[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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4910-13-P