AD 2015-09-09

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Rules and Regulations]
[Pages 27069-27072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-11137]



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Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Rules 
and Regulations

[[Page 27069]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1278; Directorate Identifier 2014-NM-223-AD; 
Amendment 39-18155; AD 2015-09-09]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2004-07-11 for 
all The Boeing Company Model 767-400ER series airplanes. AD 2004-07-11 
requires repetitive high frequency eddy current (HFEC) 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 AD retains those requirements, provides 
optional terminating action for the repetitive inspections, and adds 
airplane models to the applicability. This AD was prompted by our 
determination that additional airplane models require repetitive HFEC 
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. We are issuing this AD to 
detect and correct 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 the loss of the 
outboard flap and consequent reduced controllability of the airplane in 
the event that the primary load path also fails.

DATES: This AD is effective May 27, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 27, 
2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 
11, 2004 (69 FR 17911, April 6, 2004).
    We must receive any comments on this AD by June 26, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2015-1278.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
1278; 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 street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#cfadaabda7aea1aae1aea3aeb5aebd8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="0e6c6b7c666f606b206f626f746f7c4e686f6f20696178">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    On March 22, 2004, we issued AD 2004-07-11, Amendment 39-13555 (69 
FR 17911, April 6, 2004), for all The Boeing Company Model 767-400ER 
series airplanes. AD 2004-07-11 required repetitive HFEC 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. AD 2004-07-11 resulted from reports of 
fatigue cracking in the aft lower lug run-out region of the deflection 
control track. We issued AD 2004-07-11 to detect and correct fatigue 
cracking of the deflection control track, which 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.

Actions Since AD 2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 
2004) Was Issued

    Since we issued AD 2004-07-11, Amendment 39-13555 (69 FR 17911, 
April 6, 2004), we have determined that additional airplane models are 
subject to the identified unsafe condition. The flap installations on 
certain Model 767-200 and -300 series airplanes, serial numbers 922 
through 933 inclusive, are identical to those installed on Model 767-
400ER series airplanes. Therefore, all of these models may be subject 
to the identified unsafe condition. We are issuing this AD to detect 
and correct 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 the loss of the 
outboard

[[Page 27070]]

flap and consequent reduced controllability of the airplane in the 
event that the primary load path also fails, on certain Model 767-200 
and -300 series airplanes, serial numbers 922 through 933 inclusive.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin 767-27A0183, Revision 2, dated 
September 25, 2014. The service information describes procedures for 
repetitive HFEC 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, part number 
113T8333-9, which eliminates the need for the repetitive HFEC 
inspections. This service information is reasonably available at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
1278. Or see ADDRESSES for other ways to access this service 
information.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD retains all of the requirements of AD 2004-07-11, Amendment 
39-13555 (69 FR 17911, April 6, 2004). This AD continues to require 
repetitive HFEC 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 AD 
adds airplane models to the applicability, and provides optional 
terminating action for the repetitive HFEC inspections even if no crack 
is found.

Change to AD 2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 
2004)

    Since AD 2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 
2004) was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph designations have been redesignated in this AD, as listed in 
the following table:

                     Revised Paragraph Designations
------------------------------------------------------------------------
   Requirement in AD 2004-07-11,
  Amendment 39-13555 (69 FR 17911,   Corresponding  requirement  in this
           April 6, 2004)                             AD
------------------------------------------------------------------------
           paragraph (a)                        paragraph (g)
           paragraph (b)                        paragraph (h)
           paragraph (c)                        paragraph (i)
------------------------------------------------------------------------

Clarification of Paragraph (c) of AD 2004-07-11, Amendment 39-13555 (69 
FR 17911, April 6, 2004)

    We have added a reference to paragraph (h) of this AD to the 
corrective action requirements of paragraph (i) of this AD (which we 
referred to as paragraph (c) of AD 2004-07-11, Amendment 39-13555 (69 
FR 17911, April 6, 2004)). We have made this change to clarify the 
corrective action.

FAA's Justification and Determination of the Effective Date

    This AD revises the applicability by adding airplanes that are not 
on the U.S. Register. Therefore, we find that notice and opportunity 
for prior public comment are unnecessary and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
Docket No. FAA-2015-1278 and directorate identifier 2014-NM-223-AD at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    The actions specified by this AD were previously required by AD 
2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 2004), which was 
applicable to approximately 38 airplanes. The actions required by AD 
2004-07-11 take about 5 work-hours per airplane. In consideration of 
the compliance time and effective date of AD 2004-07-11, we assume that 
operators of the 38 airplanes subject to that AD have already initiated 
the required actions.
    This AD would add no new costs associated with the airplanes of 
U.S. registry, but would be applicable to approximately 11 additional 
airplanes of the affected design in the worldwide fleet. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD      5 work-hours x $85               $0   $425 per inspection  $16,150 per
 2004-07-11, Amendment 39-13555    per hour = $425                       cycle.               inspection cycle.
 (69 FR 17911, April 6, 2004).     per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate that it would take about 12 work-hours to do any 
necessary replacement that would be required based on the results of 
the inspection. We have received no definitive data that would enable 
us to provide cost estimates for the on-condition actions specified in 
this AD. We have no way of determining the number of aircraft that 
might need these actions.

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

[[Page 27071]]

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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (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 FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 2004) and adding 
the following new AD:

2015-09-09 The Boeing Company: Amendment 39-18155; Docket No. FAA-
2015-1278; Directorate Identifier 2014-NM-223-AD.

(a) Effective Date

    This AD is effective May 27, 2015.

(b) Affected ADs

    This AD replaces AD 2004-07-11, Amendment 39-13555 (69 FR 17911, 
April 6, 2004).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes, certificated in any category, as identified 
in Boeing Service Bulletin 767-27A0183, Revision 2, dated September 
25, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by our determination that additional 
airplane models require repetitive high frequency eddy current 
(HFEC) 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. We are 
issuing this AD to detect and correct 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 the loss of the outboard flap and consequent 
reduced controllability of the airplane in the event that the 
primary load path also fails.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Initial Inspection for Model 767-400ER Series Airplanes

    This paragraph restates the requirements of paragraph (a) of AD 
2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 2004), with 
revised service information. For airplanes identified in Group 1 in 
Boeing Service Bulletin 767-27A0183, Revision 2, dated September 25, 
2014: Before the accumulation of 12,000 total flight cycles, or 
within 1,200 flight cycles after May 11, 2004 (the effective date of 
AD 2004-07-11), whichever occurs later, perform an 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; or Boeing Service Bulletin 767-27A0183, Revision 2, dated 
September 25, 2014. As of the effective date of this AD, only Boeing 
Service Bulletin 767-27A0183, Revision 2, dated September 25, 2014, 
may be used.

(h) Retained Repetitive Inspections With New Service Information

    This paragraph restates the requirements of paragraph (b) of AD 
2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 2004), with 
new service information. For airplanes identified in Group 1 in 
Boeing Service Bulletin 767-27A0183, Revision 2, dated September 25, 
2014: If no crack is detected during any HFEC inspection required in 
paragraph (g) of this AD, repeat the inspection at intervals not to 
exceed 1,200 flight cycles.

(i) Retained Corrective Action and Added Terminating Action

    This paragraph restates the requirements of paragraph (c) of AD 
2004-07-11, Amendment 39-13555 (69 FR 17911, April 6, 2004), with 
revised service information, added terminating action, and added 
paragraph reference. For airplanes identified in Group 1 in Boeing 
Service Bulletin 767-27A0183, Revision 2, dated September 25, 2014: 
If any crack is detected during any HFEC inspection required by 
paragraph (g) or (h) of this AD, before further flight, replace the 
deflection control track with a new track assembly, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-27A0183, dated May 9, 2002; or Boeing Service Bulletin 
767-27A0183, Revision 2, dated September 25, 2014. Within 12,000 
flight cycles following the replacement of deflection control track 
with a deflection control track, part number (P/N) 113T7333-3 or 
113T8333-7, perform the HFEC inspection specified in paragraph (g) 
of this AD, and repeat inspections as specified in paragraph (h) of 
this AD until the deflection control track is replaced with a 
deflection control track, P/N 113T8333-9, as specified in paragraph 
(m) of this AD. As of the effective date of this AD, only Boeing 
Service Bulletin 767-27A0183, Revision 2, dated September 25, 2014, 
may be used.

(j) New Initial Inspection for Model 767-200 and -300 Series Airplanes

    For airplanes identified in Group 2 in Boeing Service Bulletin 
767-27A0183, Revision 2, dated September 25, 2014: 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, 
do an 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 Service Bulletin 767-
27A0183, Revision 2, dated September 25, 2014.

(k) New Repetitive Inspections

    For airplanes identified in Group 2 in Boeing Service Bulletin 
767-27A0183, Revision 2, dated September 25, 2014: If no crack is 
detected during any HFEC inspection required in paragraph (j) of 
this AD, repeat the inspection thereafter at intervals not to exceed 
1,200 flight cycles.

(l) New Corrective Action and Terminating Action

    For airplanes identified in Group 2 in Boeing Service Bulletin 
767-27A0183, Revision 2, dated September 25, 2014: If any crack is 
detected during any HFEC inspection required by paragraph (j) or (k) 
of this AD, before further flight, replace the deflection control 
track with a new track assembly, part number 113T8333-9, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-27A0183, Revision 2, dated September 25, 2014. This 
replacement terminates the inspection requirements of paragraphs (j) 
and (k) of this AD.

(m) Optional Terminating Action

    Replacement of the deflection control track with a new track 
assembly, P/N 113T8333-

[[Page 27072]]

9, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 767-27A0183, Revision 2, dated September 25, 2014, 
terminates the inspection requirements of paragraphs (g), (h), (j), 
and (k) of this AD.

(n) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g), (h), (i), and (m) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Service 
Bulletin 767-27A0183, Revision 1, dated April 4, 2014, which is not 
incorporated by reference in this AD.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (p)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#794054383734542a1c180d0d151c54383a36543834363a542b1c080c1c0a0d0a391f1818571e160f"><span class="__cf_email__" data-cfemail="5e67731f1013730d3b3f2a2a323b731f1d11731f13111d730c3b2f2b3b2d2a2d1e383f3f70393128">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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.

(p) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6577; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#c3a1a6b1aba2ada6eda2afa2b9a2b183a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="d9bbbcabb1b8b7bcf7b8b5b8a3b8ab99bfb8b8f7beb6af">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (q)(5) and (q)(6) of this AD.

(q) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 27, 2015.
    (i) Boeing Service Bulletin 767-27A0183, Revision 2, dated 
September 25, 2014.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
May 11, 2004, (69 FR 17911, April 6, 2004).
    (i) Boeing Alert Service Bulletin 767-27A0183, dated May 9, 
2002.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) You may view this service information that is incorporated 
by reference 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on April 29, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-11137 Filed 5-11-15; 8:45 am]
 BILLING CODE 4910-13-P