[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Proposed Rules]
[Pages 15357-15360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6851]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0277; Directorate Identifier 2009-NM-217-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 767 airplanes. This proposed AD would require repetitive 
inspections to detect fatigue cracking in the upper wing skin at the 
fastener holes common to the inboard and outboard front spar pitch load 
fittings, and corrective actions if necessary. This proposed AD results 
from reports of cracking in the upper wing skin at the fastener holes 
common to the inboard and outboard front spar pitch load fittings. We 
are proposing this AD to detect and correct fatigue cracking in the 
upper wing skin at the fastener holes common to the

[[Page 15358]]

inboard and outboard front spar pitch load fittings, which could result 
in the loss of the strut-to-wing upper link load path and possible 
separation of a strut and engine from the airplane during flight.

DATES: We must receive comments on this proposed AD by May 13, 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.

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, 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:

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-2010-0277; 
Directorate Identifier 2009-NM-217-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

    Multiple operators have reported a total of 36 cracks in the upper 
wing skin at the fastener holes common to the inboard and outboard 
front spar pitch load fittings. The airplanes had accumulated between 
11,700 and 39,900 total flight cycles, and between 28,700 and 83,100 
total flight hours. The reported crack lengths were between 0.016 and 
0.140 inch. All cracks were found during accomplishment of the open 
hole high frequency eddy current (HFEC) inspections given in Boeing 
service bulletins related to strut improvement--Boeing Service Bulletin 
767-54-0080, dated October 7, 1999; Boeing Service Bulletin 767-54-
0080, Revision 1, dated May 9, 2002; Boeing Service Bulletin 767-54-
0081, dated July 29, 1999; Boeing Service Bulletin 767-54-0081, 
Revision 1, dated February 7, 2002; and Boeing Service Bulletin 767-54-
0082, dated October 28, 1999. Further Boeing analysis has determined 
the cracks to be a result of fatigue due to higher than predicted 
fastener load and skin stress peaking along the aft fastener row. This 
cracking, if not detected and corrected, could result in the loss of 
the strut-to-wing upper link load path and possible separation of a 
strut and engine from the airplane during flight.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 2009. This service bulletin describes procedures for 
repetitively inspecting the upper wing skin at the fastener holes 
common to the inboard and outboard front spar pitch load fittings for 
cracks and corrective actions. This service bulletin specifies to use 
detailed and ultrasonic inspection techniques to inspect the upper wing 
skin surface. For airplanes on which any cracking is found, the service 
bulletin also specifies the following corrective actions, as 
applicable: Removing cracks, installing and replacing new fasteners, 
repairing freeze plugs, and contacting Boeing for repair instructions 
and doing the repair.
    The compliance time for the initial upper wing skin surface 
detailed and ultrasonic inspections, or for the open hole HFEC 
inspection, depends upon the configuration of the airplane as defined 
in Boeing Alert Service Bulletin 767-57A0117, dated October 1, 2009, 
and whether the airplane has been modified according to certain service 
bulletins. That service bulletin specifies the compliance time for the 
initial upper wing skin surface detailed and ultrasonic inspections as 
follows:
     For Group 1, Configuration 1 airplanes: Before 18,000 
total flight cycles or 54,000 total flight hours (whichever occurs 
first).
     For Group 1, Configuration 2 airplanes: Within 11,000 
flight cycles or 33,000 flight hours after completing the actions 
specified in Service Bulletin 767-54-0080 (whichever occurs first).
     For Group 2, Configuration 1 airplanes: Before 12,000 
total flight cycles or 36,000 total flight hours (whichever occurs 
first).
     For Group 2, Configuration 2 airplanes: Before 12,000 
flight cycles or 36,000 flight hours after completing the actions 
specified in Boeing Service Bulletin 767-54-0080 (whichever occurs 
first).
     For Group 3 airplanes: Before 12,000 total flight cycles 
or 36,000 total flight hours (whichever occurs first).
     For Group 4, Configuration 1 airplanes: Before 25,000 
total flight cycles or 75,000 total flight hours (whichever occurs 
first).
     For Group 4, Configuration 2 airplanes: Within 17,000 
flight cycles or 51,000 flight hours after completing the actions 
specified in Boeing Service Bulletin 767-54-0081 (whichever occurs 
first).
     For Group 5, Configuration 1 airplanes: Before 18,000 
total flight cycles or 54,000 total flight hours (whichever occurs 
first).
     For Group 5, Configuration 2 airplanes: Within 15,000 
flight cycles or 45,000 flight hours after completing the actions 
specified in Boeing Service Bulletin 767-54-0081 (whichever occurs 
first).
     For Group 6 airplanes: Before 18,000 total flight cycles 
or 54,000 total flight hours (whichever occurs first).

[[Page 15359]]

     For Group 7 airplanes: Before 18,000 total flight cycles 
or 54,000 total flight hours (whichever occurs first).
     For Group 8, Configuration 1 airplanes: Before 12,000 
total flight cycles or 36,000 total flight hours (whichever occurs 
first).
     For Group 8, Configuration 2 airplanes: Within 9,000 
flight cycles or 27,000 flight hours after completing the actions 
specified in Boeing Service Bulletin 767-54-0082 (whichever occurs 
first).
     For Group 9 airplanes: Before 12,000 total flight cycles 
or 36,000 total flight hours (whichever occurs first).
     For all airplanes: The service bulletin specifies a grace 
period of within 4,000 flight cycles or 12,000 flight hours after the 
date on the service bulletin, (whichever occurs first).
    The service bulletin specifies repetitive intervals that range from 
4,000 flight cycles or 12,000 flight hours (whichever occurs first), to 
17,000 flight cycles or 51,000 flight hours (whichever occurs first), 
depending upon the configuration. The compliance time for all 
corrective actions is before further flight.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Bulletin.''

Differences Between the Proposed AD and Service Bulletin

    Boeing Alert Service Bulletin 767-57A0117, dated October 1, 2009, 
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 the Boeing Commercial 
Airplanes Organization Designation Authorization that we have 
authorized to make those findings.

Interim Action

    We consider this proposed AD interim action. The manufacturer is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 363 airplanes of 
U.S. registry. We also estimate that it would take about 2 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$85 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $61,710, or $170 per product.

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 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 this 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.
    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.

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 adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0277; Directorate Identifier 
2009-NM-217-AD.

Comments Due Date

    (a) We must receive comments by May 13, 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 767-57A0117, dated 
October 1, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of fatigue cracking in the 
upper wing skin at the fastener holes common to the inboard and 
outboard front spar pitch load fittings. The Federal Aviation 
Administration is issuing this AD to detect and correct fatigue 
cracking in the upper wing skin at the fastener holes common to the 
inboard and outboard front spar pitch load fittings, which could 
result in the loss of the strut-to-wing upper link load path and 
possible separation of a strut and engine from the airplane during 
flight.

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.

Initial Inspection

    (g) Except as provided by paragraph (j) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-57A0117, dated October 1, 2009: Do 
upper wing skin surface detailed and ultrasonic inspections, or do 
an open-hole high-frequency eddy current inspection, to detect 
cracking in the upper wing skin at the fastener holes common to the 
inboard

[[Page 15360]]

and outboard front spar pitch load fittings, and do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 2009, except as required by paragraph (i) of this AD. Do 
all applicable corrective actions before further flight.

Repetitive Inspections

    (h) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 2009, repeat the applicable inspection required by 
paragraph (g) of this AD, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 2009.

Exceptions to the Service Bulletin

    (i) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 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 (k) of this 
AD.
    (j) Where Boeing Alert Service Bulletin 767-57A0117, dated 
October 1, 2009, specifies a compliance time after the date on 
Boeing Alert Service Bulletin 767-57A0117, dated October 1, 2009, 
this AD requires compliance within the specified compliance time 
after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office, 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 (ACO), 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 
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.


    Issued in Renton, Washington, on March 19, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-6851 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P