
[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Proposed Rules]
[Pages 47563-47568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22523; Directorate Identifier 2005-NM-058-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain The Boeing Company Model 767 airplanes. That NPRM 
proposed to require drilling a drain hole in the flanged tubes for 
certain elevator control cable aft pressure seals; doing repetitive 
inspections for dirt, loose particles, or blockage of the flanged tube 
and drain hole for the pressure seals, and corrective action if 
necessary; replacing the aft air-intake duct assembly with a new or 
modified assembly and installing a dripshield; and installing gutters 
on the horizontal stabilizer center section and modifying the side 
brace fittings. That NPRM was prompted by reports of stiff operation of 
the elevator pitch control system and jammed elevator controls. This 
action revises that NPRM by proposing to require replacement of 
pressure seal assemblies, rather than the proposed drilling of drain 
holes; revising a certain compliance time and inspection type; adding 
certain optional actions; and revising the applicability. We are 
proposing this supplemental NPRM to prevent moisture from collecting 
and freezing on the elevator control system components, which could 
limit the ability of the flightcrew to make elevator control inputs and 
result in reduced controllability of the airplane. Since these actions 
impose an additional burden over that proposed in the previous NPRM, we 
are reopening the comment period to allow the public the chance to 
comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by September 
24, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

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 proposed 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: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: (425) 917-6490; fax: (425) 917-6590; email: 
Kelly.McGuckin@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2005-
22523; Directorate Identifier 2005-NM-058-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to certain The Boeing Company Model 767-200, -300, -300F, 
and -400ER series airplanes. That NPRM published in the Federal 
Register on September 27, 2005 (70 FR 56386). That NPRM proposed to 
require drilling a drain hole in the flanged tubes for the E1A and E1B 
elevator control cable aft pressure seals; doing repetitive inspections 
for dirt, loose particles, or blockage of the flanged tube and drain 
hole for the E1A and E1B elevator control cable aft pressure seals and 
corrective action if necessary; replacing the aft air-intake duct 
assembly with a new or modified aft air-intake duct assembly and 
installing a dripshield; and installing gutters on the horizontal 
stabilizer center section and modifying the side brace fittings.

Actions Since Previous NPRM (70 FR 56386, September 27, 2005) Was 
Issued

    Since we issued the previous NPRM (70 FR 56386, September 27, 
2005), we have received reports of elevator control restrictions from 
operators who had implemented the actions specified in the previous 
NPRM.
    Since we issued the previous NPRM (70 FR 56386, September 27, 
2005), we have also received revised and new service information.
    We have reviewed Boeing Service Bulletin 767-27-0204, Revision 2, 
dated August 16, 2011 (for Model 767-200, -300, and -300F series 
airplanes); and Boeing Service Bulletin 767-27-0205, Revision 2, dated 
August 30, 2011 (for Model 767-400ER series airplanes). We referred to 
Boeing Service Bulletin 767-27-0204, dated January 27, 2005; and Boeing 
Service Bulletin 767-27-0205, dated January 27, 2005; as the 
appropriate sources of service information for accomplishing the

[[Page 47564]]

actions proposed in paragraph (g) of the previous NPRM (70 FR 56386, 
September 27, 2005). Revision 2 of this service information revises the 
type of inspection from a detailed inspection to a general visual 
inspection, and also revises the compliance times by basing one time on 
the accomplishment of Boeing Service Bulletin 767-27A0219.
    Boeing Service Bulletin 767-27-0204, Revision 2, dated August 16, 
2011, revises the effectivity to specify line numbers 225, 226, 228 
through 717, and 719 through 971, except airborne warning and control 
system (AWACS) airplanes (previous effectivity was line numbers 225, 
226 and 228 through 9999). Boeing Service Bulletin 767-27-0205, 
Revision 2, dated August 30, 2011, also revises the effectivity to 
specify line numbers 758 through 965 (Revision 2 of this service 
information removes airplanes--the earlier revisions specified ``all'' 
airplanes). We have revised paragraphs (c) and (g) of this supplemental 
NPRM to refer to this revised service information. We have also added 
new paragraph (m)(1) to give credit for actions done before the 
effective date of the AD using earlier versions of Boeing Service 
Bulletin 767-27-0204, Revision 2, dated August 16, 2011; and Boeing 
Service Bulletin 767-27-0205, Revision 2, dated August 30, 2011.
    We have also reviewed Boeing Service Bulletin 767-27A0224, Revision 
1, dated December 16, 2011, which describes procedures for replacing 
the two existing pressure seal assemblies for the left elevator control 
cables at the aft pressure bulkhead. The replacement also includes 
closing existing drain holes for airplanes that have drain holes in the 
seal block tubes. Boeing Service Bulletin 767-27A0224, Revision 1, 
dated December 16, 2011, specifies that, for certain airplanes, the 
replacement eliminates the need for the inspections specified in Boeing 
Service Bulletin 767-27-0204, Revision 2, dated August 16, 2011; and 
Boeing Service Bulletin 767-27-0205, Revision 2, dated August 30, 2011.
    We have determined that the replacement specified in Boeing Service 
Bulletin 767-27A0224, Revision 1, dated December 16, 2011, needs to be 
done to address the identified unsafe condition instead of the actions 
proposed in paragraph (f) of the previous NPRM (70 FR 56386, September 
27, 2005). We have not retained paragraph (f) of the previous NPRM in 
this supplemental NPRM. The effectivity of Boeing Service Bulletin 767-
27A0224, Revision 1, dated December 16, 2011, includes line numbers 906 
through 974, which were not in the service information referenced in 
paragraph (f) of the previous NPRM.
    We have added new paragraph (h) to this supplemental NPRM to 
propose to require the replacement specified in Boeing Service Bulletin 
767-27A0224, Revision 1, dated December 16, 2011, for certain airplanes 
and, for certain other airplanes, we have added new paragraph (l) in 
this supplemental NPRM to provide the replacement as an optional 
action. We have also added new paragraph (m)(2) to this supplemental 
NPRM to give credit for actions done in accordance with Boeing Alert 
Service Bulletin 767-27A0224, dated June 23, 2011.
    We have also reviewed Boeing Service Bulletin 767-49A0035, Revision 
2, dated June 2, 2006. We referred to Boeing Alert Service Bulletin 
767-49A0035, Revision 1, dated December 11, 2003, as the appropriate 
source of service information for accomplishing the actions proposed in 
paragraph (h) of the previous NPRM (70 FR 56386, September 27, 2005). 
Revision 2 of this service bulletin advises operators that it is 
unnecessary to remove the forward intake duct. Revision 2 of this 
service bulletin also adds notes and removes certain steps to clarify 
the procedure. We have revised paragraph (i) of this supplemental NPRM 
(which corresponds to paragraph (h) of the previous NPRM) to refer to 
Boeing Service Bulletin 767-49A0035, Revision 2, dated June 2, 2006. We 
have added new paragraph (m)(3) to this supplemental NPRM to give 
credit for doing the applicable actions in accordance with Boeing Alert 
Service Bulletin 767-49A0035, Revision 1, dated December 11, 2003.
    We have also reviewed Boeing Service Bulletin 767-51A0027, Revision 
1, dated October 12, 2006; and Boeing Service Bulletin 767-51A0028, 
Revision 1, dated October 12, 2006. We referred to Boeing Alert Service 
Bulletin 767-51A0027, dated December 9, 2004; and Boeing Alert Service 
Bulletin 767-51A0028, dated December 9, 2004; as the appropriate 
sources of service information for accomplishing the actions proposed 
in paragraph (i) of the previous NPRM (70 FR 56386, September 27, 
2005). Revision 1 of this service information adds a high frequency 
eddy current inspection for cracks as an option to a certain dye 
penetrant inspection, and adds a corrective action for those 
inspections, i.e., oversizing the hole. Revision 1 of this service 
information also adds an option to install the gutter as a one-piece 
assembly. We have revised paragraph (j) of this supplemental NPRM 
(which corresponds to paragraph (i) of the previous NPRM) to refer to 
Boeing Service Bulletin 767-51A0027, Revision 1, dated October 12, 
2006; and to Boeing Service Bulletin 767-51A0028, Revision 1, dated 
October 12, 2006. We have added new paragraph (m)(4) to this 
supplemental NPRM to give credit for doing actions in accordance with 
Boeing Alert Service Bulletin 767-51A0027, dated December 9, 2004; and 
Boeing Alert Service Bulletin 767-51A0028, dated December 9, 2004.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(70 FR 56386, September 27, 2005). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Request To Withdraw the Previous NPRM (70 FR 56386, September 27, 2005)

    Airlines for America, on behalf of its member Delta Airlines 
(Delta), requested we withdraw the previous NPRM (70 FR 56386, 
September 27, 2005). Delta stated that ``the root causes of the three 
noted findings were not conclusively identified,'' and withdrawal would 
be justified by the lack of documented blade seal leakage in service. 
Delta noted that the Boeing 767 fleet has been in operation for over 20 
years and has had relatively few instances of stiff controls in the 
area of the modifications proposed by the previous NPRM. Delta stated 
that the modifications involve a change in design of the aircraft to 
divert possible water intrusion, yet the water intrusion was not a 
concern until the second quarter of 2001. Delta indicated that ``it 
seems unlikely that a poor design that is not age-related would cause 
concern after so many years of time-tested, safe operations.'' Delta 
stated that a regulatory action to correct a design problem that has 
not been identified conclusively is unjustified.
    We disagree with the commenter's request. The in-service events of 
Model 767 airplane elevator control restrictions were investigated by 
The Boeing Company subsequent to the events identified in the previous 
NPRM (70 FR 56386, September 27, 2005). One of these events included 
difficulty flaring the airplane and a subsequent hard landing. These 
conditions made it difficult for the flightcrew to control the pitch of 
the airplane because elevator control movements were restricted. The 
investigation included analysis of flight data recorder information and 
on-airplane testing. Determining the exact

[[Page 47565]]

location of suspected icing and conclusively identifying a root cause 
was very difficult on in-service airplanes as the ice formed at high 
altitudes, and then melted upon landing at an airport. In addition, 
Boeing identified the most probable locations of the control system 
freezing, and identified the probable locations of moisture ingress. 
Boeing released service information as a result of this investigation.
    We concur with Boeing's conclusions and the recommendations 
contained in the service information. We have determined that an unsafe 
condition exists on the affected airplanes, and is likely to exist or 
develop on other airplanes of the same type design. Issuance of an AD 
is the appropriate vehicle to correct an unsafe condition. No change 
has been made to this supplemental NPRM in this regard.

Request to Extend Compliance Times

    Airlines for America, on behalf of its member UPS, requested we 
extend the compliance time for the replacement specified in paragraph 
(h) of the previous NPRM (70 FR 56386, September 27, 2005) from 18 to 
24 months. UPS stated that it has not accomplished the actions 
specified in the relevant service information because there have been 
no findings at UPS, nor have there been any problems related to 
auxiliary power unit (APU) air intake duct water leakage causing stiff 
operation of the pitch control system by freezing on the associated 
linear variable differential transducer (LVDT). UPS stated that 
continued normal maintenance and flight operations provide an 
equivalent level of safety.
    Airlines for America, on behalf of its member Delta, requested that 
we extend the compliance time for the modification and installation 
specified in paragraph (i) of the previous NPRM (70 FR 56386, September 
27, 2005) from 60 to 72 months. Delta stated that the proposed 
compliance time does not fall into a routine maintenance opportunity. 
Delta noted again that there have been no specific instances of blade 
seal leakage on an in-service aircraft, and stated that seal leakage 
has occurred only during a ``wet-down'' test. Delta also stated that 
Boeing has not indicated there is a freezing problem attributed to 
stiff controls from blade seal leakage and that the root cause cannot 
be identified conclusively. Delta stated this lack of conclusive 
evidence over 20 years of operational history should be adequate to 
establish a more amenable compliance time.
    We disagree with both requests for extensions of the compliance 
times. Since issuance of the previous NPRM (70 FR 56386, September 27, 
2005), we have received several additional reports of elevator system 
restrictions likely caused by ice accumulation. The compliance times of 
18 months specified in paragraph (i) and 60 months specified in 
paragraph (j) of this supplemental NPRM (which correspond to paragraphs 
(h) and (i) of the previous NPRM (70 FR 56386, September 27, 2005)) are 
based on our review of the manufacturer's recommended compliance times, 
which are based on airplane-level risk assessment and input from the 
lead airline. We have determined that these compliance times are 
appropriate to ensure an acceptable level of safety for the affected 
fleet. We have not changed this supplemental NPRM in this regard.

Request to Exclude Certain Requirements for Freighter Airplanes

    Airlines for America, on behalf of its member UPS, requested that 
we revise paragraphs (f) and (g) of the previous NPRM (70 FR 56386, 
September 27, 2005) to exclude airplanes that do not have associated 
aft galley installations. The commenter stated that aft galleys are not 
installed on the Model 767-300F (freighter) airplanes in its fleet.
    We disagree. We considered excluding freighter airplanes from the 
specified paragraphs of this supplemental NPRM. Although a leaking aft 
galley has been determined to potentially cause moisture to collect and 
freeze on the elevator control cables in this area, other sources of 
moisture were considered. These other sources include leaking cargo 
containers, and rain, snow, and ice on cargo containers. In light of 
these other potential moisture sources, we determined that paragraphs 
(g) and (h) of this supplemental NPRM are also applicable to freighter 
airplanes; paragraph (h) of this supplemental NPRM contains the new 
actions we are proposing instead of the action proposed in paragraph 
(g) of the previous NPRM (70 FR 56386, September 27, 2005).

Request to Revise Alternative Methods of Compliance (AMOC) Section

    Boeing requested we revise the AMOC paragraph (i.e., paragraph (k)) 
of the previous NPRM (70 FR 56386, September 27, 2005) to include a 
provision to allow repairs to be approved by a Boeing Company 
Authorized Representative (AR) who has been authorized by the FAA to 
make such findings.
    We agree and have added new paragraph (n)(3) to this supplemental 
NPRM accordingly.

Request to Change Service Information Reference

    Delta requested we revise paragraph (f) of the previous NPRM (70 FR 
56386, September 27, 2005) to refer to Boeing Service Bulletin 767-
27A0192, Revision 1, dated March 17, 2005.
    We agree that paragraph (f) of the previous NPRM (70 FR 56386, 
September 27, 2005) included an incorrect reference. However, we have 
not restated that paragraph in this supplemental NPRM. We have not 
revised this supplemental NPRM in this regard.

Additional Changes

    We have added a new paragraph (d) to this supplemental NPRM to 
provide the Air Transport Association (ATA) of America subject codes. 
These codes are added to make this supplemental NPRM parallel with 
other new AD actions.
    We have revised the heading and wording for paragraph (m) of this 
supplemental NPRM; this change does not affect the intent of that 
paragraph.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs. Certain changes described above expand the scope of 
the original NPRM. As a result, we have determined that it is necessary 
to reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require, depending on airplane 
configuration, repetitive general visual inspections for dirt, loose 
particles, and blockage of the flanged tube and drain hole for the E1A 
and E1B elevator control cable aft pressure seals, and corrective 
actions if necessary; replacement of the two existing pressure seal 
assemblies for the left elevator control cables at the aft pressure 
bulkhead; replacement of the aft air-intake duct assembly with a new or 
modified aft air-intake duct assembly and installation of a dripshield; 
and installation of gutters on the horizontal stabilizer center section 
and modification of the side brace fittings, including a dye penetrant 
or high frequency eddy current inspection for cracking and damage and 
corrective actions if necessary.

[[Page 47566]]

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 767-51A0027, Revision 1, dated October 12, 
2006; and Boeing Service Bulletin 767-51A0028, Revision 1, dated 
October 12, 2006; specify to contact the manufacturer for instructions 
on how to repair certain conditions, but this proposed AD would require 
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes ODA whom we have authorized to make those findings.
    Step 8 in Figures 6 and 10 of Boeing Service Bulletin 767-51A0027, 
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specifies hydraulic hose, 
part number AS115-08D0274; this supplemental NPRM specifies the correct 
part number, AS115-08D0280.
    For steps 4, 8, and 12 in Figures 6 and 10 of Boeing Service 
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing 
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006: This 
supplemental NPRM allows hydraulic hose, part number AS115-08K0280, as 
an option to part number AS115-08D0280.
    For steps 2, 6, and 10 in Figures 6 and 10 of Boeing Service 
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing 
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006: This 
supplemental NPRM allows hydraulic hose, part number AS115-06K0274, as 
an option to part number AS115-06D0274.
    Steps 3.B.16 and 3.B.17 of Boeing Service Bulletin 767-51A0027, 
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specify to do a check of 
the elevator power control actuator and a systems test of the autopilot 
system. Those actions would not be required by this supplemental NPRM 
because those systems are not disturbed during gutter installation.
    Where Note (d) of Figure 8 of Boeing Service Bulletin 767-51A0027, 
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specifies to ``install 
collars on the upper surface of the gutter,'' this supplemental NPRM 
would require that operators install these bolts with the bolt heads 
either up or down provided that the bolt head direction prevents 
interference between the collars and the hydraulic lines.
    Step 1 of Figure 4 of Boeing Service Bulletin 767-49A0035, Revision 
2, dated June 2, 2006, specifies to install the forward air-intake 
duct. This action is not included in this supplemental NPRM because it 
is not necessary for operators to remove the forward air-intake duct.

Costs of Compliance

    We estimate that this proposed AD affects about 400 airplanes of 
U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection of the flanged tube     2 work-hours x $85             $0  $170 per inspection   $51,000 per
 and drain hole (300 airplanes).    per hour = $170 per                cycle.                inspection cycle.
                                    inspection cycle.
Pressure seal replacement (300     7 work-hours x $85            261  856.................  256,800
 airplanes).                        per hour = $595.
Aft air[dash]intake duct assembly  3 work-hours x $85          1,462  1,717...............  614,686
 replacement and dripshield         per hour = $255.
 installation (358 airplanes).
Horizontal stabilizer gutter       12 work-hours x $85         1,902  2,922...............  1,034,388
 installation and modification of   per hour = $1,020.
 the side brace fittings (354
 airplanes).
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary cleaning that 
would be required based on the results of the proposed inspection. We 
have no way of determining the number of aircraft that might need this 
cleaning.

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Cleaning...................................  1 work-hour x $85 per hour = $85...              $0             $85
----------------------------------------------------------------------------------------------------------------

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.

[[Page 47567]]

    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2005-22523; Directorate 
Identifier 2005-NM-058-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as 
identified in the service information specified in paragraphs 
(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD.
    (1) Boeing Service Bulletin 767-27A0224, Revision 1, dated 
December 16, 2011.
    (2) Boeing Service Bulletin 767-49A0035, Revision 2, dated June 
2, 2006.
    (3) Boeing Service Bulletin 767-27-0204, Revision 2, dated 
August 16, 2011.
    (4) Boeing Service Bulletin 767-27-0205, Revision 2, dated 
August 30, 2011.
    (5) Boeing Service Bulletin 767-51A0027, Revision 1, dated 
October 12, 2006.
    (6) Boeing Service Bulletin 767-51A0028, Revision 1, dated 
October 12, 2006.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 27, Flight controls; 49, Airborne auxiliary 
power; 51, Standard practices/structures.

(e) Unsafe Condition

    This AD was prompted by reports of stiff operation of the 
elevator pitch control system and jammed elevator controls. We are 
issuing this AD to prevent moisture from collecting and freezing on 
the elevator control system components, which could limit the 
ability of the flightcrew to make elevator control inputs and result 
in reduced controllability of the airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    For airplanes identified in Boeing Service Bulletin 767-27-0204, 
Revision 2, dated August 16, 2011; and Boeing Service Bulletin 767-
27-0205, Revision 2, dated August 30, 2011: At the applicable time 
specified in paragraph (g)(1) or (g)(2) of this AD, do a general 
visual inspection for dirt, loose particles, and blockage of the 
flanged tube and drain hole for the E1A and E1B elevator control 
cable aft pressure seals, and all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-27-0204, Revision 2, dated August 16, 2011 (for Model 
767-200, -300, and -300F series airplanes); or Boeing Service 
Bulletin 767-27-0205, Revision 2, dated August 30, 2011 (for Model 
767-400ER series airplanes). Do all applicable corrective actions 
before further flight. Repeat the inspection thereafter at intervals 
not to exceed 24 months.
    (1) For airplanes on which Boeing Service Bulletin 767-27A0219 
has been done as of the effective date of this AD: Do the inspection 
at the time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this 
AD, whichever occurs later.
    (i) Within 24 months after doing the actions specified in Boeing 
Service Bulletin 767-27A0219.
    (ii) Within 6 months after the effective date of this AD.
    (2) For airplanes on which Boeing Service Bulletin 767-27A0219 
has not been done as of the effective date of this AD: Do the 
inspection at the time specified in paragraph (g)(2)(i) or 
(g)(2)(ii) of this AD, whichever occurs later.
    (i) Within 24 months after the effective date of this AD.
    (ii) Within 24 months since the date of issuance of the original 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness.

(h) Replacement--Pressure Seal Assemblies

    For Group 1, Configuration 1-2 airplanes; Group 2, Configuration 
1 airplanes; and Group 4, Configuration 1-2 airplanes; as identified 
in Boeing Service Bulletin 767-27A0224, Revision 1, dated December 
16, 2011: Within 24 months after the effective date of this AD, 
replace the two existing pressure seal assemblies for the left 
elevator control cables at the aft pressure bulkhead, in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 767-
27A0224, Revision 1, dated December 16, 2011. Accomplishing this 
replacement terminates the inspections required by paragraph (g) of 
this AD.

(i) Replacement--Air-Intake Duct Assembly and Installation--Dripshield

    For airplanes identified in Boeing Service Bulletin 767-49A0035, 
Revision 2, dated June 2, 2006: Within 18 months after the effective 
date of this AD, replace the aft air-intake duct assembly with a new 
or modified aft air-intake duct assembly and install a dripshield, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-49A0035, Revision 2, dated June 2, 2006, except as 
provided by paragraph (k)(1) of this AD.

(j) Gutter Installation and Side Brace Modification

    For airplanes identified in Boeing Service Bulletin 767-51A0027, 
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006: Within 60 months after 
the effective date of this AD, install gutters on the horizontal 
stabilizer center section, and modify the side brace fittings, 
including doing a dye penetrant or high frequency eddy current 
inspection for cracking and damage of the drain hole and all 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-51A0027, Revision 1, 
dated October 12, 2006 (for Model 767-200, -300, and -300F series 
airplanes); or Boeing Service Bulletin 767-51A0028, Revision 1, 
dated October 12, 2006 (for Model 767-400ER series airplanes); 
except as provided by paragraphs (k)(2), (k)(3), (k)(4), (k)(5), 
(k)(6), and (k)(7) of this AD.

(k) Exceptions to Service Information

    (1) Where Step 1 of Figure 4 of Boeing Service Bulletin 767-
49A0035, Revision 2, dated June 2, 2006, specifies installing the 
forward air-intake duct, that installation is not required by this 
AD.
    (2) Where Boeing Service Bulletin 767-51A0027, Revision 1, dated 
October 12, 2006; and Boeing Service Bulletin 767-51A0028, Revision 
1, dated October 12, 2006; specify to contact Boeing for appropriate 
action: Before further flight, repair using a method approved in 
accordance with the procedures specified in paragraph (n) of this 
AD.
    (3) Where step 8 in Figures 6 and 10 of Boeing Service Bulletin 
767-51A0027, Revision 1, dated October 12, 2006; and Boeing Service 
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; specify 
hydraulic hose, part number AS115-08D0274, the correct part number 
is AS115-08D0280.
    (4) For steps 4, 8, and 12 in Figures 6 and 10 of Boeing Service 
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing 
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006: 
Hydraulic hose, part number AS115-08K0280, is an option to part 
number AS115-08D0280.
    (5) For steps 2, 6, and 10 in Figures 6 and 10 of Boeing Service 
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing 
Service Bulletin 767-51A0028,

[[Page 47568]]

Revision 1, dated October 12, 2006: Hydraulic hose, part number 
AS115-06K0274, is an option to part number AS115-06D0274.
    (6) Steps 3.B.16 and 3.B.17 of Boeing Service Bulletin 767-
51A0027, Revision 1, dated October 12, 2006; and Boeing Service 
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; are not 
required by this AD.
    (7) Where Note (d) of Figure 8 of Boeing Service Bulletin 767-
51A0027, Revision 1, dated October 12, 2006; and Boeing Service 
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; specifies 
to ``install collars on the upper surface of the gutter,'' this AD 
requires that operators install these bolts with the bolt heads 
either up or down provided that the bolt head direction prevents 
interference between the collars and the hydraulic lines.

(l) Optional Replacement--Pressure Seal Assemblies

    For Group 1, Configuration 3-4 airplanes; Group 2, Configuration 
2-3 airplanes; Group 3 airplanes; and Group 4, Configuration 3-4 
airplanes; as identified in Boeing Service Bulletin 767-27A0224, 
Revision 1, dated December 16, 2011: Replacing the two existing 
pressure seal assemblies for the left elevator control cables at the 
aft pressure bulkhead, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 767-27A0224, Revision 1, 
dated December 16, 2011, terminates the inspections required by 
paragraph (g) of this AD.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if the actions were performed before the 
effective date of this AD using the applicable service information 
in paragraph (m)(1)(i) or (m)(1)(ii) of this AD.
    (i) For Model 767-200, -300, and -300F series airplanes: Boeing 
Service Bulletin 767-27-0204, dated January 27, 2005; or Boeing 
Service Bulletin 767-27-0204, Revision 1, dated February 12, 2009.
    (ii) For Model 767-400ER series airplanes: Boeing Service 
Bulletin 767-27-0205, dated January 27, 2005; or Boeing Service 
Bulletin 767-27-0205, Revision 1, dated February 12, 2009.
    (2) This paragraph provides credit for the actions required by 
paragraphs (h) and (l) of this AD, if the actions were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 767-27A0224, dated June 23, 2011.
    (3) This paragraph provides credit for the actions required by 
paragraph (i) of this AD, if the actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 767-
49A0035, Revision 1, dated December 11, 2003.
    (4) This paragraph provides credit for the actions required by 
paragraph (j) of this AD, if the actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 767-
51A0027, dated December 9, 2004; or Boeing Alert Service Bulletin 
767-51A0028, dated December 9, 2004.

(n) 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 the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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.

(o) Related Information

    (1) For more information about this AD, contact Kelly McGuckin, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: (425) 917-6490; fax: (425) 917-6590; email: 
Kelly.McGuckin@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington. For information on the 
availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19532 Filed 8-8-12; 8:45 am]
BILLING CODE 4910-13-P


