[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24835-24838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9949]


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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; 
Amendment 39-17031; AD 2012-08-14]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company 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 
The Boeing Company Model 767 airplanes. This AD was prompted by reports 
of cracking in the upper wing skin at the fastener holes common to the 
pitch load fittings of the inboard and outboard 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 AD requires repetitive inspections to detect fatigue 
cracking in the wing skin, and corrective actions if necessary. We are 
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective May 31, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 31, 2012.

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; 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://

[[Page 24836]]

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 (phone: 800-647-5527) is 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; phone: 425-
917-6577; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on October 
11, 2011 (76 FR 62663). The original NPRM (75 FR 15357, March 29, 2010) 
proposed to require repetitive inspections to detect fatigue cracking 
in the upper wing skin at the fastener holes common to the pitch load 
fittings of the inboard and outboard front spar, and corrective actions 
if necessary. The SNPRM proposed to revise that NPRM by reducing 
compliance times.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (76 
FR 62663, October 11, 2011) and the FAA's response to each comment.

Supportive Comment

    Boeing concurs with the contents of the SNPRM (76 FR 62663, October 
11, 2011).

Request for Relief From Alternative Methods of Compliance (AMOC) 
Requirement

    Aviation Partners Boeing (APB) requested that we revise the SNPRM 
(76 FR 62663, October 11, 2011) to state that supplemental type 
certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/$FILE/
ST01920SE.pdf), has no impact on the inspection intervals and 
corrective actions. APB stated that structural analysis shows that the 
inspection intervals and required corrective actions in the SNPRM are 
unaffected by the installation of the APB winglets; therefore, there is 
no need for an AMOC.
    We agree with the request. We must receive a request for approval 
of an AMOC, as required by 14 CFR 39.17 (Section 39.17 of the Federal 
Aviation Regulations), if a change in a product affects the ability to 
accomplish the actions required by the AD. We agree that the referenced 
STC does not affect accomplishment of the requirements of this AD, and 
an AMOC is not necessary for a ``change in product'' AMOC approval 
request. We have therefore added this provision in new Note 1 to 
paragraph (c) of this AD.

Request To Revise Paragraph (g) of the SNPRM (76 FR 62663, October 11, 
2011)

    Delta requested that we revise paragraph (g) of the SNPRM (76 FR 
62663, October 11, 2011) to include the following statement:

    If, during opening for access to perform Part 2 inspection [of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-57A0117, Revision 1, dated March 2, 2011], a freeze plug is 
found in the upper skin at any fastener location included in the 
service bulletin, then the inspections per Part 2 must be 
discontinued, and Part 1 inspections must be used for that wing for 
that visit and for all subsequent repeat inspections.

Delta stated that since open-hole eddy current inspections of any 
freeze plug would not detect cracks, the requirement to use Part 2 
inspections should not be applied to any freeze plug including 
previously accomplished repairs.
    Although we agree with the commenter's characterization of the 
requirements, we disagree that it is necessary to make this distinction 
in the AD. Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated 
March 2, 2011, clearly states which inspection must be done, but we 
have added ``as applicable'' in the first sentence of paragraph (g) of 
this AD, to clarify that only the actions that apply to the individual 
airplane are required.

Additional Changes to This Final Rule

    We have revised the heading and wording for paragraph (i) of this 
AD. These changes do not affect the intent of this AD.

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 and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (76 FR 62663, October 11, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (76 FR 62663, October 11, 2011).
    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 417 airplanes of U.S. registry.
    We estimate the following costs to comply with this 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 inspection. We have no 
way of determining the number of aircraft that might need these 
repairs:

[[Page 24837]]



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

    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),
    (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.

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 airworthiness 
directive (AD):

2012-08-14 The Boeing Company: Amendment 39-17031; Docket No. FAA-
2010-0277; Directorate Identifier 2009-NM-217-AD.

(a) Effective Date

    This AD is effective May 31, 2012.

(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.

    Note 1 to paragraph (c) of this AD:  Supplemental Type 
Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/
$FILE/ST01920SE.pdf) does not affect the ability to accomplish the 
actions required by this AD. Therefore, for airplanes on which STC 
ST01920SE is installed, a ``change in product'' alternative method 
of compliance (AMOC) approval request is not necessary to comply 
with the requirements of 14 CFR 39.17. For all other AMOC requests, 
the operator must request approval for an AMOC according to 
paragraph (j) of this AD.

(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 pitch load fittings of the 
inboard and outboard front spar. 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 pitch load fittings of the 
inboard and outboard 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 Inspections

    Except as provided by paragraph (h) 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, as applicable, to detect 
cracking in the upper surface of the upper wing skin at the fastener 
holes common to the pitch load fittings of the inboard and outboard 
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 of 
the original issue of 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.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert

[[Page 24838]]

Service Bulletin 767-57A0117, dated October 1, 2009.

(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, 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 Aircraft 
Certification Office (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.

(k) Related Information

    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; email: 
[email protected]. Or, email information to [email protected].

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (i) Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated 
March 2, 2011.
    (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.
    (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/cfr/ibr_locations.html.

    Issued in Renton, Washington, on April 11, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9949 Filed 4-25-12; 8:45 am]
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