[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Proposed Rules]
[Pages 6154-6157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2685]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0033; Directorate Identifier 2009-NM-099-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company 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 supersede an existing airworthiness 
directive (AD) that applies to all Model 767 airplanes. The existing AD 
currently requires repetitive detailed and high frequency eddy current 
(HFEC) inspections of the station (STA) 1809.5 bulkhead for cracking, 
and corrective actions if necessary. This proposed AD would expand the 
inspection area to include the vertical inner chord at STA 1809.5. This 
proposed AD results from reported fatigue cracking in the vertical 
inner chord and the forward outer chord while doing the detailed 
inspection of the horizontal inner chord at STA 1809.5. We are 
proposing this AD to detect and correct fatigue cracking in the 
bulkhead structure at STA 1809.5 and the vertical inner chord at STA 
1809.5, which could result in failure of the bulkhead structure for 
carrying the flight loads of the horizontal stabilizer, and consequent 
loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by March 25, 2010.

ADDRESSES: You may send comments 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; 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 or 
425-227-1152.

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 (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, 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.

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-2010-0033; 
Directorate Identifier 2009-NM-099-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

    On November 9, 2006, we issued AD 2006-24-04, Amendment 39-14833 
(71 FR 68432, November 27, 2006), for all Model 767 airplanes. That AD 
requires repetitive detailed and high frequency eddy current (HFEC) 
inspections of the station (STA) 1809.5 bulkhead for cracking, and 
corrective actions if necessary. That AD resulted from fatigue cracks 
found in the forward outer chord and horizontal inner chord at STA 
1809.5. We issued that AD to detect and correct cracking in the 
bulkhead structure at STA 1809.5, which could result in failure of the 
bulkhead structure for carrying the flight loads of the horizontal 
stabilizer, and consequent loss of controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-24-04, an operator reported fatigue 
cracking in the vertical inner chord found while doing the detailed 
inspection of the horizontal inner chord required by that AD. A surface 
HFEC inspection was done to confirm the crack. The crack was found on 
the right side of the structure at a fastener hole near buttock line 
(BL) 28.5, water line (WL) 257, common to both the horizontal and 
vertical inner chord. The vertical inner chord crack was found on an 
airplane with 28,234 total flight cycles.

Relevant Service Information

    AD 2006-24-04 refers to Boeing Alert Service Bulletin 767-53A0131, 
dated March 30, 2006, as the appropriate source of service information 
for the required actions. We have reviewed Boeing Alert Service 
Bulletin 767-53A0131, Revision 1, dated March 12, 2009. Revision 1 adds 
a surface HFEC inspection for the vertical inner chord, and clarifies 
the procedures for inspecting the horizontal inner chord. The service 
bulletin specifies a compliance time of before 15,000 total flight 
cycles or within 6,000 flight cycles after the previous PARTS 1-4 
inspection, whichever occurs first, for the surface HFEC inspection for 
the vertical inner chord. The service bulletin also specifies a repeat 
interval 6,000 flight cycles thereafter for the surface HFEC inspection 
for the vertical inner chord.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2006-

[[Page 6155]]

24-04 and retain the requirements of the existing AD. This proposed AD 
would also require accomplishing the new actions specified in the 
revised service bulletin described previously.

Change to Paragraph (i) of the Existing AD

    We have revised paragraph (i) of the existing AD to clarify that 
the modification of a forward outer chord may be done in accordance 
with Steps 4.A through 4.C and 4.G through 4.P of Repair 9, dated April 
15, 2006, of Chapter 53-80-08 of the Boeing 767-200 Structural Repair 
Manual (SRM), Document D634T201; Boeing 767-300 SRM, Document D634T210; 
Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document 
D634T225; as applicable. For a horizontal inner chord, modification may 
be done in accordance with Steps 4.A, 4.B, and 4.F through 4.P of 
Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-
200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210; 
Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document 
D634T225; as applicable.

Change to Paragraph (j)(3) of the Existing 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 (j)(3) of the existing AD (paragraph (n)(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.

Costs of Compliance

    There are about 975 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                    Number of
                                           Work      Average                                                          U.S.-
                Action                    hours     labor rate           Parts               Cost per airplane      registered         Fleet cost
                                                     per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Repetitive inspections of STA 1805.5           12          $80  None...................  $960 per inspection               354  $339,840 per inspection
 (required by AD 2006-24-04).                                                             cycle.                                 cycle.
Inspection of inner chord (new                  2          $80  None...................  $160 per inspection               354  $56,640 per inspection
 proposed action).                                                                        cycle.                                 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, 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 removing Amendment 39-14833 (71 FR 
68432, November 27, 2006) and adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0033; Directorate Identifier 
2009-NM-099-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 25, 
2010.

Affected ADs

    (b) This AD supersedes AD 2006-24-04, Amendment 39-14833.

Applicability

    (c) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from reported fatigue cracking in the 
vertical inner chord while doing a detailed inspection of the 
horizontal inner chord. The Federal Aviation Administration is 
issuing this AD to detect and correct fatigue cracking in the 
bulkhead structure at station (STA) 1809.5 and the vertical inner 
chord at STA 1809.5, which could result in failure of the bulkhead 
structure for carrying the flight loads of the horizontal 
stabilizer, and consequent loss of controllability of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within

[[Page 6156]]

the compliance times specified, unless the actions have already been 
done.

Restatement of Requirements of AD 2006-24-04, With New Service 
Information

Repetitive Inspections and Corrective Actions

    (g) Before the accumulation of 15,000 total flight cycles, or 
within 3,000 flight cycles after January 2, 2007 (the effective date 
of AD 2006-24-04), whichever is later: Do the detailed and high 
frequency eddy current (HFEC) inspections for cracking as specified 
in Parts 1, 2, 3, and 4 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0131, dated March 30, 2006; or 
Revision 1, dated March 12, 2009; and do all corrective actions 
before further flight; by accomplishing all the actions specified in 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-53A0131, dated March 30, 2006; or Boeing Alert Service Bulletin 
767-53A0131, Revision 1, dated March 12, 2009; except as provided by 
paragraph (h) of this AD. After the effective date of this AD, use 
only Revision 1, dated March 12, 2009, of Boeing Alert Service 
Bulletin 767-53A0131. Repeat the inspections thereafter at intervals 
not to exceed 6,000 flight cycles. Accomplishing the corrective 
action for the inspections specified in Part 1, 2, 3, or 4, as 
applicable, of Boeing Alert Service Bulletin 767-53A0131, dated 
March 30, 2006; or Revision 1, dated March 12, 2009; as applicable; 
terminates the repetitive inspections for that area only.

Exceptions to Service Bulletin

    (h) If any cracking is found in the skin or in any structure 
other than the forward outer chord or horizontal inner chord during 
any inspection required by paragraph (g) or (k) of this AD, and 
Boeing Service Bulletin 767-53A0131, dated March 30, 2006; or Boeing 
Alert Service Bulletin 767-53A0131, Revision 1, dated March 12, 
2009; 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 (n) of this 
AD.

Optional Terminating Action for the Repetitive Inspections Required by 
Paragraph (g) of this AD

    (i) If no cracking is found during the most recent detailed and 
HFEC inspections for a specified area as required by paragraph (g) 
of this AD: Modification of a specified area in accordance with a 
method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, terminates the repetitive inspections required by 
paragraph (g) of this AD for that area only. Modification of a 
forward outer chord in accordance with Steps 4.A through 4.C and 4.G 
through 4.P of Repair 9, dated April 15, 2006, of Chapter 53-80-08 
of the Boeing 767-200 Structural Repair Manual (SRM), Document 
D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F 
SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as 
applicable; also terminates the repetitive inspections required by 
paragraph (g) of this AD for that area. Modification of a horizontal 
inner chord in accordance with Steps 4.A, 4.B, and 4.F through 4.P 
of Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the 
Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document 
D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 
SRM, Document D634T225; as applicable; also terminates the 
repetitive inspections required by paragraph (g) of this AD for that 
area.

Credit for Previously Accomplished Repairs

    (j) Repair of a forward outer chord done before January 2, 2007, 
in accordance with Repair 9, dated April 15, 2006, of Chapter 53-80-
08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, 
Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 
767-400 SRM, Document D634T225; as applicable; is acceptable for 
compliance with the requirements of paragraph (g) of this AD for 
that area only. Repair of a horizontal inner chord before January 2, 
2007, in accordance with Repair 10, dated April 15, 2006, of Chapter 
53-80-08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-
300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; 
or Boeing 767-400 SRM, Document D634T225; as applicable; is 
acceptable for compliance with the requirements of paragraph (g) of 
this AD for that area only.


New Requirements of This AD

Inspections

    (k) At the later of the times specified in paragraphs (k)(1) and 
(k)(2) of this AD, except as specified in paragraph (l) of this AD: 
Do the detailed and HFEC inspections for cracking as specified in 
Parts 5 and 6 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009; and 
do all applicable corrective actions by accomplishing all the 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009; 
except as provided by paragraph (h) of this AD. Do all applicable 
corrective actions before further flight. Repeat the inspections 
thereafter at intervals not to exceed 6,000 flight cycles. 
Accomplishing the corrective action for the inspections specified in 
Part 5 or 6 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009, as 
applicable, terminates the repetitive inspections for that area 
only.
    (1) 15,000 total flight cycles or 6,000 flight cycles after the 
inspection required by paragraph (g) of this AD, whichever occurs 
first.
    (2) 30 days after the effective date of this AD.

Exceptions to the Service Bulletin

    (l) Where Boeing Alert Service Bulletin 767-53A0131, Revision 1, 
dated March 12, 2009, specifies a compliance time ``after the date 
on the original issue of the service bulletin'' or ``after the date 
on Revision 01 of the service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

Optional Terminating Action for the Repetitive Inspections Required by 
Paragraph (k) of This AD

    (m) If no cracking is found during the most recent detailed and 
HFEC inspections for a specified area as required by paragraph (k) 
of this AD: Modification of a specified area in accordance with a 
method approved by the Manager, Seattle ACO, FAA, terminates the 
repetitive inspections required by paragraph (k) of this AD for that 
area only.

    Note 1: Guidance on modifying a vertical inner chord can be 
found in the service information identified in Table 1 of this AD.


                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
                 Steps--                                   Dated--                              Of--
----------------------------------------------------------------------------------------------------------------
4.A through 4.C and 4.G through 4.Q of     August 15, 2008........................  Chapter 53[dash]80-08 of the
 Repair 11.                                                                          Boeing 767-200 SRM,
                                                                                     Document D634T201.
4.A through 4.C and 4.G through 4.Q of     August 15, 2008........................  Chapter 53[dash]80-08 of the
 Repair 11.                                                                          Boeing 767-300 SRM,
                                                                                     Document D634T210.
4.A through 4.C and 4.G through 4.Q of     August 15, 2008........................  Chapter 53[dash]80-08 of the
 Repair 11.                                                                          Boeing 767-300F SRM,
                                                                                     Document D634T215.
4.A through 4.C and 4.G through 4.Q of     August 15, 2008........................  Chapter 53[dash]80-08 of the
 Repair 11.                                                                          Boeing 767-400 SRM,
                                                                                     Document D634T225.
----------------------------------------------------------------------------------------------------------------


[[Page 6157]]

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Seattle 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, 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.
    (4) AMOCs approved previously in accordance with AD 2006-24-04 
are approved as AMOCs for the corresponding provisions of this AD.

    Issued in Renton, Washington, on January 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-2685 Filed 2-5-10; 8:45 am]
BILLING CODE 4910-13-P