96-6540. Airworthiness Directives; Boeing Model 767 Series Airplanes  

  • [Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
    [Rules and Regulations]
    [Pages 11541-11543]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-6540]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    14 CFR Part 39
    
    [Docket No. 96-NM-50-AD; Amendment 39-9546; AD 96-06-09]
    
    
    Airworthiness Directives; Boeing Model 767 Series Airplanes
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Final rule; request for comments.
    
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    SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
    is applicable to three Boeing Model 767 series airplanes, serial 
    numbers 26847, 27048, and 27049. This action requires a functional 
    check of the trailing edge flap drive bypass valve, and eventual 
    replacement of the control valve module for the trailing edge flaps 
    with an improved module. This amendment is prompted by reports of 
    failure of the bypass valve motor in the control valve module of the 
    trailing edge flaps due to hydraulic fluid contamination. The actions 
    specified in this AD are intended to prevent such failure, which could 
    result in loss of shutdown protection for the trailing edge flap drive; 
    this condition could result in reduced controllability of the airplane 
    in the event of uncommanded or asymmetrical flap motion.
    
    DATES: Effective April 5, 1996.
        The incorporation by reference of certain publications listed in 
    the regulations is approved by the Director of the Federal Register as 
    of April 5, 1996.
        Comments for inclusion in the Rules Docket must be received on or 
    before May 20, 1996.
    
    ADDRESSES: Submit comments in triplicate to the Federal Aviation 
    Administration (FAA), Transport Airplane Directorate, ANM-103, 
    Attention: Rules Docket No. 96-NM-50-AD, 1601 Lind Avenue SW., Renton, 
    Washington 98055-4056.
        The service information referenced in this AD may be obtained from 
    Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
    98124-2207. This information may be examined at the FAA, Transport 
    Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at 
    the Office of the Federal Register, 800 North Capitol Street NW., suite 
    700, Washington, DC.
    
    
    [[Page 11542]]
    
    FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
    Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
    Certification Office, 1601 Lind Avenue SW., Renton, Washington; 
    telephone (206) 227-2670; fax (206) 227-1181.
    
    SUPPLEMENTARY INFORMATION: On September 27, 1993, the FAA issued AD 93-
    19-05, amendment 39-8703 (58 FR 54940, October 25, 1993), which is 
    applicable to Boeing Model 767 series airplanes, line positions 001 
    through 402 inclusive. That AD requires (initially) various functional 
    checks of:
    
    1. the leading edge slat shutoff valve,
    2. the trailing edge flap drive bypass valve,
    3. the leading edge slat long term shutoff control, and
    4. the leading edge slat drive mechanical rigging.
    
        In addition, that AD requires installation of terminating 
    modifications for the required functional checks. One of these 
    modifications involves replacing the bypass valve motor of the control 
    valve module for the trailing edge flaps.
        AD 93-19-05 was prompted by a report of an uncommanded slat 
    extension during cruise, and several instances of an inoperative 
    trailing edge flap bypass valve motor. These instances were attributed 
    to hydraulic fluid in the bypass valve motor. The requirements of that 
    AD are intended to prevent uncommanded deployment of leading edge 
    slats, which could result in structural damage to the wing and 
    consequent degradation of flight control. Additionally, the 
    requirements of that AD are intended to ensure shutdown protection for 
    the trailing edge flap drive in the event of uncommanded or 
    asymmetrical flap motion.
        Since the issuance of AD 93-19-05, the manufacturer has advised the 
    FAA that three airplanes (those having serial numbers 26847, 27048, and 
    27049) were delivered on which the replacement of the bypass valve 
    motor in the control valve module for the trailing edge flaps had not 
    been accomplished during production. Those three airplanes were not 
    included in the applicability of AD 93-19-05; however, they are subject 
    to the same unsafe condition addressed by that AD. The FAA has 
    determined that loss of shutdown protection for the trailing edge flap 
    drive due to hydraulic fluid contamination of the bypass valve motor 
    could occur on these three airplanes.
        The FAA has reviewed and approved Boeing Service Bulletin 767-
    27A0094, Revision 5, dated June 9, 1994, which describes (among other 
    actions) procedures to perform a one-time functional check of the 
    bypass valve of the trailing edge flap drive.
        The FAA has also reviewed and approved Boeing Service Bulletin 767-
    27-0138, dated August 17, 1995, which describes procedures for 
    replacement of the control valve module for the trailing edge flaps 
    with an improved module on the three airplanes having serial numbers 
    26847, 27048, and 27049. The bypass valve motor in the improved module 
    was redesigned to ensure that the motor is hermetically sealed. 
    Accomplishment of this replacement will prevent hydraulic fluid 
    contamination.
        Since an unsafe condition has been identified that is likely to 
    exist or develop on other Boeing Model 767 series airplanes of the same 
    type design, this AD is being issued to prevent loss of shutdown 
    protection for the trailing edge flap drive, which could result in 
    reduced controllability of the airplane in the event of uncommanded or 
    asymmetrical flap motion. This AD requires a one-time functional check 
    of the trailing edge flap drive bypass valve, and eventual replacement 
    of the control valve module for the trailing edge flaps with an 
    improved module. The actions are required to be accomplished in 
    accordance with the service bulletins described previously. This AD 
    applies only to airplanes having serial numbers 26847, 27048, and 
    27049.
    
        [Note: The FAA's normal policy is that when an AD requires a 
    substantive change, such as a change (expansion) in its 
    applicability, the ``old'' AD is superseded by removing it from the 
    system and a new AD is added. In the case of this AD action, the FAA 
    normally would have proposed superseding AD 93-19-05 to expand its 
    applicability to include the three additional affected airplanes. 
    However, in reconsideration of the entire fleet size that would be 
    affected by a supersedure action, and the consequent workload 
    associated with revising maintenance record entries, the FAA has 
    determined that a less burdensome approach is to issue a separate AD 
    applicable only to the three additional airplanes. This AD does not 
    supersede AD 93-19-05; airplanes listed in the applicability of AD 
    93-19-05 are required to continue to comply with the requirements of 
    that AD. This AD is a separate AD action, and is applicable only to 
    airplanes having serial numbers 26847, 27048, and 27049.]
    
        Operators should note that the manufacturer's recommended 
    compliance time for accomplishment of the functional check is within 
    400 flight hours after receipt of the service bulletin. While the FAA 
    agrees that 400 flight hours would normally be an appropriate 
    compliance time, this AD specifies a compliance time of 25 days after 
    the effective date of this AD. This compliance time was developed by 
    taking into account the date that the initial service bulletin 
    recommended (September 28, 1989) for accomplishment of the actions and 
    the time that has elapsed since that date. The FAA considered not only 
    the manufacturer's recommendation, but the degree of urgency associated 
    with addressing the subject unsafe condition, as well as the time 
    necessary to perform the functional check (1 work hour). In light of 
    these factors, the FAA finds 25 days to be an appropriate compliance 
    time for initiating the required functional check.
        Since a situation exists that requires the immediate adoption of 
    this regulation, it is found that notice and opportunity for prior 
    public comment hereon are impracticable, and that good cause exists for 
    making this amendment effective in less than 30 days.
    
    Comments Invited
    
        Although this action is in the form of a final rule that involves 
    requirements affecting flight safety and, thus, was not preceded by 
    notice and an opportunity for public comment, comments are invited on 
    this rule. Interested persons are invited to comment on this rule by 
    submitting such written data, views, or arguments as they may desire. 
    Communications shall identify the Rules Docket number and be submitted 
    in triplicate to the address specified under the caption ADDRESSES. All 
    communications received on or before the closing date for comments will 
    be considered, and this rule may be amended in light of the comments 
    received. Factual information that supports the commenter's ideas and 
    suggestions is extremely helpful in evaluating the effectiveness of the 
    AD action and determining whether additional rulemaking action would be 
    needed.
        Comments are specifically invited on the overall regulatory, 
    economic, environmental, and energy aspects of the rule that might 
    suggest a need to modify the rule. All comments submitted will be 
    available, both before and after the closing date for comments, in the 
    Rules Docket for examination by interested persons. A report that 
    summarizes each FAA-public contact concerned with the substance of this 
    AD will be filed in the Rules Docket.
        Commenters wishing the FAA to acknowledge receipt of their comments 
    submitted in response to this rule must submit a self-addressed, 
    stamped postcard on which the following statement is made: ``Comments 
    to Docket Number 96-NM-50-AD.'' The
    
    [[Page 11543]]
    postcard will be date stamped and returned to the commenter.
        The regulations adopted herein will not have substantial direct 
    effects on the States, on the relationship between the national 
    government and the States, or on the distribution of power and 
    responsibilities among the various levels of government. Therefore, in 
    accordance with Executive Order 12612, it is determined that this final 
    rule does not have sufficient federalism implications to warrant the 
    preparation of a Federalism Assessment.
        The FAA has determined that this regulation is an emergency 
    regulation that must be issued immediately to correct an unsafe 
    condition in aircraft, and that it is not a ``significant regulatory 
    action'' under Executive Order 12866. It has been determined further 
    that this action involves an emergency regulation under DOT Regulatory 
    Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
    determined that this emergency regulation otherwise would be 
    significant under DOT Regulatory Policies and Procedures, a final 
    regulatory evaluation will be prepared and placed in the Rules Docket. 
    A copy of it, if filed, may be obtained from the Rules Docket at the 
    location provided under the caption ADDRESSES.
    
    List of Subjects in 14 CFR Part 39
    
        Air transportation, Aircraft, Aviation safety, Incorporation by 
    reference, Safety.
    
    Adoption of the Amendment
    
        Accordingly, pursuant to the authority delegated to me by the 
    Administrator, the Federal Aviation Administration amends part 39 of 
    the Federal Aviation Regulations (14 CFR part 39) as follows:
    
    PART 39--AIRWORTHINESS DIRECTIVES
    
        1. The authority citation for part 39 continues to read as follows:
    
        Authority: 49 USC 106(g), 40113, 44701.
    
    
    Sec. 39.13  [Amended]
    
        2. Section 39.13 is amended by adding the following new 
    airworthiness directive:
    
    96-06-09 Boeing: Amendment 39-9546. Docket 96-NM-50-AD.
    
        Applicability: Model 767 series airplanes, having serial number 
    26847, 27048, or 27049, certificated in any category.
    
        Note 1: This AD applies to each airplane identified in the 
    preceding applicability provision, regardless of whether it has been 
    otherwise modified, altered, or repaired in the area subject to the 
    requirements of this AD. For airplanes that have been modified, 
    altered, or repaired so that the performance of the requirements of 
    this AD is affected, the owner/operator must request approval for an 
    alternative method of compliance in accordance with paragraph (d) of 
    this AD. The request should include an assessment of the effect of 
    the modification, alteration, or repair on the unsafe condition 
    addressed by this AD; and, if the unsafe condition has not been 
    eliminated, the request should include specific proposed actions to 
    address it.
    
        Compliance: Required as indicated, unless accomplished 
    previously. -To prevent loss of shutdown protection for the trailing 
    edge flap drive, which could result in reduced controllability of 
    the airplane in the event of uncommanded or asymmetrical flap 
    motion, accomplish the following:
        (a) Within 25 days after the effective date of this AD, perform 
    a one-time functional check to ensure that the bypass valve motor in 
    the control valve module for the trailing edge flaps is operational, 
    in accordance with Part II of the Accomplishment Instructions of 
    Boeing Service Bulletin 767-27A0094, Revision 5, dated June 9, 1994. 
    If a failed bypass valve motor is found, prior to further flight, 
    accomplish the replacement required by paragraph (b) of this AD.
        (b) Within 60 days after the effective date of this AD, replace 
    the control valve module for the trailing edge flaps with an 
    improved module having a redesigned bypass valve motor that is 
    hermetically sealed, in accordance with Boeing Service Bulletin 767-
    27-0138, dated August 17, 1995.
        (c) As of the effective date of this AD, no person shall install 
    either a control valve module, part number S256T005-7, or a bypass 
    valve, part number S256T005-4, on any airplane.
        (d) An alternative method of compliance or adjustment of the 
    compliance time that provides an acceptable level of safety may be 
    used if approved by the Manager, Seattle Aircraft Certification 
    Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
    submit their requests through an appropriate FAA Principal 
    Maintenance Inspector, who may add comments and then send it to the 
    Manager, Seattle ACO.
    
        Note 2: Information concerning the existence of approved 
    alternative methods of compliance with this AD, if any, may be 
    obtained from the Seattle ACO.
    
        (e) Special flight permits may be issued in accordance with 
    sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
    CFR 21.197 and 21.199) to operate the airplane to a location where 
    the requirements of this AD can be accomplished.
        (f) The functional check shall be done in accordance with Boeing 
    Service Bulletin 767-27A0094, Revision 5, dated June 9, 1994. The 
    replacement shall be done in accordance with Boeing Service Bulletin 
    767-27-0138, dated August 17, 1995. This incorporation by reference 
    was approved by the Director of the Federal Register in accordance 
    with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
    Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
    98124-2207. Copies may be inspected at the FAA, Transport Airplane 
    Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
    Office of the Federal Register, 800 North Capitol Street, NW., suite 
    700, Washington, DC.
        (g) This amendment becomes effective on April 5, 1996.
    
        Issued in Renton, Washington, on March 13, 1996.
    James V. Devany,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 96-6540 Filed 3-20-96; 8:45 am]
    BILLING CODE 4910-13-P
    
    

Document Information

Effective Date:
4/5/1996
Published:
03/21/1996
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule; request for comments.
Document Number:
96-6540
Dates:
Effective April 5, 1996.
Pages:
11541-11543 (3 pages)
Docket Numbers:
Docket No. 96-NM-50-AD, Amendment 39-9546, AD 96-06-09
PDF File:
96-6540.pdf
CFR: (1)
14 CFR 39.13