AD 2014-09-10

This AD is effective June 18, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 18, 2014.

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6577; fax: 425-917-6590; email: Berhane.Alazar@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 767 airplanes. The NPRM published in the Federal Register on November 7, 2013 (78 FR 66859). The NPRM was prompted by reports of bearing damage at certain TE flap support rib assemblies. The NPRM proposed to require inspecting certain TE flap support rib assemblies to determine if the bearings have a roller retention feature, and performing corrective actions if necessary; and inspecting for bearing damage of each pair of removed bearings, and performing related investigative and corrective actions if necessary. We are issuing this AD to detect and correct damage to the TE flap support bearings, which can result in damage to the TE rotary actuators and consequent dual flap drive system disconnect in both TE flap rotary actuators, and a possible flap aerodynamic blowback with loss of controllability of the airplane.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (78 FR 66859, November 7, 2013) and the FAA's response to each comment.

Boeing stated that it concurs with the contents of the NPRM (78 FR 66859, November 7, 2013).

United Airlines stated that it has reviewed the NPRM (78 FR 66859, November 7, 2013), and has no comment to submit.

Aviation Partners Boeing (APB) stated that the installation of winglets per APB Supplemental Type Certificate (STC) ST01920SE ( http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect the accomplishment of the manufacturer's service instructions.

We agree with APB's statement that the installation of winglets as specified in APB STC ST01219SE ( http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect accomplishment of the requirements of this AD. Therefore, for airplanes on which APB STC ST01920SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of section 39.17 of the Federal Aviation Regulations (14 CFR 39.17). We have redesignated paragraph (c) as paragraph (c)(1) of this final rule, and added paragraph (c)(2) to this final rule to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this final rule.

ANA requested that we clarify whether the re-identification of the trailing edge flap support, as described in Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013, for Groups 1 and 3, Configuration 1, airplanes, would be required by the NPRM (78 FR 66859, November 7, 2013).

We agree to clarify. This final rule does require part re-identification for Groups 1 and 3, Configuration 1 airplanes, as identified in Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0227, dated February 12, 2013. This part re-identification is for parts configuration control purposes. We have not changed this final rule in this regard.

All Nippon Airways (ANA) requested that we provide credit for the actions specified in paragraphs (g) and (h) of the NPRM (78 FR 66859, November 7, 2013), if, before the effective date of the AD, airplane records were used to verify and determine that the bearings have a roller retention feature installed using Boeing Alert Service Bulletin 767-27A0222, dated June 24, 2010.

We partially agree with the commenter's request. Verifying through airplane records and determining that the bearings have a roller retention feature meets the intent of this final rule. Therefore, we have revised paragraph (g) of this final rule to allow for a review of airplane maintenance records in lieu of the roller retention feature inspection if it can be conclusively determined from that review that each affected bearing has a roller retention feature.

However, paragraph (j) of this final rule already provides credit for the actions specified in paragraphs (g) and (h) of this final rule, if those actions were performed before the effective date of this final rule using Boeing Alert Service Bulletin 767-27A0222, dated June 24, 2010. Therefore, no further change to this final rule is necessary in this regard.

We have revised the heading for paragraph (j) of this final rule.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described and minor editorial changes. We have determined that these minor changes:

• Αre consistent with the intent that was proposed in the NPRM (78 FR 66859, November 7, 2013) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (78 FR 66859, November 7, 2013).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

We estimate that this AD affects 45 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

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

According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

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.

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

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

(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

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

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

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