[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Proposed Rules]
[Pages 69685-69688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28759]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1168; Directorate Identifier 2010-NM-239-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767-200 and -
300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 767-200 and -300 series airplanes. This 
proposed AD was prompted by reports of cracks in the inner chords at 
both left-side and right-side stations 859.5, 883.5, and 903.5. This 
proposed AD would require repetitive inspections of the frame inner 
chord transition radius for cracks, and related investigative and 
corrective actions if necessary. We are proposing this AD to prevent 
large cracks in the frames and adjacent structure that can adversely 
affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by December 27, 
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: Deliver to Mail address above 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; email 
[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

[[Page 69686]]

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; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-1168; 
Directorate Identifier 2010-NM-239-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 have received reports of cracks in the inner chords at both 
left-side and right-side stations 859.5, 883.5, and 903.5. The reports 
indicate crack lengths that range from 0.10 inch up to 1.8 inches that 
originate from the inner chord transition radius. In some cases, the 
crack has intersected adjacent fastener holes. Analysis has determined 
the cause of the cracks in the frame inner chords to be a stress 
concentration at the transition radius. Cracks in the frame inner chord 
transition radius can propagate and intersect fastener holes in the 
frame chord. These cracks can propagate further into the frame 
structure and adjacent structure and become large enough to adversely 
affect the structural integrity of the airplane.

Relevant Service Information

    We reviewed Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011. This service information describes procedures for 
repetitive detailed inspections or surface high frequency eddy current 
(HFEC) inspections of the frame inner chord transition radius for 
cracks at stations 859.5, 883.5, and 903.5, as applicable, left and 
right buttock line 89, below water line 200; and related investigative 
and corrective actions, if necessary.
    Related investigative actions include a detailed inspection for 
filler(s) between the frame and stub-beam, and measuring for filler 
thickness if necessary; and an open hole HFEC inspection for cracks in 
the frame inner chord, failsafe chord, frame web, doubler (if 
necessary), and stub-beam, if necessary.
    Corrective actions include contacting Boeing for repair 
instructions; repairing; and oversizing the holes, and trimming out the 
inner chord transition radius crack and installing a 1-to-2 hole repair 
angle; if necessary.
    The compliance time for the initial inspection is either 11,000 
total flight cycles or 2,400 flight cycles after the date on the 
service bulletin (whichever occurs later); or 14,000 total flight 
cycles or 3,000 flight cycles after the date on the service bulletin 
(whichever occurs later); depending on airplane configuration. The 
repetitive inspection interval ranges between 2,400 and 6,000 flight 
cycles, depending on the inspection type.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    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 the Service 
Information.''
    The post-repair inspections specified in Tables 2, 4, 6, and 8 of 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 767-53A0209, 
Revision 1, dated July 27, 2011, are not required by this proposed AD.

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
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:
     In accordance with 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 (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD will affect 325 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Detailed or HFEC inspection......  23 or 26 work-hours              $0  $1,955 or $2,210     Up to $718,250 per
                                    x $85 per hour =                     per inspection       inspection cycle.
                                    $1,955 or $2,210                     cycle.
                                    per inspection
                                    cycle.
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    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 69687]]



                                               On-Condition Costs
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                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repair...............................  24 work-hours x $85 per  $383 to $8,327 per       $2,423 to $10,367 per
                                        hour = $2,040.           frame.                   frame.
On-condition detailed and HFEC         7 work-hours x $85 per   $0.....................  $595.
 inspections and measurement.           hour = $595 per frame.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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-2011-1168; Directorate Identifier 
2010-NM-239-AD.

 (a) Comments Due Date

    We must receive comments by December 27, 2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53: Fuselage.

 (e) Unsafe Condition

    This AD was prompted by reports of cracks in the inner chords at 
both left-side and right-side stations 859.5, 883.5, and 903.5. We 
are issuing this AD to prevent large cracks in the frames and 
adjacent structure that can adversely affect the structural 
integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections, Related Investigative Actions, and 
Corrective Actions

    Except as required by paragraph (h)(2) of this AD, at the times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011: Perform a 
detailed inspection or a surface high frequency eddy current (HFEC) 
inspection for cracking in the frame inner chord transition radius 
at stations 859.5, 883.5, and 903.5, as applicable, left buttock 
line and right buttock line 89, below water line 200; and do all 
applicable related investigative and corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011; except as 
required by paragraph (h)(1) of this AD. Do all applicable related 
investigative and corrective actions before further flight. If no 
cracking is found, repeat the inspections thereafter at the 
applicable interval specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.

    Note 1:  The post-repair inspections specified in Tables 2, 4, 
6, and 8 of paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011, may be used 
in support of compliance with Section 121.1109(c)(2) or 
129.109(c)(2) of the Federal Aviation Regulations (14 CFR 
121.1109(c)(2) or 14 CFR 129.109(c)(2)).

(h) Exceptions to the Service Information

    (1) If any cracking is found during any inspection required by 
this AD, and Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, 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 (j) of this 
AD.
    (2) Where Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) No Reporting Required

    Although Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

 (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 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 emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 69688]]

or lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (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 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

 (k) Related Information

    (l) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, ACO, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6577; 
fax: (425) 917-6590; email: [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; email 
[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 October 21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2011-28759 Filed 11-8-11; 8:45 am]
BILLING CODE 4910-13-P