[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12670-12674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5670]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-001-AD;
Amendment 39-16241; AD 2010-06-16]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 767 series airplanes. This AD requires inspections for scribe
lines in the fuselage skin at skin lap joints, the skin at certain
external approved repairs, the skin around external features such as
antennas, and the skin at decals; and related investigative and
corrective actions if necessary. This AD results from reports of scribe
lines found at skin lap joints and butt joints, around external repairs
and antennas, and at locations where external decals had been cut. We
are issuing this AD to detect and correct scribe lines, which can
develop into fatigue cracks in the skin and cause sudden decompression
of the airplane.
DATES: This AD is effective April 21, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 21,
2010.
ADDRESSES: 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; e-mail [email protected];
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 AD, the regulatory evaluation,
any comments received, and
[[Page 12671]]
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: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6577; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 767 airplanes. That NPRM was published in the
Federal Register on July 16, 2009 (74 FR 34513). That NPRM proposed to
require inspections for scribe lines in the fuselage skin at skin lap
joints, the skin at certain external approved repairs, the skin around
external features such as antennas, and the skin at decals; and related
investigative and corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.
Support for the NPRM
The Air Transport Association of America (ATA) agrees with the
intent of the NPRM.
Request To Remove Requirements for Inspections for Partially Repainted
Airplanes
The ATA, on behalf of its member American Airlines (AA), requests
that we revise the NPRM to state that the inspections done in
accordance with Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, are necessary only in areas that have been
previously stripped or repainted.
We agree that clarification is necessary. Note 1 of paragraph (g)
of this AD, as well as the notes in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April 9,
2009, state the exceptions to the inspection. Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, states that
these inspections are not necessary in areas that have not been
stripped or repainted. We have not changed the AD in this regard.
Request To Remove Reference to Butt Joints From Paragraph (g) of the
NPRM
The ATA, on behalf of its member United Airlines (UAL), and Boeing
and Japan Airlines (JAL) request that we remove the term ``butt
joints'' from the requirements of paragraph (g) of the NPRM. Boeing and
JAL point out that Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009, does not specify any inspections for scribe
lines at butt joints.
We agree to remove the reference to ``butt joints'' from paragraph
(g) in this final rule. While Boeing Alert Service Bulletin 767-
53A0193, Revision 1, dated April 9, 2009, does state that some scribe
lines were found at butt joint areas of the skin, it does not
specifically address scribe lines found at butt joints for Model 767
airplanes. We have removed the term ``butt joints'' from paragraph (g)
of the final rule.
Request To Remove Requirement for Inspections Where Decals Have Been
Installed
JAL requests that we remove the requirement for inspections where
decals have been installed if procedures were used to ensure that the
skin was not damaged. JAL states that it protects the skin before
installing decals and inspects the skin to confirm that the area is
free of damage after installing decals.
We partially agree. Using tools that do not scribe the skin should
be given consideration. However, we disagree that it is necessary to
remove the requirement for inspections of any location where decals
have been installed. Notes (b) and (d) in Table 1 in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009, state the locations that are exempt from the
inspections. Under the provisions of paragraph (l) of the final rule,
we will consider requests for approval of an alternative method of
compliance if data are submitted to substantiate that such request
would provide an acceptable level of safety. We have not changed the AD
regarding this issue.
Request To Revise Reporting Requirement
All Nippon Airways (ANA), JAL, Boeing, and ATA, on behalf of its
member Delta, request that we require reporting for crack findings only
rather than require reporting positive and negative findings. ANA
requests that we limit reporting to positive findings of cracks equal
to or greater than 0.006 inch deep. Delta requests that reporting be
mandated only for positive findings (specifically findings over 0.001
inch deep), and requests that we extend the window for reporting from
30 to 180 days. Delta states that a longer time period will allow
findings to be batched together for a grouped report and preclude undue
compliance issues related to late reporting. The commenters state that
to require reporting for all findings, both for positive and negative
findings, is burdensome and unnecessary.
We agree to revise the reporting requirement to require reporting
only for positive findings. Since Boeing Alert Service Bulletin 767-
53A0193, Revision 1, dated April 9, 2009, specifies that only a repair
plan be reported to Boeing, we have revised paragraph (j) of the final
rule to require reporting only for scribe lines deeper than 0.001 inch
along with a respective repair plan. While airplanes with scribe lines
greater than 0.001 inch deep and less than 0.006 inch deep may be
eligible for the limited return to service (LRTS) program depending on
location, airplanes with scribe lines greater than 0.006 inch in any
location are not eligible for the LRTS program.
We disagree with Delta's request to extend the window for reporting
from 30 to 180 days. We find that 30 days after a completed inspection
is an appropriate amount of time to submit reporting requirements.
Request To Remove Inspection Requirement for Areas Without External
Features
JAL requests that we remove the inspection requirement for areas
without external features. JAL notes that Boeing Alert Service Bulletin
767-53A0193, Revision 1, dated April 9, 2009, requires inspections for
scribe lines where external features are installed. JAL states that it
has airplane configurations with antennas that were not installed. JAL
requests that we add ``if an antenna is not located in the position
described in the identification, no inspection for the skin at that
location is required,'' to the AD.
We partially agree with the commenter. Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, does not provide
instructions to address such anomalies in those areas. However, we
disagree that adding an exception to the AD is necessary because these
anomalies do not affect the majority of the fleet. JAL may address this
situation by requesting approval of an alternative method of compliance
(AMOC) according to the procedures in paragraph (l) of this AD.
[[Page 12672]]
We have not changed the AD in this regard.
Request To Change ``Exploratory Detailed Inspection'' to ``Detailed
Inspection''
JAL requests that we change the term ``exploratory detailed
inspection'' to ``detailed inspection'' because Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, does not define
``exploratory detailed inspection.''
We agree to change the term for the reason provided by the
commenter. We have revised paragraph (g) of the AD to reflect this
change.
Request To Remove Requirement to Return Airplanes To a ``Serviceable
Condition''
The ATA, on behalf of its member AA, requests that we remove the
requirement to return airplanes to a ``serviceable condition.'' AA
notes that Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated
April 9, 2009, states ``put the airplane back into a serviceable
condition'' multiple times. AA requests that we revise the AD to
exclude this requirement because it does not address the unsafe
condition. Furthermore, AA states that most operators will accomplish
these inspections as part of a heavy maintenance visit, so returning
the airplane to a serviceable condition will occur well after the
inspections are complete.
We partially agree with the commenter's request. The airplanes may
not be in a ``serviceable'' condition immediately after addressing the
scribe line issue. However, we disagree that revising the AD is
necessary because the statement is designed to ensure that the airplane
is airworthy after all the required tasks have been completed and
before the next flight of the airplane. We have not revised the AD in
regard to this issue.
Request To Include Alternate Measurement Tools
The ATA, on behalf of its member AA, requests that we include
alternate measurement tools. AA notes that paragraph 2.F., ``Special
Tooling,'' of Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, lists several different optical micrometers and
laser measurement devices. AA requests that we revise the AD to include
provisions for using alternative equivalent measurement tools rather
than allowing only the specific models listed.
We disagree with the commenter's request to revise the AD to
include alternative measurement tools. Boeing Alert Service Bulletin
767-53A0193, Revision 1, dated April 9, 2009, specifies that no special
tooling is necessary to accomplish the specified actions, and it lists
standard tools that may be needed to measure scribe line depth. We have
not changed the AD in this regard.
Request To Change Compliance Time in the Service Bulletin
ANA requests that we change the requirement ``after the original
issue date of the service bulletin'' as it is written in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, to ``after the effective date of the
AD.''
We agree with the commenter that the effective date of the AD
should be the date used to determine compliance. Paragraph (h) of this
final rule states that where Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, specifies a compliance time after the
date on that service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD. We have
not changed the AD in this regard.
Explanation of Change Made to This AD
Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces their previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (l)(3) of this AD to delegate the authority to
approve an alternative method of compliance for any repair required by
this AD to the Boeing Commercial Airplanes ODA.
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 changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 367 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.
Table--Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts product registered Fleet cost
per hour airplanes
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Inspections.................................. 340 $80 None............................ $27,200 367 $9,982,400
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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
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:
[[Page 12673]]
(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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends Sec. 39.13 by adding the following new AD:
2010-06-16 The Boeing Company: Amendment 39-16241. Docket No. FAA-
2009-0642; Directorate Identifier 2009-NM-001-AD.
Effective Date
(a) This airworthiness directive (AD) is effective April 21,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reports of scribe lines found at skin
lap joints, butt joints, around external repairs and antennas, and
at locations where external decals had been cut. We are issuing this
AD to detect and correct scribe lines, which can develop into
fatigue cracks in the skin and cause sudden decompression of the
airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(g) At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, except as provided in paragraph (h)
of this AD, do detailed inspections for scribe lines of skin lap
joints around external repairs and antennas, and at locations where
external decals might have been cut. Do all applicable related
investigative and corrective actions at the times specified in
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April
9, 2009, by accomplishing all actions specified in the
Accomplishment Instructions of that service bulletin, except as
provided by paragraph (i) of this AD.
Note 1: The inspection exemptions noted in paragraph 1.E. of
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April
9, 2009, apply to this AD.
Exceptions to Service Bulletin Specifications
(h) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies a compliance time after ``the
original issue date on this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
(i) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.
Report
(j) At the applicable time specified in paragraph (j)(1) or
(j)(2) of this AD: Submit a report of positive findings of scribe
lines deeper than 0.001 inch along with a repair plan found during
the inspections required by paragraph (g) of this AD. Operators may
use the reporting form contained in Appendixes B and C, as
applicable, of Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009. Send the report to Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. The report
must contain, at a minimum, the inspection results, a description of
any discrepancies found, the airplane serial number, and the number
of flight cycles and flight hours on the airplane. Under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
the Office of Management and Budget (OMB) has approved the
information collection requirements contained in this AD and has
assigned OMB Control Number 2120-0056.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
Credit for Actions Accomplished Previously
(k) Actions accomplished previously in accordance with Boeing
Alert Service Bulletin 767-53A0193, dated November 25, 2008, are
considered acceptable for compliance with the applicable actions
specified in this AD.
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
using the procedures found in 14 CFR 39.19. Send information to
Attn: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone (425) 917-6577; fax (425)
917-6590. Or, e-mail information to [email protected].
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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.
Material Incorporated by Reference
(m) You must use Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(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; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[[Page 12674]]
Issued in Renton, Washington, on March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5670 Filed 3-16-10; 8:45 am]
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