[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62663-62667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26107]


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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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all Model 767 airplanes. That NPRM proposed repetitive 
inspections to detect fatigue cracking in the wing skin, and corrective 
actions if necessary. That NPRM was prompted by reports of cracking in 
the upper wing skin at the fastener holes common to the inboard and 
outboard pitch load fittings of the front spar 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. This 
action revises that NPRM by reducing compliance times. We are proposing 
this supplemental NPRM to correct the unsafe condition on these 
products. Since these actions impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by November 
25, 2011.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 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 (phone: 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; phone: 
425-917-6577; fax: 425-917-6590; e-mail: [email protected].

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

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to Model 767-200, -300, -300F, and -400ER series airplanes. 
That NPRM was published in the Federal Register on March 29, 2010 (75 
FR 15357). That NPRM proposed to require repetitive inspections to 
detect fatigue cracking in the upper wing skin at the fastener holes 
common to the inboard and outboard pitch load fittings of the front 
spar, and corrective actions if necessary.

Actions Since Previous NPRM (75 FR 15357, March 29, 2010) Was Issued

    Since we issued the previous NPRM (75 FR 15357, March 29, 2010), 
one

[[Page 62664]]

operator reported finding a fastener hole with significant crack sizes 
of 0.53 and 0.31 inch on either side of the hole on an airplane having 
accumulated 18,900 total flight cycles and 89,500 total flight hours at 
the time of the inspection. These cracks were found sooner than 
expected; therefore, certain initial inspection compliance times (grace 
periods) have been reduced.

Relevant Service Information

    Boeing has issued Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011, to reduce certain initial inspection compliance 
times (grace periods) from 4,000 flight cycles or 12,000 flight hours, 
to 2,000 flight cycles or 6,000 flight hours (whichever occurs first), 
respectively. The procedures in Revision 1 of this service bulletin are 
essentially the same as those in Boeing Alert Service Bulletin 767-
57A0117, Original Issue, dated October 1, 2009, which was referenced in 
the NPRM (75 FR 15357, March 29, 2010) as the appropriate source of 
service information for accomplishing the proposed requirements.
    We have revised this supplemental NPRM to refer to Boeing Alert 
Service Bulletin 767-57A0117, Revision 1, dated March 2, 2011, given 
credit for Boeing Alert Service Bulletin 767-57A0117, Original Issue, 
dated October 1, 2009, and re-identified subsequent paragraphs.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(75 FR 15357, March 29, 2010). The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request for Clarification of Inspection Locations

    Continental Airlines requested that we clarify the locations on 
which the inspections are done because the Accomplishment Instructions 
of Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated 
October 1, 2009, specify doing detailed and ultrasonic inspections of 
the upper wing skin surface, but also mention certain instructions that 
specify doing the inspections on the lower surface of the upper wing 
skin.
    We agree that clarification is needed. The upper surface of the 
upper wing skin is the location for the inspection. Boeing Alert 
Service Bulletin 767-57A0117, Revision 1, dated March 2, 2011 
(described previously), specifies that the inspections be done on the 
``upper wing skin surface.'' To clarify the location of the 
inspections, we have changed the wording of that phrase in the Summary 
and paragraphs (e) and (g) of this supplemental NPRM to ``upper surface 
of the upper wing skin.''

Request for Clarification of Certain Repair Conditions

    All Nippon Airways (ANA) requested that we add the reference 
``Condition 2D'' to paragraph (i) of the NPRM (75 FR 15357, March 29, 
2010), which is reidentified as paragraph (h) of this supplemental 
NPRM, to clarify that only Condition 2D of Table 1, paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-57A0117, Original 
Issue, dated October 1, 2009, requires contacting Boeing for 
appropriate action. ANA added that ``Condition 2D'' specifies to 
``contact Boeing for additional instructions and do the repair,'' but 
paragraph (i) of the NPRM refers to contacting Boeing for appropriate 
action. The commenter requested clarification.
    We agree to provide clarification. We disagree with adding a 
reference to Condition 2D in paragraph (h) of this supplemental NPRM. 
Condition 2D of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-57A0117, Revision 1, dated March 2, 2011 (this revised 
service bulletin is referenced in this supplemental NPRM as the 
appropriate source of service information), is the only condition that 
requires contacting Boeing for additional instructions and doing the 
repair. However, we have revised the language in paragraph (h) of this 
supplemental NPRM to match the language in Boeing Alert Service 
Bulletin 767-57A0117, Revision 1, dated March 2, 2011.

Request for Clarification of Repair Limits of Figures 5 and 6 of Boeing 
Alert Service Bulletin 767-57A0117, Original Issue, Dated October 1, 
2009

    Boeing and ANA requested we clarify that any cracks found can be 
repaired using Figures 5 and 6 of Boeing Alert Service Bulletin 767-
57A0117, Original Issue, dated October 1, 2009, provided such cracks 
are within the repair limits described in those figures. Boeing stated 
that while Figures 5 and 6 provide repairs for cracks removed up to a 
final hole diameter of 0.540 inch from the starting hole size of 0.375 
inch, the NPRM (75 FR 15357, March 29, 2010) would require that all 
repairs be submitted for FAA approval. Boeing requested that we change 
paragraph (i) of the NPRM (paragraph (h) of this supplemental NPRM) to 
further limit the repair conditions that require FAA approval to 
include cracks that exceed the repair limits contained in Figures 5 and 
6 of Boeing Alert Service Bulletin 767-57A-0117, Original Issue, dated 
October 1, 2009.
    We disagree. Paragraph (h) of this supplemental NPRM does not 
require all cracks to be repaired in accordance with paragraph (j) of 
this supplemental NPRM. Only those cracks beyond the documented limits 
in Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March 
2, 2011, for which that service bulletin states to ``contact Boeing'' 
are required to be repaired in accordance with paragraph (j) of this 
supplemental NPRM. Paragraph (h) of this supplemental NPRM refers to 
conditions specified in that service bulletin, which include the 
limitation noted by the commenter. No change has been made to this 
supplemental NPRM in this regard.

Request for Definition of Condition 2D of Boeing Alert Service Bulletin 
767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines requested changing the definition of Condition 
2D of Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated 
October 1, 2009. Continental Airlines stated that the definition is, 
``Any crack found in one or more of the affected fastener hole 
locations that can not be removed with a final hole diameter of less 
than or equal to 0.540 inches.'' Continental Airlines noted that the 
condition of ``less than or equal to 0.540 inches'' is already covered 
under Condition 2C and suggested changing the wording to ``Any crack 
found in one or more of the affected fastener hole locations that can 
not be removed with a final hole diameter of 0.540 inches.''
    We disagree with changing the definition of Condition 2D. Condition 
2C specifies cracks that can be removed with a repaired hole diameter 
greater than 0.453 inch and less than or equal to 0.540 inch. Condition 
2D specifies cracks that cannot be removed with a repaired hole 
diameter of less than or equal to 0.540 inch. No change has been made 
to this supplemental NPRM in this regard.

Request To Retain the Compliance Time Specified in Boeing Alert Service 
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    ANA requested that the compliance time specified in Boeing Alert 
Service Bulletin 767-57A0117, Original Issue, dated October 1, 2009, be 
retained as proposed in the NPRM (75 FR 15357, March 29, 2010) instead 
of reduced as specified in Boeing Alert Service Bulletin 767-57A0117, 
Revision 1, dated March 2, 2011. ANA stated that

[[Page 62665]]

they changed their ``C'' check maintenance schedule, which aligns 
better with the compliance times specified in Boeing Alert Service 
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009.
    We do not agree with the commenter's request to extend the 
compliance times. The intent of this supplemental NPRM, as stated in 
the preamble section, ``Actions Since Previous NPRM Was Issued,'' is to 
reduce the initial proposed compliance times based on failures found on 
airplanes below the proposed compliance times. In developing an 
appropriate compliance time for this action, we considered the safety 
implications, parts availability, and normal maintenance schedules for 
the timely accomplishment of the inspection. In consideration of these 
items, as well as the reports of cracking, we have determined that the 
revised compliance times specified in Boeing Alert Service Bulletin 
767-57A0117, Revision 1, dated March 2, 2011, will ensure an acceptable 
level of safety.
    Since maintenance schedules vary widely among operators, we tried 
to accommodate most affected operators by allowing the inspections to 
be done during scheduled maintenance intervals. However, under the 
provisions of paragraph (j) of this supplemental NPRM, we will consider 
requests for approval of an extension of the compliance time if 
sufficient data are submitted to substantiate that the extension would 
provide an acceptable level of safety.

Request To Change Wording in Figure 5 of Boeing Alert Service Bulletin 
767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines stated that the ``More Data'' column of Step 
2, Figure 5, of Boeing Alert Service Bulletin 767-57A0117, Original 
Issue, dated October 1, 2009, references ``Table 1 or Table 2 below.'' 
Continental noted that there are no tables ``below'' on that particular 
page, but are on the following page.
    We infer that the commenter is requesting that we revise this 
supplemental NPRM to clarify the location of the tables. We disagree. 
Although those tables are not physically ``below'' on the same page, 
those tables can be easily located and can still be considered 
``below'' as they follow the discussion items. No change has been made 
to this supplemental NPRM in this regard.

Request for Clarification of Step 4, Figure 5, of Boeing Alert Service 
Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines requested clarification of the wording in the 
``More Data'' column of Step 4, Figure 5, of Boeing Alert Service 
Bulletin 767-57A0117, Original Issue, dated October 1, 2009. The 
commenter stated that the reference to ``SRM 51-40-09,'' in the ``More 
Data'' section of this service bulletin is for aluminum structure. 
Continental believed the intent is to cold work the skin hole only for 
airplanes with titanium pitch load fittings. Continental requested that 
we clarify this definition.
    We agree that the cold working was meant for the wing skin holes 
for airplanes having titanium pitch load fittings. However, we have 
determined that the titanium fitting maintains an adequate level of 
safety if the cold working process is carried out through the entire 
stack-up. The other option would be to cold work only the aluminum 
skin, but that would be cost prohibitive and impractical to remove the 
titanium fitting, cold work the aluminum skin, and re-install the 
titanium fitting on the airplane. No change has been made to the 
supplemental NPRM in this regard.

Request To Change Location of Appendix A Reference of Boeing Alert 
Service Bulletin 767-57A0117, Original Issue, Dated October 1, 2009

    Continental Airlines stated that it may be beneficial to reference 
Appendix A in Figure 6 of Boeing Alert Service Bulletin 767-57A0117, 
Original Issue, dated October 1, 2009.
    We partially agree. Although it could be beneficial to reference 
Appendix A in Figure 6, Appendix A already is referenced in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-57A0117, 
Revision 1, dated March 2, 2011 (this revised service bulletin is 
referenced in this supplemental NPRM). No change has been made to the 
supplemental NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs. Certain changes described above expand the scope of 
the original NPRM (75 FR 15357, March 29, 2010). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between the Supplemental NPRM and the 
Service Information.''

Differences Between the Supplemental NPRM and the Service Information

    Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March 
2, 2011, 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.

Costs of Compliance

    We estimate that this proposed AD affects 417 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  10 work-hours x $85 per             $28,836         $29,686     $12,379,062
                                      hour = $850 per inspection
                                      cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the proposed inspection. We 
have no way of determining the number of aircraft that might need these 
repairs:

[[Page 62666]]



                                               On-Condition Costs
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              Action                             Labor cost                Parts cost       Cost per product
----------------------------------------------------------------------------------------------------------------
Hole repair.......................  1 work-hour per hole x maximum 48              $0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
Fastener replacement..............  1 work-hour per hole x maximum 48               0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
Freeze plug repair................  1 work-hour per hole x maximum 48               0  Up to $4,080.
                                     holes per airplane x $85 per hour =
                                     up to $4,080 per airplane.
----------------------------------------------------------------------------------------------------------------

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 
airworthiness directive (AD):

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

(a) Comments Due Date

    We must receive comments by November 25, 2011.

(b) Affected ADs

    None

(c) Applicability

    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, Revision 1, 
dated March 2, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by 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 issuing this AD to detect and 
correct fatigue cracking in the upper surface of the upper wing skin 
at the fastener holes common to the inboard and outboard pitch load 
fittings of the front spar, 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Initial and Repetitive Inspection

    Except as provided by paragraph (i) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March 
2, 2011: Do detailed and ultrasonic inspections, or do an open-hole 
high-frequency eddy current inspection, to detect cracking in the 
upper surface of the upper wing skin at the fastener holes common to 
the inboard and outboard pitch load fittings of the front spar; and 
do all applicable corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0117, Revision 1, dated March 2, 2011, except as required by 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight. Repeat the applicable inspections thereafter 
at intervals not to exceed the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-57A0117, Revision 1, dated March 2, 2011.

(h) Exceptions to the Service Bulletin

    (1) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011, specifies to contact Boeing for additional 
instructions: Before further flight, repair the cracking using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.
    (2) Where Boeing Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011, specifies a compliance time after the date on 
Boeing Alert Service Bulletin 767-57A0117, Original Issue, dated 
October 1, 2009, this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) Credit for Actions Accomplished in Accordance With Previous Service 
Information

    Actions done before the effective date of this AD in accordance 
with Boeing Alert Service Bulletin 767-57A0117, dated October 1, 
2009, are acceptable for compliance with the corresponding 
requirements of paragraph (g) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as

[[Page 62667]]

appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in the 
Related Information section of this AD. Information may be e-mailed 
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; phone: 425-917-6577; fax: 425-917-6590; e-
mail: [email protected]. Or, e-mail information to [email protected].
    (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. 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.

    Issued in Renton, Washington, on September 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-26107 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P