSB concluded that the thread
failure was caused by excessive wear, resulting from insufficient
lubrication of the jackscrew assembly.

[[Page 58621]]

The drive mechanism of the horizontal stabilizer on McDonnell
Douglas Model DC-9-83 (MD-83) airplanes has a jackscrew assembly with
an acme screw. The drive mechanism of the horizontal stabilizer on
Boeing Model 767 airplanes uses a ballscrew. Acme screws and ballscrews
have some differences in design, but perform similar functions and have
the same airplane level effect following failure. The manufacturer's
safety analysis of the 767 drive mechanism found no safety problems
with the configuration of the drive mechanism, but showed that changes
to the maintenance procedures and maintenance intervals are required to
keep the drive mechanism properly maintained and operating as designed.
We have received a report indicating that the ballscrew in the
drive mechanism of the horizontal stabilizer on a Boeing Model 757
series airplane showed extensive corrosion, which could lead to
excessive wear. The ballscrew on Boeing Model 757 airplanes is similar
to that on Boeing Model 767 airplanes that are the subject of this
proposed AD. Therefore, both of these airplane models could have the
same unsafe condition. We are considering separate action for the
Boeing Model 757 series airplanes and other similar Boeing airplanes.
Extensive corrosion of the ballscrew in the drive mechanism of the
horizontal stabilizer, if not corrected, could cause an undetected
failure of the primary load path for the ballscrew and subsequent wear
and failure of the secondary load path, which could lead to loss of
control of the horizontal stabilizer and consequent loss of control of
the airplane.

Relevant Service Information

We have reviewed the following service bulletins:
Boeing Service Bulletin 767-27A0194, Revision 1, dated
July 21, 2005 (for Model 767-200, -300, and -300F series airplanes);
and
Boeing Service Bulletin 767-27A0195, Revision 1, dated
July 21, 2005 (for Model 767-400ER series airplanes).
The compliance times specified in the service bulletins are as
follows:
For all airplanes: The compliance time for the initial detailed
inspections and lubrication of the ballnut and ballscrew is 15,000
total flight hours or 18 months after the original issue date on the
service bulletin, whichever occurs later. The inspection is repeated at
intervals not to exceed 3,500 flight hours or 24 months, whichever
occurs first; the lubrication is repeated at intervals not to exceed
2,000 flight hours or 12 months, whichever occurs first.
For all airplanes except those on which an FAA-approved low
utilization maintenance program is in effect: The compliance time for
the initial ballscrew-to-ballnut freeplay inspection is 15,000 flight
hours after accomplishing the last ballscrew-to-ballnut freeplay
inspection or 18 months after the original issue date on the service
bulletin, whichever occurs later. If the inspection has never been
done, the compliance time for the initial inspection is 15,000 flight
hours after the delivery date of the airplane or 18 months after the
original issue date on the service bulletin, whichever occurs later.
The inspection is repeated at intervals not to exceed 18,000 flight
hours.
For all airplanes except those on which an FAA-approved low
utilization maintenance program is in effect: The compliance time for
the initial ballscrew-to-ballnut freeplay inspection is 60 months after
accomplishing the last ballscrew-to-ballnut freeplay inspection. If the
inspection has never been done, the compliance time for the initial
inspection is within 60 months after the delivery date of the airplane.
The inspection is repeated at intervals not to exceed 72 months.
The service bulletins also describe the procedures in the following
table for the drive mechanism of the horizontal stabilizer:

Procedures Specified in Boeing Service Bulletins 767-27A0194 and 767-
27A0195
------------------------------------------------------------------------
Work package Repetitive actions Corrective action
------------------------------------------------------------------------
1................... Accomplish detailed Replace the ballscrew
inspections for actuator with a new or
discrepancies overhauled actuator if
(including cracks, any discrepancy is
corrosion, damage, and found during any
worn areas); and a inspection.
detailed inspection for
loose ball bearings of
the external areas of
the drive mechanism and
areas below the drive
mechanism.
2................... Lubricate the ballnut Not applicable.
and ballscrew of the
horizontal stabilizer
drive mechanism.
3................... Measure the freeplay Replace the ballscrew
between the ballnut and actuator with a new or
ballscrew. overhauled actuator if
the freeplay is more
than the specified
limit.
------------------------------------------------------------------------

We have also reviewed Boeing Alert Service Bulletin 767-27A0185,
dated July 10, 2003, which is included as an additional source of
service information for accomplishing certain actions. This service
bulletin applies to Boeing Model 767 airplanes that have line numbers
002 through 175 inclusive, and has procedures that are equivalent to
those in Service Bulletins 767-27A0194 and 767-27A0195. Accomplishing
the inspection and lubrication specified in Service Bulletin 767-
27A0185 is considered acceptable for compliance with the initial
inspection and lubrication specified in Revision 1 of Boeing Service
Bulletins 767-27A0194 and 767-27A0195.
We have determined that accomplishing the actions specified in
Revision 1 of Boeing Service Bulletins 767-27A0194 and 767-27A0195 will
adequately address the unsafe condition.
Revision 1 of Boeing Service Bulletins 767-27A0194 and 767-27A0195
refers to the 767 Airplane Maintenance Manuals (AMM) in the following
table as additional sources of service information for accomplishing
the detailed inspections, lubrications, freeplay measurements, and
corrective action.

Additional Sources of Service Information
------------------------------------------------------------------------
Boeing AMM Subject
------------------------------------------------------------------------
767-200................................................. 27-41-10
767-200................................................. 12-21-05
------------------------------------------------------------------------

FAA's Determination and Requirements of the Proposed AD

We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. Therefore, we are proposing this AD, which
would require

[[Page 58622]]

the following actions for the drive mechanism of the horizontal
stabilizer:
Repetitive detailed inspections for discrepancies of the
ballscrew assembly;
Repetitive lubrication of the ballnut and ballscrew;
Repetitive measurements of freeplay between the ballnut
and the ballscrew; and
Corrective action if necessary.
The proposed AD would require you to use Revision 1 of Service
Bulletins 767-27A0194 and 767-27A0195 to perform these actions; except
as discussed under ``Difference Between the Proposed AD and Service
Information.''

Differences Between the Proposed AD and Service Information

The service bulletins specify compliance times relative to the date
of issuance of the service bulletins; however, this proposed AD would
require compliance before the specified compliance time after the
effective date of this AD.

Costs of Compliance

There are about 903 Model 767 airplanes in the worldwide fleet. The
following table provides the estimated costs for U.S. operators to
comply with this proposed AD, per cycle.

Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Repetitive actions Work Average labor Parts Cost per registered Fleet cost
hours rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Detailed inspection.......................... 1 $65 None............................ $65 411 $26,715
Lubrication.................................. 1 65 None............................ 65 411 26,715
Freeplay measurement......................... 3 65 None............................ 195 411 80,145
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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 will not have federalism
implications under Executive Order 13132. This proposed AD 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.
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. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Airplane, 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 FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-22623; Directorate Identifier 2004-NM-
80-AD.

Comments Due Date

(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by November 21, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD was prompted by a report of extensive corrosion of a
ballscrew in the horizontal stabilizer of a similar airplane model.
We are issuing this AD to prevent an undetected failure of the
primary load path for the ballscrew in the drive mechanism of the
horizontal stabilizer and subsequent wear and failure of the
secondary load path, which could lead to loss of control of the
horizontal stabilizer 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.

Repetitive Detailed Inspections/Lubrications/Freeplay Measurement/
Corrective Action

(f) Do all the applicable actions, including any applicable
corrective action, specified in Work Packages 1, 2, and 3 of the
Accomplishment Instructions of Boeing Service Bulletin 767-27A0194
(for Model 767-200, -300, and -300F series airplanes) or Boeing
Service Bulletin 767-27A0195 (for Model 767-400ER series airplanes),
both Revision 1, both dated July 21, 2005; as applicable. Do the
actions at the applicable compliance time specified in Table 1 of
paragraph 1.E. ``Compliance'' of the service bulletins; except,
where the service bulletins specify a compliance time relative to
the original issue date of the service bulletin, this AD requires
compliance relative to the effective date of this AD. Where the
service bulletins specify a compliance time relative to the delivery
date of the airplane, this AD requires compliance relative to the
date of issuance of the original standard airworthiness certificate.
Do any applicable corrective action before further flight. Repeat
the actions at the applicable repeat interval specified in Table 1
of paragraph 1.E ``Compliance'' of the service bulletins.

Previously Accomplished Actions

(g) For airplanes on which the drive mechanism of the horizontal
stabilizer was replaced before the effective date of this AD with a
drive mechanism that was not new or overhauled, and the detailed and
freeplay inspections were not accomplished in

[[Page 58623]]

accordance with Boeing Alert Service Bulletin 767-27A0194 or 767-
27A0195, both dated August 21, 2003, as applicable: Within 4,000
flight hours or 24 months after the effective date of this AD,
whichever is first, accomplish the inspections and perform any
applicable corrective action before further flight in accordance
with Work Package 3 of the Accomplishment Instructions of Boeing
Service Bulletin 767-27A0194 or Boeing Service Bulletin 767-27A0195,
both Revision 1, both dated July 21, 2005; as applicable.
(h) For Model 767 airplanes that have line numbers 002 through
175 inclusive: Accomplishing the initial inspection, applicable
corrective action, and lubrication before the effective date of this
AD in accordance with Boeing Alert Service Bulletin 767-27A0185,
dated July 10, 2003; is considered acceptable for compliance with
the applicable actions required by paragraph (f) of this AD.

Note 1: Boeing Service Bulletins 767-27A0194 and 767-27A0195,
both Revision 1, both dated July 21, 2005, refer to the 767 Airplane
Maintenance Manuals (AMM) in Table 1 of this AD as additional
sources of service information for accomplishing the detailed
inspections, lubrications, freeplay measurements, and corrective
action.

Table 1.--Additional Sources of Service Information
------------------------------------------------------------------------
Boeing AMM Subject
------------------------------------------------------------------------
767-200................................................. 27-41-10
767-200................................................. 12-21-05
------------------------------------------------------------------------

Parts Installation

(i) As of the effective date of this AD, no person may install
on any airplane a horizontal stabilizer trim actuator unless it is
new or has been overhauled in accordance with Boeing Service
Bulletins 767-27A0194 and 767-27A0195, both Revision 1, both dated
July 21, 2005; or has been inspected, lubricated, and measured in
accordance with paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

(j) The Manager, Seattle Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.

Issued in Renton, Washington, on September 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Airplane Certification
Service.
[FR Doc. 05-20267 Filed 10-6-05; 8:45 am]

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