[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Proposed Rules]
[Pages 40948-40951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11413]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25390; Directorate Identifier 2005-NM-224-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767 airplanes. This proposed AD would require 
repetitive inspections for cracking of the wing skin, and related 
investigative/corrective actions if necessary. This proposed AD results 
from reports of cracks found in the lower wing skin originating at the 
forward tension bolt holes of the aft pitch load fitting. We are 
proposing this AD to detect and correct such cracking in the lower wing 
skin for the forward tension bolt holes at the aft pitch load fitting, 
which could result in a fuel leak and reduced structural integrity of 
the airplane.

DATES: We must receive comments on this proposed AD by September 5, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for the service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Steven C. Fox, Senior Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6425; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25390; Directorate Identifier 2005-NM-224-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act

[[Page 40949]]

Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78), or you may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    We have received reports indicating that cracks have been found in 
the lower wing skin, originating at the forward tension bolt holes of 
the aft pitch load fitting, on several Boeing Model 767-200 series 
airplanes. The cracks varied in length from 0.04 to 0.63 inch, though 
none extended through the thickness of the wing skin. Crack initiation 
has been attributed to skin stresses due to wing bending combined with 
the high bolt clamp-up load. Cracking at the forward tension bolt 
holes, common to the aft pitch fitting and backup fitting, is caused by 
fatigue. Cracking in the lower wing skin for the forward tension bolt 
holes at the aft pitch load fitting, if not detected and corrected, 
could result in a fuel leak and reduced structural integrity of the 
airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin (ASB) 767-57A0097, 
dated September 29, 2005. The ASB describes procedures for the 
following:
     Doing external high frequency eddy current (HFEC) or dye 
penetrant inspections for cracking of the left and right wing surfaces 
at the aft pitch load fitting, and doing any corrective action as 
necessary. The corrective action includes reworking the wing surface to 
remove all indication of cracking in accordance with Part 2 of the 
Accomplishment Instructions. The service bulletin advises that, if any 
indication of cracking cannot be completely removed, the corrective 
action is repairing the cracking with a freeze plug in accordance with 
Part 3 of the Accomplishment Instructions. If the repair cannot be 
accomplished within the limits specified in Part 3, the service 
bulletin advises that the corrective action is to contact the 
manufacturer for repair instructions.
     Doing an open hole HFEC inspection for cracking and rework 
(including installing new tension bolts) of the forward tension bolt 
holes at the aft pitch load fitting, and doing any corrective action as 
necessary. The corrective action includes oversizing the fastener hole 
within certain limits. If cracking is outside the limits specified in 
Part 2 of the Accomplishment Instructions, the service bulletin advises 
to repair the cracking in accordance with Part 3 of the accomplishment 
instructions. If repair is necessary outside the limits specified in 
Part 3, the service bulletin advises that the corrective action is to 
contact the manufacturer.
     Doing an internal HFEC inspection and external HFEC 
inspections of the left and right wing surfaces for any cracking; and 
doing any corrective action as necessary, which includes reworking the 
wing surface to remove all indication of cracking in accordance with 
Part 2 of the Accomplishment Instructions. If any indication of 
cracking cannot be completely removed, the service bulletin advises 
that the corrective action is repairing the cracking with a freeze plug 
in accordance with Part 3 of the Accomplishment Instructions. If the 
repair cannot be accomplished within the limits specified in Part 3 of 
the Accomplishment Instructions, the corrective action is to contact 
the manufacturer for repair instructions.
    The ASB also specifies certain actions and compliance times for 
airplanes on which the actions described in the following Boeing 
Service Bulletins have been accomplished: 767-54-0080, 767-54-0081, or 
767-54-0082.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

Related ADs

    We have previously issued the following two ADs that require 
modifying the nacelle strut and wing structure: AD 2000-19-09, 
amendment 39-11910 (65 FR 58641, October 2, 2000); and AD 2004-16-12, 
amendment 39-13768 (69 FR 51002, August 17, 2004). Those two ADs 
reference, as applicable, Boeing Service Bulletins 767-54-0080, 
Revision 1, dated May 9, 2002; 767-54-0081, dated July 29, 1999; and 
767-54-0082, dated October 28, 1999, as appropriate sources of service 
information.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the Proposed AD and the ASB.''

Differences Between the Proposed AD and the ASB

    The ASB specifies 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:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.
    Additionally, the ASB is not clear regarding what repair actions 
should be taken if cracking is found during an inspection accomplished 
in accordance with Part 1 of the ASB. We have determined that 
inspections accomplished in accordance with Part 1 of the ASB are 
intended to find a crack that is long enough to go beyond the edge of 
the fitting. Since rework specified in Part 2 of the ASB consists of a 
small oversize of the holes, any cracking found during the Part 1 
inspection would be outside the limits of the repairs in Part 2 of the 
ASB. This proposed AD would require that any cracking found outside the 
limits of Part 1 of the ASB be repaired in accordance with freeze plug 
repair specified in Part 3 of the ASB. Any cracking found outside the 
limits of Part 3 of the ASB must be repaired in accordance with a 
method approved by the Manager of the Seattle ACO. Boeing has agreed 
with this clarification.
    Operators should also note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
submitting a report of damage found, this proposed AD would not require 
that action.

Costs of Compliance

    There are about 918 airplanes of the affected design in the 
worldwide fleet, and about 387 airplanes on the U.S. Registry. The 
following table provides the estimated costs, at an average labor rate 
of $80 per hour, for U.S. operators to comply with this proposed AD.

[[Page 40950]]



                                                 Estimated Costs
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                                      Work
               Action                 hours          Parts            Cost per airplane          Fleet cost
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Inspection, per inspection cycle          8  None.................  $640.................  $247,680.
 (Part 1).
Inspection, rework, and bolt              8  Between $303 and       Between $943 and       Between $364,941, and
 installation (Part 2).                       $12,716.               $13,356.               $5,168,772.
Repetitive Inspections for certain        4  None.................  $320, per inspection   $123,840, per
 airplanes (Part 4).                                                 cycle.                 inspection cycle.
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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

    We have 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.
    For the reasons discussed above, I certify that the 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); 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 proposed 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2006-25390; Directorate Identifier 2005-NM-
224-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
5, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Alert Service Bulletin 767-57A0097, dated September 29, 
2005.

Unsafe Condition

    (d) This AD results from reports of cracks found in the lower 
wing skin originating at the forward tension bolt holes of the aft 
pitch load fitting. We are issuing this AD to detect and correct 
such cracking in the lower wing skin for the forward tension bolt 
holes at the aft pitch load fitting, which could result in a fuel 
leak and reduced structural integrity 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.

External Inspections of the Wing Skin

    (f) For airplanes specified as Group 1, Configuration 1, 2, 3, 
or 6; Group 2, Configuration 1, 2, 3, or 6; and Group 3, 
Configuration 1 or 3, as specified in Boeing Alert Service Bulletin 
(ASB) 767-57A0097, dated September 29, 2005: Prior to the 
accumulation of 10,000 total flight cycles, or within 3,000 flight 
cycles after the effective date of this AD, whichever occurs later, 
perform the detailed inspection and the external high frequency eddy 
current (HFEC) or dye penetrant inspections for cracking as 
specified in Part 1 of the Accomplishment Instructions of the ASB. 
Repeat at intervals not to exceed 3,000 flight cycles until the 
requirements of paragraph (g) or (i) of this AD are accomplished.

Internal Inspections of the Wing Skin

    (g) For airplanes specified in paragraphs (g)(1) and (g)(2) of 
this AD: Perform the bolt open-hole inspections for cracking in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
ASB 767-57A0097, dated September 29, 2005, at the times specified in 
paragraphs (g)(1) or (g)(2) of this AD, as applicable, until the 
requirements of paragraphs (h) or (i) of this AD are accomplished.
    (1) For airplanes on which the actions specified in Boeing SB 
767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, dated July 
29, 1999; or 767-54-0082, dated October 28, 1999, have been 
accomplished prior to the effective date of this AD: Within 16,500 
flight cycles after accomplishment of Boeing SB 767-54-0080, 767-54-
0081, or 767-54-0082, or within 3,000 flight cycles after the 
effective date of this AD, whichever occurs later. Repeat the 
inspections at intervals not to exceed 16,500 flight cycles.
    (2) For airplanes on which the actions specified in Boeing 
Service Bulletin 767-54-0080, Revision 1, dated May 9, 2002; 767-54-
0081, dated July 29, 1999; and 767-54-0082, dated October 28, 1999, 
have not been accomplished as of the effective date of this AD: 
Before the accumulation of 20,000 total flight cycles, or within 72 
months after the effective date of this AD, whichever occurs later. 
Repeat the inspections at intervals not to exceed 16,500 flight 
cycles.

Acceptable Method of Compliance with Paragraph (g) of this AD

    (h) For all airplanes, regardless of whether Boeing Service 
Bulletins 767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, 
dated July 29, 1999; or 767-54-0082, dated October 28, 1999, have 
been accomplished: Accomplishing the inspections specified in Part 1 
of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated 
September 29, 2005, within 3,000 flight cycles after the 
accomplishment of the most recent inspection done in accordance with 
paragraph (g) of this AD (Part 2 of the

[[Page 40951]]

Accomplishment Instructions of the ASB), and repeating the Part 1 
inspections at intervals not to exceed 3,000 flight cycles is an 
acceptable method of compliance with the repetitive inspection 
requirements of paragraph (g) of this AD.

Repair of Cracking

    (i) If cracking is found during any inspection required by 
paragraph (f), (g), or (h) of this AD: Before further flight, 
accomplish the freeze plug repair in accordance with Part 3 of 
Boeing ASB 767-57A0097, dated September 29, 2005. If any cracking is 
outside the limits specified in Part 3 of the ASB, before further 
flight, repair in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO). For airplanes on which 
the repair specified in paragraph (i) of this AD has been 
accomplished on only one wing, continue the inspections specified by 
paragraphs (f) and (g) of this AD on the wing on which the repair 
has not been accomplished, until the freeze plug repair specified in 
paragraph (i) of this AD has been accomplished on both wings.

Repetitive Inspections Required After Accomplishing Paragraph (i) of 
this AD

    (j) After accomplishment of the requirements of paragraph (i) of 
this AD, perform the repetitive inspections specified in paragraphs 
(j)(1) and (j)(2) of this AD at the times specified.
    (1) Prior to the accumulation of 37,500 total flight cycles, or 
within 18 months after accomplishment of the freeze plug repair 
specified in Part 3 of the Accomplishment Instructions of Boeing ASB 
767-57A0097, dated September 29, 2005, whichever occurs later: 
Accomplish the external inspections specified in Part 1 of the 
Accomplishment Instructions of Boeing ASB 767-57A0097, dated 
September 29, 2005. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair in 
accordance with a method approved by the Manager, Seattle ACO. 
Thereafter, repeat the external inspections at intervals not to 
exceed 3,000 flight cycles.
    (2) Prior to the accumulation of 37,500 total flight cycles, or 
within 72 months after accomplishment of the freeze plug repair 
specified Part 3 of the Accomplishment Instructions of Boeing ASB 
767-57A0097, dated September 29, 2005, whichever occurs later: 
Perform an internal HFEC for cracking, in accordance with Part 4 of 
the Accomplishment Instructions of Boeing ASB 767-57A0097, dated 
September 29, 2005. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair in 
accordance with a method approved by the Manager, Seattle ACO. 
Repeat the inspections at intervals not to exceed 12,000 flight 
cycles.

Repair of Certain Cracking

    (k) If any cracking is found during any inspection required by 
this AD, and the bulletin specifies to contact Boeing for 
appropriate action: Before further flight, repair the cracking using 
a method approved in accordance with the procedures specified in 
paragraph (m) of this AD.

No Reporting Requirement

    (l) Although Boeing Alert Service Bulletin 767-57A0097, dated 
September 29, 2005, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
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 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.

    Issued in Renton, Washington, on July 7, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-11413 Filed 7-18-06; 8:45 am]
BILLING CODE 4910-13-P