[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Rules and Regulations]
[Page 67236-67239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29259; Directorate Identifier 2007-NM-195-AD;
Amendment 39-15274; AD 2007-24-08]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to all Boeing Model 767 airplanes. That AD currently
requires repetitive measurements of the rudder and elevator freeplay,
repetitive lubrications of rudder and elevator components, and related
investigative/corrective actions if necessary. This new AD instead
requires revised repetitive measurements of the rudder freeplay and the
elevator freeplay for each of the power control actuators (PCAs) that
move the rudder and elevator, corrective and related investigative
actions if necessary, and repetitive lubrications of the rudder and
elevator components. For some airplanes, this AD also requires related
concurrent actions. This AD results from reports of freeplay-induced
vibration of the rudder and the elevator. The potential for vibration
of the control surface should be avoided because the point of
transition from vibration to divergent flutter is unknown. We are
issuing this AD to prevent excessive vibration of the airframe during
flight, which could result in loss of control of the airplane.
DATES: This AD becomes effective November 28, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 28,
2007.
ADDRESSES: For service information identified in this AD, contact
Boeing
[[Page 67237]]
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6421; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-11-12, amendment
39-14616 (71 FR 30272, May 26, 2006). The existing AD applies to all
Boeing Model 767 airplanes. That NPRM was published in the Federal
Register on September 20, 2007 (72 FR 53701). That NPRM proposed to
require revised repetitive measurements of the rudder freeplay and the
elevator freeplay for each of the power control actuators (PCAs) that
move the rudder and elevator, corrective and related investigative
actions if necessary, and repetitive lubrications of the rudder and
elevator components. For some airplanes, the NPRM also proposed to
require related concurrent actions.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Supportive Comment
Boeing concurs with the contents of the proposed AD. British
Airways (BA) also supports the need to do rudder and elevator freeplay
checks and lubrications.
Request To Extend the Compliance Time of Freeplay Measurements
Air Canada, BA, All Nippon Airways (ANA), and Japan Air Lines (JAL)
request that we extend the compliance time in paragraph (g)(1) of the
proposed AD from 12 months after the effective date of the AD to 18
months after the effective date of the AD. JAL suggests that if 18
months after the effective date of the AD is not acceptable, 18 months
after the release date of the referenced service bulletin would be an
acceptable alternative. Air Canada notes that since Boeing was given
enough time to revise a service bulletin, operators should be given
enough time to plan the job without significant impact on operational
schedules. BA notes they have been unable to accomplish the referenced
service bulletins because of the unavailability of tooling, and advises
that they would not be able to accomplish the AD within the proposed 12
months compliance time without significant out-of-service time. ANA and
JAL state that scheduling their fleets to accomplish the AD within the
proposed 12 months compliance time is not practical considering the
large size of their Model 767 fleet, the C-check maintenance interval
(almost 22 months and almost 18 months respectively), and the schedules
of their maintenance facilities. ANA adds that manpower and parts
provisioning also contribute to scheduling difficulties. ANA, BA, and
JAL note that the service bulletin was approved with an 18-month
compliance time.
We agree that a change to the compliance time in paragraph (g)(1)
of this AD is necessary, since we intended to have the required
compliance time coincide with the compliance time recommended in Boeing
Special Attention Service Bulletins 767-27-0197 and 767-27-0198, both
Revision 1, both dated July 19, 2007. However, we do not agree to
change the compliance time to 18 months after the effective date of
this AD. As explained in the proposed AD, we have determined that 18
months after the effective date of the AD would not address the unsafe
condition soon enough to ensure an adequate level of safety for the
fleet. We have revised paragraph (g)(1) to allow a compliance time of
14 months after the effective date of the AD. This compliance time has
been coordinated with Boeing.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 979 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD. No parts are necessary to
accomplish any action.
Estimated Costs
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Average Number of
Work labor U.S.-
Action hours rate per Cost per airplane registered Fleet cost
hour airplanes
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Freeplay measurement.............. 30 $80 $2,400, per 423 $1,015,200, per
measurement cycle. measurement cycle.
Lubrication....................... 27 80 $2,160, per 423 $913,680, per
lubrication cycle. lubrication cycle.
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3Authority 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
[[Page 67238]]
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This 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 this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14616 (71 FR 30272, May 26, 2006) and by adding
the following new airworthiness directive (AD):
2007-24-08 Boeing: Amendment 39-15274. Docket No. FAA-2007-29259;
Directorate Identifier 2007-NM-195-AD.
Effective Date
(a) This AD becomes effective November 28, 2007.
Affected ADs
(b) This AD supersedes AD 2006-11-12.
Applicability
(c) This AD applies to all Boeing Model 767-200, -300, -300F,
and -400ER series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of freeplay-induced vibration
of the rudder and the elevator. The potential for vibration of the
control surface should be avoided because the point of transition
from vibration to divergent flutter is unknown. We are issuing this
AD to prevent excessive vibration of the airframe during flight,
which could result in 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.
Service Bulletin References
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions and Appendices A, B, and C of the
following service bulletins, as applicable:
(1) For Model 767-200, -300, and -300F series airplanes: Boeing
Special Attention Service Bulletin 767-27-0197, Revision 1, dated
July 19, 2007; and
(2) For Model 767-400ER series airplanes: Boeing Special
Attention Service Bulletin 767-27-0198, Revision 1, dated July 19,
2007.
Repetitive Measurements
(g) At the latest of the compliance times specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable:
Measure the rudder and elevator freeplay. Repeat the measurement
thereafter at intervals not to exceed 12,000 flight hours or 36
months, whichever occurs first. Do all actions required by this
paragraph in accordance with the service bulletin.
(1) Within 14 months after the effective date of this AD.
(2) Within 36 months since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness.
(3) For the elevator freeplay measurement: Within 12,000 flight
hours or within 36 months after the last elevator freeplay
inspection accomplished in accordance with Boeing Special Attention
Service Bulletin 767-27-0197 or 767-27-0198, both dated October 27,
2005, as applicable, whichever occurs first.
Related Investigative and Corrective Actions
(h) If any measurement found during the measurement required by
paragraph (g) of this AD exceeds any applicable limit specified in
the service bulletin: Before further flight, do the applicable
related investigative and corrective actions in accordance with the
service bulletin.
Initial Lubrication
(i) At the latest of the compliance times specified in
paragraphs (i)(1), (i)(2), and (i)(3) of this AD, as applicable:
Lubricate the rudder and elevator components specified in the
service bulletin. Do all actions required by this paragraph in
accordance with the service bulletin.
(1) Within 9 months after the effective date of this AD, or
within 9 months since the date of issuance of the original standard
airworthiness certificate or the date of issuance of the original
export certificate of airworthiness; whichever occurs later.
(2) For airplanes on which BMS 3-33 grease is not already in use
prior to the time the lubrication task is being accomplished: Within
3,000 flight hours or 9 months after the last lubrication
accomplished in accordance with the service bulletin or Boeing
Special Attention Service Bulletin 767-27-0197 or 767-27-0198, both
dated October 27, 2005, whichever occurs first.
(3) For airplanes on which BMS 3-33 grease is already in use
prior to the time the lubrication task is being accomplished: Within
6,000 flight hours or 18 months after the last lubrication
accomplished in accordance with the service bulletin or Boeing
Special Attention Service Bulletin 767-27-0197 or 767-27-0198, both
dated October 27, 2005, whichever occurs first.
Repetitive Lubrication
(j) Repeat the lubrication required in paragraph (i) of this AD
at the applicable interval specified in paragraph (j)(1) or (j)(2)
of this AD.
(1) For airplanes on which BMS 3-33 grease is not already in use
prior to the time the lubrication task is being accomplished: At
intervals not to exceed 3,000 flight hours or 9 months, whichever
occurs first.
(2) For airplanes on which BMS 3-33 grease is already in use
prior to the time the lubrication task is being accomplished: At
intervals not to exceed 6,000 flight hours or 18 months, whichever
occurs first.
Repetitive Prior or Concurrent Inspection
(k) For airplanes specified in paragraphs (k)(1) and (k)(2) of
this AD: Prior to or concurrently with the accomplishment of each
elevator freeplay measurement specified in paragraph (g) of this AD,
do all applicable actions required by AD 2001-04-09.
(1) Group 1, configuration 2, airplanes as identified in Boeing
Special Attention Service Bulletin 767-27-0197, Revision 1, dated
July 19, 2007.
(2) Group 1, configuration 1, airplanes as identified in Boeing
Special Attention Service Bulletin 767-27-0198, Revision 1, dated
July 19, 2007.
Alternative Methods of Compliance (AMOCs)
(l)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair
[[Page 67239]]
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.
(4) AMOCs approved previously in accordance with AD 2006-11-12
are approved as AMOCs for the corresponding provisions of this AD.
(5) AMOCs approved previously in accordance with AD 2001-04-09,
are approved as AMOCs for the corresponding provisions of paragraph
(k) of this AD.
Material Incorporated by Reference
(m) You must use Boeing Special Attention Service Bulletin 767-
27-0197, Revision 1, dated July 19, 2007; or Boeing Special
Attention Service Bulletin 767-27-0198, Revision 1, dated July 19,
2007; as applicable, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on November 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22854 Filed 11-27-07; 8:45 am]
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