Airworthiness Directives; Boeing Model 767 Airplanes, 67236-67239 [E7-22854]
Download as PDF
<![CDATA[
67236
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations
defined at section 1818(g)(1)(E) of Title
12).
(2) An order of removal or prohibition
shall be entered if a judgment of
conviction is entered against the
institution-affiliated party for a crime
described in § 308.161(a)(2).
(c) The notice of suspension or
prohibition or the order of removal or
prohibition shall:
(1) Inform the institution-affiliated
party that a written request for a
hearing, stating the relief desired and
grounds therefore, and any supporting
evidence, may be filed with the
Executive Secretary within 30 days after
receipt of the written notice or order;
and
(2) Summarize or cite to the relevant
considerations specified in § 308.162 of
this subpart.
ebenthall on PRODPC61 with RULES
§ 308.164
Hearings.
(a) Hearing dates. The Executive
Secretary shall order a hearing to be
commenced within 30 days after receipt
of a request for hearing filed pursuant to
§ 308.163. Upon the request of the
institution-affiliated party, the presiding
officer or the Executive Secretary may
order a later hearing date.
(b) Hearing procedure. (1) The hearing
shall be held in Washington, DC, or at
another designated place, before a
presiding officer designated by the
Executive Secretary.
(2) The provisions of §§ 308.6 through
308.12, 308.16, and 308.21 of the
Uniform Rules and §§ 308.101 through
308.102 and 308.104 through 308.106 of
subpart B of the Local Rules shall apply
to hearings held pursuant to this
subpart.
(3) The institution-affiliated party
may appear at the hearing and shall
have the right to introduce relevant and
material documents and oral argument.
Members of the FDIC enforcement staff
may attend the hearing and participate
as representatives of the FDIC
enforcement staff.
(4) There shall be no discovery in
proceedings under this subpart.
(5) At the discretion of the presiding
officer, witnesses may be presented
within specified time limits, provided
that a list of witnesses is furnished to
the presiding officer and to all other
parties prior to the hearing. Witnesses
shall be sworn, unless otherwise
directed by the presiding officer. The
presiding officer may ask questions of
any witness. Each party shall have the
opportunity to cross-examine any
witness presented by an opposing party.
The transcript of the proceedings shall
be furnished, upon request and payment
of the cost thereof, to the institutionaffiliated party afforded the hearing.
VerDate Aug<31>2005
15:16 Nov 27, 2007
Jkt 214001
(6) In the course of or in connection
with any hearing under paragraph (b) of
this section, the presiding officer shall
have the power to administer oaths and
affirmations, to take or cause to be taken
depositions of unavailable witnesses,
and to issue, revoke, quash, or modify
subpoenas and subpoenas duces tecum.
Where the presentation of witnesses is
permitted, the presiding officer may
require the attendance of witnesses from
any state, territory, or other place
subject to the jurisdiction of the United
States at any location where the
proceeding is being conducted. Witness
fees shall be paid in accordance with
§ 308.14 of the Uniform Rules.
(7) Upon the request of the
institution-affiliated party afforded the
hearing, or the members of the FDIC
enforcement staff, the record shall
remain open for five business days
following the hearing for the parties to
make additional submissions to the
record.
(8) The presiding officer shall make
recommendations to the Board of
Directors, where possible, within 10
days after the last day for the parties to
submit additions to the record.
(9) The presiding officer shall forward
his or her recommendation to the
Executive Secretary who shall promptly
certify the entire record, including the
recommendation to the Board of
Directors. The Executive Secretary’s
certification shall close the record.
(c) Written submissions in lieu of
hearing. The institution-affiliated party
may in writing waive a hearing and
elect to have the matter determined on
the basis of written submissions.
(d) Failure to request or appear at
hearing. Failure to request a hearing
shall constitute a waiver of the
opportunity for a hearing. Failure to
appear at a hearing in person or through
an authorized representative shall
constitute a waiver of hearing. If a
hearing is waived, the order shall be
final and unappealable, and shall
remain in full force and effect pursuant
to § 308.163.
(e) Decision by Board of Directors or
its designee. Within 60 days following
the Executive Secretary’s certification of
the record to the Board of Directors or
its designee, the Board of Directors or its
designee shall notify the institutionaffiliated party whether the notice of
suspension or prohibition or the order
of removal or prohibition will be
continued, terminated, or otherwise
modified. The notification shall state
the basis for any decision of the Board
of Directors or its designee that is
adverse to the institution-affiliated
party. The Board of Directors or its
designee shall promptly rescind or
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
modify a notice of suspension or
prohibition or an order of removal or
prohibition where the decision is
favorable to the institution-affiliated
party.
Dated this 5th day of November, 2007.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E7–22969 Filed 11–27–07; 8:45 am]
BILLING CODE 6714–01–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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 freeplayinduced 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
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
airplanes, the NPRM also proposed to
require related concurrent actions.
Examining the AD Docket
Comments
You may examine the AD docket on
the Internet at https://
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.
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.
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
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
67237
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
Average
labor rate
per hour
Work
hours
Action
Cost per airplane
Number of
U.S.registered
airplanes
Freeplay measurement .................
30
$80
$2,400, per measurement cycle ...
423
Lubrication .....................................
27
80
$2,160, per lubrication cycle ........
423
ebenthall on PRODPC61 with RULES
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
VerDate Aug<31>2005
15:16 Nov 27, 2007
Jkt 214001
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
Fleet cost
$1,015,200, per measurement
cycle.
$913,680, per lubrication cycle.
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
E:\FR\FM\28NOR1.SGM
28NOR1
67238
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations
Applicability
(c) This AD applies to all Boeing Model
767–200, –300, –300F, and –400ER series
airplanes, certificated in any category.
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.
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.
I
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.
2007–24–08 Boeing: Amendment 39–15274.
Docket No. FAA–2007–29259;
Directorate Identifier 2007–NM–195–AD.
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.
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 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
ebenthall on PRODPC61 with RULES
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14616 (71
FR 30272, May 26, 2006) and by adding
the following new airworthiness
directive (AD):
Effective Date
(a) This AD becomes effective November
28, 2007.
Affected ADs
(b) This AD supersedes AD 2006–11–12.
VerDate Aug<31>2005
15:16 Nov 27, 2007
Jkt 214001
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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations
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: https://www.archives.gov/federalregister/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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28883; Directorate
Identifier 2007–NM–106–AD; Amendment
39–15267; AD 2007–24–01]
RIN 2120–AA64
Airworthiness Directives; Hawker
Beechcraft Model 400A Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
ebenthall on PRODPC61 with RULES
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Hawker Beechcraft Model 400A series
VerDate Aug<31>2005
15:16 Nov 27, 2007
Jkt 214001
airplanes. This AD requires inspecting
the galley cabinets to determine if a
certain part number is installed or if a
certain size of wire already exists, and
doing related investigative/corrective
actions if necessary. This AD results
from reports of undersized, and
consequently unprotected, wire in the
galley cabinets. We are issuing this AD
to prevent overheating of wire
insulation and consequent fire or smoke
in the airplane cabin.
This AD becomes effective
January 2, 2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 2, 2008.
DATES:
For service information
identified in this AD, contact Hawker
Beechcraft Corporation, 9709 East
Central, Wichita, Kansas 67206.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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:
Philip Petty, Aerospace Engineer,
Electrical Systems and Avionics, ACE–
119W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road,
Room 100, Mid-Continent Airport,
Wichita, Kansas 67209; telephone (316)
946–4139; fax (316) 946–4107.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Hawker Beechcraft
Model 400A series airplanes. That
NPRM was published in the Federal
Register on August 9, 2007 (72 FR
44813). That NPRM proposed to require
inspecting the galley cabinets to
determine if a certain part number is
installed or if a certain size of wire
already exists, and doing related
investigative/corrective actions if
necessary.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
67239
Comments
We provided the public the
opportunity to participate in the
development of this AD. We received no
comments on the NPRM or on the
determination of the cost to the public.
Change to Language in Final Rule
We have removed the words ‘‘if
necessary’’ that were inadvertently
added to paragraph (f) of the NPRM. The
actions in paragraph (f) of this AD are
required.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD with the change
described previously. We have
determined that this change will neither
increase the economic burden on any
operator nor increase the scope of the
AD.
Costs of Compliance
There are about 285 airplanes of the
affected design in the worldwide fleet.
This AD affects about 214 airplanes of
U.S. registry. The required inspection
takes about 1 work hour per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of this AD for U.S.
operators is $17,120, or $80 per
airplane.
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 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,
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Rules and Regulations]
[Pages 67236-67239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22854]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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
----------------------------------------------------------------------------------------------------------------
Average Number of
Work labor U.S.-
Action hours rate per Cost per airplane registered Fleet cost
hour airplanes
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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:
https://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]
BILLING CODE 4910-13-P
