[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3187-3189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1202]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0035; Directorate Identifier 2011-NM-178-AD]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company 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 
certain Model 767-200 and -300 series airplanes. This proposed AD was 
prompted by reports of fatigue cracking on the lower main sill inner 
chord of the hatch opening of the overwing emergency exit. This 
proposed AD would require repetitive inspections for cracking, 
corrosion damage, and any other irregularity of the lower main sill 
inner chord and surrounding structure, and repair if necessary. We are 
proposing this AD to detect and correct fatigue cracking on the lower 
main sill inner chord of the hatch opening of the overwing emergency 
exit, which could result in reduced structural integrity of the hatch 
opening of the overwing emergency exit and consequent rapid 
decompression of the airplane.

DATES: We must receive comments on this proposed AD by March 8, 2012.

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 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, 
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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2012-0035; 
Directorate Identifier 2011-NM-178-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 received reports of fatigue cracking on the lower main sill 
inner chord of the hatch opening of the overwing emergency exit on an 
airplane that had completed 42,079 total flight cycles. This condition, 
if not corrected, could result in reduced structural integrity of the 
hatch opening of the overwing emergency exit and consequent rapid 
decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0228, dated July 
28, 2011. This service information describes procedures, depending on 
the airplane configuration, for repetitive high frequency eddy current 
inspections for cracking of the lower main sill inner chord around body 
station (STA) 883.5; repetitive detailed inspections for cracking, 
corrosion damage, and any other irregularity of the lower main sill 
inner chord and surrounding structure around STA 883.5; and repetitive 
detailed inspections for cracking, corrosion damage, and any other 
irregularity of the lower main sill inner chord and surrounding 
structure around STA 903.5. This service information also describes 
procedures for repair of certain cracking, corrosion damage, or other 
irregularity, if necessary.
    The initial compliance time for the inspections is at the later of: 
(1) before 37,500 total flight cycles and (2) within 3,000 flight 
cycles ``after the original issue date of the service bulletin.'' The 
repetitive intervals are 3,750 flight cycles and 7,500 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.''

Differences Between Proposed AD and the Service Information

    Boeing Alert Service Bulletin 767-53A0228, dated July 28, 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:

[[Page 3188]]

     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.
    Boeing Alert Service Bulletin 767-53A0228, dated July 28, 2011, 
specifies that the sequence of steps to do the required actions can be 
changed, but this proposed AD requires that the actions must be done in 
sequence.

Costs of Compliance

    We estimate that this proposed AD affects 377 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Action                         Labor cost            Parts cost         Cost per product                   Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection......................  28 work-hours x $85 per hour            $0  $2,380 per inspection cycle..  $897,260 per inspection cycle.
                                   = $2,380 per inspection
                                   cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this proposed 
AD.

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-2012-0035; Directorate Identifier 
2011-NM-178-AD.

(a) Comments Due Date

    We must receive comments by March 8, 2012.

(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 specified in 
Boeing Alert Service Bulletin 767-53A0228, dated July 28, 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 fatigue cracking on the lower 
main sill inner chord of the hatch opening of the overwing emergency 
exit. We are issuing this AD to detect and correct fatigue cracking 
on the lower main sill inner chord of the hatch opening of the 
overwing emergency exit, which could result in reduced structural 
integrity of the hatch opening of the overwing emergency exit and 
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repair

    Within the applicable compliance time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228, 
dated July 28, 2011, except as provided by paragraph (h)(3) of this 
AD: Do a high frequency eddy current (HFEC) inspection for cracking 
of the lower main sill inner chord around body station (STA) 883.5; 
a detailed inspection for cracking, corrosion damage, and any other 
irregularity, of the lower main sill inner chord and surrounding 
structure around STA 883.5; and a detailed inspection for cracking, 
corrosion damage, or other irregularity, of the lower main sill 
inner chord and surrounding structure around STA 903.5; as 
applicable; and do all applicable repairs; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0228, dated July 28, 2011, except as required by paragraphs 
(h)(1) and (h)(2) of this AD. Do all applicable repairs before 
further flight. Repeat the applicable inspections thereafter within 
the applicable times and intervals specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228, dated 
July 28, 2011. Doing a structural repair in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0228, dated July 28, 2011, terminates the repetitive inspections 
for that location only.

(h) Exceptions

    (1) If any cracking, corrosion damage, or other irregularity is 
found during any inspection required by this AD, and Boeing Alert 
Service Bulletin 767-53A0228, dated July 28, 2011, specifies to 
contact Boeing for appropriate action: Before further flight, repair 
the cracking, corrosion damage, or other irregularity, using a 
method approved in accordance with the procedures specified in 
paragraph (i) of this AD.

[[Page 3189]]

    (2) Where Boeing Alert Service Bulletin 767-53A0228, dated July 
28, 2011, specifies that the sequence of steps to do the actions can 
be changed, this AD does not allow the sequence of steps to be 
changed.
    (3) Where Boeing Alert Service Bulletin 767-53A0228, dated July 
28, 2011, specifies a compliance time ``after the original issue 
date of this service bulletin,'' this AD requires compliance within 
the specified compliance time ``after the effective date of this 
AD.''

(i) 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 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.
    (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.

(j) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: (425) 917-6577; fax: (425) 917-6590; e-mail: 
[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 January 13, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-1202 Filed 1-20-12; 8:45 am]
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