[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8615-8618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2515]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0377; Directorate Identifier 2009-NM-246-AD; 
Amendment 39-16599; AD 2011-03-15]
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 airplanes. This AD requires doing a detailed inspection for 
correct main track downstop assembly, thread protrusion, and damaged 
and missing parts of the main track downstop assemblies of the outboard 
slats, and related investigative and corrective actions if necessary. 
This AD also requires doing a detailed inspection for foreign objects, 
debris and damage to the wall of the track housing of the outboard 
slats, and corrective actions if necessary. This AD results from 
reports of broken bolts in the outboard slat main track downstop 
assembly. We are issuing this AD to detect and correct incorrectly 
installed main track downstop assemblies, which can allow the main 
track downstop hardware to fall into the track housing and cause a 
puncture in the track housing when the slat is retracted. This 
condition, if not corrected, could result in a fuel leak and an 
increased risk of fire.

DATES: This AD is effective March 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 22, 
2011.

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.

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 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 Model 767 airplanes. That NPRM was published in the Federal 
Register on April 8, 2010 (75 FR 17887). That NPRM proposed to require 
doing a detailed inspection for correct main track downstop assembly, 
thread protrusion, and damaged and missing parts of the main track 
downstop assemblies of the outboard slats, and related investigative 
and corrective actions if necessary. That proposed AD also proposed to 
require doing a detailed inspection for foreign objects debris and 
damage to the wall of the track housing of the outboard slats, and 
corrective actions if necessary.

Relevant Service Information

    The NPRM referred to Boeing Special Attention Service Bulletin 767-
57-0118, dated October 8, 2009. We reviewed Boeing Special Attention 
Service Bulletin 767-57-0118, Revision 1, dated October 21, 2010. This 
service bulletin revision adds an option to inspect either the bolt or 
nut for looseness by applying torque to the main track downstop 
assembly nut or the bolt head, corrects a reference, and removes the 
references to slat numbers 6 and 7 in Appendix A. This service bulletin 
revision does not add any additional work for the affected airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Request To Add Boeing Document D-590 as Source of Additional Guidance

    American Airlines (AAL) requested that we specify that Boeing 
Document D-590 may be used as a source for acceptable fastener and 
material

[[Page 8616]]

substitution in a note in the General Information section of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-57-0118, dated October 8, 2009.
    From this request, we infer that AAL asked that we include Boeing 
Document D-590 as a source for the acceptable fastener and material 
substitution in the NPRM. We disagree that adding this document to the 
requirements of the AD is necessary. Boeing Document D-590 is the 
collection of many Boeing standards and specifications. We have 
determined that this document is too broad for this AD. We have not 
changed the final rule in regard to this issue.

Request To Clarify Fitting Location

    AAL requested that we clarify the fitting location. AAL stated that 
it believes the 114T2520 fitting located at outboard slat station (OSS) 
426.997 should be removed to facilitate proper torque checking of the 
bolts. AAL stated that Boeing confirmed that it is acceptable to remove 
the stop fitting(s) as required for access and that it is safe to 
remove the stop fitting(s) without rigging the slats. AAL also stated 
that Boeing does not plan to revise Boeing Special Attention Service 
Bulletin 767-57-0118, dated October 8, 2009, to include removal or 
installation procedures for the stop fitting(s) for access purposes. 
AAL reported that Boeing does plan to add a note in the next revision 
of Boeing Special Attention Service Bulletin 767-57-0118, dated October 
8, 2009, that states ``if it is necessary to remove more parts for 
access, you can remove those parts. You must install all parts removed 
for access before the airplane is put back in service.'' As a result, 
AAL requested that we revise the NPRM to incorporate a note providing 
steps to remove the up-stop fitting as required to facilitate the 
torque check, to reinstall the up-stop fitting in accordance with 
Boeing Drawing 114T2160, and to torque the nuts using Boeing Airplane 
Company (BAC) procedure 5009 or an equivalent operator procedure.
    We agree that clarification might be necessary. Based on the best 
data available, the manufacturer provided the procedures necessary to 
do the required actions. Note 8 in Section A. ``General Information'' 
of the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-57-0118, Revision 1, dated October 21, 2010, states, ``If 
it is necessary to remove more parts for access, you can remove those 
parts. If you can get access without removing identified parts, it is 
not necessary to remove all of the identified parts.'' The procedures 
in AD rulemaking actions, however, typically do not include procedures 
such as the steps required to gain access and close up. We have updated 
the final rule to refer to the latest issue of the service information.

Request To Revise Requirements for Torque Check

    AAL stated that a single torque check could be accomplished rather 
than the two distinct checks as specified in Steps 1 and 2 of Figures 2 
and 5 of Boeing Special Attention Service Bulletin 767-57-0118, dated 
October 8, 2009. AAL stated that in these figures, the torque check is 
accomplished by first holding the bolt head and applying force to the 
nut to verify that it does not turn on the bolt threads. AAL stated 
that the torque is checked secondly by applying torque to the head and 
verifying that the bolt does not rotate. AAL stated that applying 
torque to the nut without holding the head will adequately test the 
same conditions. AAL stated that if the bolt and nut are loose and if 
torque is applied to the nut, either the nut will turn on the bolt or 
the bolt will turn with the nut. AAL stated that if neither turns, then 
they are tight. AAL asserted that this procedure would eliminate some 
work steps and simplify the task.
    We agree with the reasons provided by the commenter. As stated 
previously Boeing has released Special Attention Service Bulletin 767-
57-0118, Revision 1, dated October 21, 2010, which corrects that 
information. We have revised the final rule to refer to this service 
bulletin as the appropriate source of service information.

Request To Change Reference to Airplane Maintenance Manual (AMM)

    Continental Airlines (CAL) requested that Boeing Special Attention 
Service Bulletin 767-57-0118, dated October 8, 2009, be revised to 
correct the reference to the AMM section to 27-81-34, not 27-81-00.
    We agree. As stated previously Boeing has released Special 
Attention Service Bulletin 767-57-0118, Revision 1, dated October 21, 
2010, which corrects that information. We have revised the final rule 
to refer to this revision as the appropriate source of service 
information.

Request To Revise Costs of Compliance

    United Airlines (United) requested that we revise the Costs of 
Compliance section of the NPRM. United noted that the FAA estimated 8 
work-hours to comply with the proposed requirements of the NPRM, and 
Boeing Special Attention Service Bulletin 767-57-0118, dated October 8, 
2009, estimated 22 work-hours.
    We disagree with the request to revise the Costs of Compliance 
section of this AD. The economic analysis is limited to the cost of 
actions actually required by the rule. It does not consider the costs 
of ``on condition'' actions (e.g., ``repair, if necessary'') because, 
regardless of AD direction, those actions would be required to correct 
an unsafe condition identified in an airplane and ensure operation of 
that airplane in an airworthy condition, as required by the Federal 
Aviation Regulations. We have made no change to this final rule 
regarding this issue.

Request To Add Damage Reporting Allowance in Paragraph (h) of the NPRM

    Boeing requested that we clarify that if damage is found while 
inspecting the slat track housing, operators should contact the FAA for 
approval of an alternative method of compliance (AMOC) only when the 
damage exceeds the allowance contained in Boeing Special Attention 
Service Bulletin 767-57-0118. Boeing stated that this service bulletin 
contains damage blend-out allowances (0.015-inch blend-out depth on a 
0.063-inch-thick wall) for the slat track housing in Figure 8. Boeing 
stated that the NPRM does not provide for the existing repair 
information contained in this service bulletin and requires that all 
repairs be submitted to the FAA for approval of AMOCs.
    We agree with the request for the reasons the commenter provided, 
and we have revised paragraph (h) of this AD accordingly.

Explanation of Change to This AD

    We added a new paragraph (k) to this final rule to provide 
information on the federal Paperwork Reduction Act. We have 
reidentified subsequent paragraphs accordingly.

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 361 airplanes of U.S. registry. We 
also estimate that it will take about 8 work-hours per product to 
comply with this AD. The average labor rate is $85 per work-hour. 
Required parts will cost $0

[[Page 8617]]

per product. Based on these figures, we estimate the cost of this AD to 
the U.S. operators to be $245,480, or $680 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

    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:
    (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

    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:

2011-03-15 The Boeing Company: Amendment 39-16599. Docket No. FAA-
2010-0377; Directorate Identifier 2009-NM-246-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective March 22, 
2011.

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 Special Attention Service Bulletin 767-57-0118, 
Revision 1, dated October 21, 2010.

Subject

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

Unsafe Condition

    (e) This AD results from reports of broken bolts in the main 
track downstop assembly of the outboard slat. The Federal Aviation 
Administration is issuing this AD to detect and correct incorrectly 
installed main track downstop assemblies, which can allow the main 
track downstop hardware to fall into the track housing and cause a 
puncture in the track housing when the slat is retracted. This 
condition, if not corrected, could result in a fuel leak and an 
increased risk of fire.

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) Within 24 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Do a detailed inspection for correct assembly, thread 
protrusion, and damaged and missing parts of the main track downstop 
assemblies of outboard slats 1 through 5 and slats 8 through 12, and 
do all applicable related investigative and corrective actions, in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 767-57-0118, Revision 1, dated 
October 21, 2010. Do all applicable related investigative and 
corrective actions before further flight.
    (2) Do a detailed inspection for foreign objects debris and 
damage to the wall of the track housing of the outboard slats 1 
through 5 and slats 8 through 12, and do all applicable corrective 
actions, in accordance with Part 3 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-57-
0118, Revision 1, dated October 21, 2010, except as required by 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight.

Exception to the Service Bulletin

    (h) If any damage is found during any inspection required by 
paragraph (g)(2) of this AD, and that damage exceeds the allowable 
damage contained in Figure 8 of Boeing Special Attention Service 
Bulletin 767-57-0118, Revision 1, dated October 21, 2010, before 
further flight, replace the track housing or repair the damage using 
a method approved in accordance with the procedures specified in 
paragraph (l) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Actions accomplished in accordance with Boeing Special 
Attention Service Bulletin 767-57-0118, dated October 8, 2009, 
before the effective date of this AD, are acceptable for compliance 
with the corresponding actions specified in this AD, provided that 
the provisions of paragraph (h) of this AD are complied with.

Reporting

    (j) Submit a report of positive findings of the inspections 
required by paragraph (g) of this AD to the Manager, Seattle 
Aircraft Certification Office (ACO), FAA, at the applicable time 
specified in paragraph (j)(1) or (j)(2) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane registry, variable or line number, and the 
number of landings and flight hours on the airplane. The report does 
not need to include reporting on slats 6 and 7. 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.

Paperwork Reduction Act Burden Statement

    (k) A federal agency may not conduct or sponsor, and a person is 
not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800

[[Page 8618]]

Independence Ave., SW., Washington, DC 20591, Attn: Information 
Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (l)(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, 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. 
Information may be e-mailed 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 Special Attention Service Bulletin 767-
57-0118, Revision 1, dated October 21, 2010, 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.

    Issued in Renton, Washington, on January 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-2515 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P