[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Proposed Rules]
[Pages 5738-5740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02197]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / 
Proposed Rules  

[[Page 5738]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0073; Product Identifier 2017-NM-100-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 767-300 and -300F series airplanes. 
This proposed AD was prompted by reports of fatigue cracking in the 
lower outboard wing skin at the farthest outboard fastener of the 
inboard segment of a certain stringer. This proposed AD would require 
repetitive high frequency eddy current (HFEC) inspections for cracking 
of the lower outboard wing skin at the inboard segment of a certain 
stringer, and repair if necessary. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by March 26, 2018.

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 
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle, WA 
98168; telephone 206-762-1171; internet https://www.aviationpartnersboeing.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW, Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221. It is also available on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0073.

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-2018-
0073; 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 NPRM, 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: Allen Rauschendorfer, Aerospace 
Engineer, Airframe Section, FAA, Seattle ACO Branch, 1601 Lind Avenue 
SW, Renton, WA 98057-3356; phone: 425-917-6450; 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-2018-0073; 
Product Identifier 2017-NM-100-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    We have received reports of fatigue cracking in the lower outboard 
wing skin at the farthest outboard fastener of the inboard segment of 
stringer L-9.5 on Model 767-300 airplanes with Aviation Partners Boeing 
winglets installed. The cracks were found at the fastener holes common 
to the stringer on the left- and right-hand wings. Investigation 
revealed that these were fatigue cracks related to Aviation Partners 
Boeing supplemental type certificate (STC) ST01920SE winglet retrofit 
kit installations. If not corrected, these cracks could extend to 
adjacent structure and could lead to reduced load carrying capability 
in the lower skin. These conditions, if not corrected, could result in 
failure and subsequent separation of the wing and winglet, and 
consequent reduced controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Aviation Partners Boeing (APB) Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017. The service information 
describes procedures for an HFEC inspection for cracking of the lower 
outboard wing skin at the inboard segment of stringer L-9.5, and on-
condition actions that include repetitive HFEC inspections; a 
preventative modification (repair) that includes installing new 
stringers; repetitive post-modification (repair) HFEC inspections for 
cracking; and repair. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

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 ``Difference Between this Proposed Rule and the Service 
Information.''

[[Page 5739]]

Difference Between Proposed Rule and Service Information

    Aviation Partners Boeing Service Bulletin AP767-57-013, Revision 1, 
dated April 11, 2017, 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.

Compliance Times

    The initial compliance time is the later of: 1,500 flight cycles or 
7,500 flight cycles after winglet installation, whichever occurs first; 
or 18 months after the effective date of the AD.
    The repetitive compliance times vary depending on inspection 
findings. The shortest repetitive interval is 1,500 flight cycles or 
7,500 flight hours, whichever occurs first. The longest repetitive 
interval is 6,000 flight cycles or 18,000 flight hours, whichever 
occurs first.

Costs of Compliance

    We estimate that this proposed AD affects 140 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
HFEC Inspections................  1 work-hour x $85                $0   $85, per inspection  $11,900, per
                                   per hour = $255,                      cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------


                                      Estimated Costs--On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Preventative Modification (Repair)............  50 work-hours x $85 per hour =                $0          $4,250
                                                 $4,250.
Post-modification (repair) Inspections........  1 work-hour x $85 per hour =                   0              85
                                                 $255.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for on-condition repairs that might be necessary as a 
result of the post-modification (repair) inspections 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 available 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2018-0073; Product Identifier 
2017-NM-100-AD.

(a) Comments Due Date

    We must receive comments by March 26, 2018.

(b) Affected ADs

    None.

[[Page 5740]]

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 and -300F 
series airplanes, certificated in any category, with Aviation 
Partners Boeing winglets installed; as identified in Aviation 
Partners Boeing Service Bulletin AP767-57-013, Revision 1, dated 
April 11, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the lower 
outboard wing skin at the farthest outboard fastener of the inboard 
segment of stringer L-9.5 on airplanes with winglets installed per 
Supplemental Type Certificate ST01920SE. We are issuing this AD to 
prevent fatigue cracking in the lower outboard wing skin, which 
could result in failure and subsequent separation of the wing and 
winglet and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Repetitive Inspections, Preventative Modification (Repair), 
Repetitive Post-Modification (Repair) Inspections, and Repair

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017, except as required by 
paragraph (h) of this AD: Do a high frequency eddy current (HFEC) 
inspection for cracking of the lower outboard wing skin at the 
inboard segment of stringer L-9.5, in accordance with Part 1 of the 
Accomplishment Instructions of Aviation Partners Boeing Service 
Bulletin AP767-57-013, Revision 1, dated April 11, 2017.
    (1) For airplanes on which ``Condition 1'' is found, as defined 
in the Accomplishment Instructions of Aviation Partners Boeing 
Service Bulletin AP767-57-013, Revision 1, dated April 11, 2017, 
during any inspection required by paragraph (g) or (g)(1)(i) of this 
AD: Do the actions required by paragraph (g)(1)(i) or (g)(1)(ii) of 
this AD.
    (i) Repeat the inspection specified in paragraph (g) of this AD 
thereafter at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017.
    (ii) Do the actions required by paragraphs (g)(1)(ii)(A) and 
(g)(1)(ii)(B) of this AD:
    (A) Before further flight, do the preventative modification in 
accordance with Part 2 of the Accomplishment Instructions of 
Aviation Partners Boeing Service Bulletin AP767-57-013, Revision 1, 
dated April 11, 2017.
    (B) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017, do an HFEC inspection for 
cracking, in accordance with Part 3 of the Accomplishment 
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
013, Revision 1, dated April 11, 2017; and repeat the inspection 
thereafter at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017.
    (2) For airplanes on which ``Condition 2'' is found as defined 
in the Accomplishment Instructions of Aviation Partners Boeing 
Service Bulletin AP767-57-013, Revision 1, dated April 11, 2017, 
during any inspection required by paragraph (g) or (g)(1)(i) of this 
AD: Do the actions required by paragraph (g)(2)(i) and (g)(2)(ii) of 
this AD.
    (i) Before further flight, repair in accordance with Part 2 of 
the Accomplishment Instructions of Aviation Partners Boeing Service 
Bulletin AP767-57-013, Revision 1, dated April 11, 2017.
    (ii) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017, do an HFEC inspection for 
cracking, in accordance with Part 3 of the Accomplishment 
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
013, Revision 1, dated April 11, 2017; and repeat the inspection 
thereafter at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-013, Revision 1, dated April 11, 2017.
    (3) If any crack is found during any inspection required by 
paragraph (g)(1)(ii)(B) or (g)(2)(ii) of this AD, repair before 
further flight using a method approved in accordance with the 
procedures specified in paragraph (j) of this AD. Although Aviation 
Partners Boeing Service Bulletin AP767-57-013, Revision 1, dated 
April 11, 2017, specifies to contact Boeing for repair instructions, 
and specifies that action as ``RC'' (Required for Compliance), this 
AD requires repair as specified in this paragraph.

(h) Exception to Service Information Specifications

    Where paragraph 1.E., ``Compliance,'' of Aviation Partners 
Boeing Service Bulletin AP767-57-013, Revision 1, dated April 11, 
2017, specifies a compliance time of ``after the initial issue date 
of this service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.

(i) Credit for Previous Actions

    For Group 2 airplanes: This paragraph provides credit for the 
actions specified in Part 1 and Part 2 of the Accomplishment 
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
013, Revision 1, dated April 11, 2017, that are required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Aviation Partners Boeing Service 
Bulletin AP767-57-013, dated November 30, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (k)(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, modification, or alteration 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 Branch, to make those findings. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) Except as required by paragraph (g)(3) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    (1) For more information about this AD, contact Allen 
Rauschendorfer, Aerospace Engineer, Airframe Section, FAA, Seattle 
ACO Branch, 1601 Lind Avenue SW, Renton, WA 98057-3356; phone: 425-
917-6450; fax: 425-917-6590; email: [email protected].
    (2) For service information identified in this AD, contact 
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle, 
WA 98168; telephone 206-762-1171; internet https://www.aviationpartnersboeing.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 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 January 25, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02197 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-13-P