[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Proposed Rules]
[Pages 77970-77972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30271]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0929; Directorate Identifier 2014-NM-118-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767 airplanes. This proposed AD was 
prompted by reports that six fasteners may not have been installed in 
the left and right stringer 37 (S-37) between body station (BS) 428 and 
431 lap splices on certain airplanes. This proposed AD would require a 
general visual inspection of S-37 lap splices for missing fasteners; 
and all applicable related investigative and corrective actions. We are 
proposing this AD to detect and correct missing fasteners, which could 
result in cracks in the fuselage skin that could adversely affect the 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by February 12, 
2015.

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, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2014-
0929; 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, WA 98057-3356; phone: 425-917-
6590; 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-2014-0929; 
Directorate Identifier 2014-NM-118-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 that six fasteners may not have been installed 
in the left and right stringer 37 (S-37) between BS 428 and 431 lap 
splices on certain airplanes during production. This condition, if not 
corrected, could result in cracks in the fuselage skin that could 
adversely affect the structural integrity of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0251, dated August 
7, 2013. For information on the procedures and compliance times, see 
this service information at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2014-0929.

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 these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the Service 
Information.''
    The phrase ``related investigative actions'' is used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that (1) are related to the primary action, and (2) further investigate 
the nature of any condition found. Related investigative actions in an 
AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective actions'' are actions that correct or address any 
condition found. Corrective actions in an AD could include, for 
example, repairs.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee, 
to enhance the AD system. One enhancement was a new process for 
annotating which steps in the service information are required for 
compliance with an AD. Differentiating these steps from other tasks in 
the service information is

[[Page 77971]]

expected to improve an owner's/operator's understanding of crucial AD 
requirements and help provide consistent judgment in AD compliance. The 
actions specified in the service information described previously 
include steps that are labeled as RC (required for compliance) because 
these steps have a direct effect on detecting, preventing, resolving, 
or eliminating an identified unsafe condition.
    As noted in the specified service information, steps labeled as RC 
must be done to comply with the proposed AD. However, steps that are 
not labeled as RC are recommended. Those steps that are not labeled as 
RC may be deviated from, done as part of other actions, or done using 
accepted methods different from those identified in the service 
information without obtaining approval of an alternative method of 
compliance (AMOC), provided the steps labeled as RC can be done and the 
airplane can be put back in a serviceable condition. Any substitutions 
or changes to steps labeled as RC will require approval of an AMOC.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 767-53A0251, dated August 7, 2013, 
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 affects 23 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
----------------------------------------------------------------------------------------------------------------
General visual inspection...........  1 work-hour x $85 per                $0              $85           $1,955
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspections/
installations 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 inspections/installations:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed and high frequency eddy current       13 work-hours x $85 per hour =               $0           $1,105
 inspections and fastener installation.         $1,105.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the repairs specified in this proposed AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):


[[Page 77972]]


The Boeing Company: Docket No. FAA-2014-0929; Directorate Identifier 
2014-NM-118-AD.

(a) Comments Due Date

    We must receive comments by February 12, 2015.

(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 767-53A0251, dated 
August 7, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports that six fasteners may not have 
been installed in the left and right stringer 37 (S-37) between body 
station 428 and 431 lap splices on certain airplanes. We are issuing 
this AD to detect and correct missing fasteners, which could result 
in cracks in the fuselage skin that could adversely affect the 
structural integrity of the airplane.

(f) Compliance

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

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

    Except as provided by paragraph (h)(2) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-53A0251, dated August 7, 2013: Do 
an external general visual inspection of the S-37 lap splice for 
missing fasteners, and do all applicable related investigative and 
corrective actions; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013, except as provided by paragraph (h)(1) of this AD. 
Do all applicable related investigative and corrective actions 
before further flight.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013, specifies to contact Boeing for repair instructions: 
Before further flight, do the repair using an FAA-approved method.
    (2) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-53A0251, dated August 7, 2013, 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 paragraph (j)(1) 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 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.
    (4) Except as required by paragraph (h)(1) of this AD: If the 
service information contains steps that are labeled as RC, those 
steps must be done to comply with this AD; any steps that are not 
labeled as RC are recommended. Those steps that are not labeled as 
RC may be deviated from, done as part of other actions, or done 
using accepted methods different from those identified in the 
specified service information without obtaining approval of an AMOC, 
provided the steps labeled as RC can be done and the airplane can be 
put back in a serviceable condition. Any substitutions or changes to 
steps labeled as RC require approval of an AMOC.

(j) 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, WA 98057-
3356; phone: 425-917-6590; 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, WA 98124-2207; telephone 20-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 17, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-30271 Filed 12-24-14; 8:45 am]
BILLING CODE 4910-13-P